Child Custody Attorney Franklin, Tennessee

Franklin Child Custody Lawyers

Upholding parental rights in Franklin, TN & throughout Williamson County

Though child custody is an emotionally charged issue, it must be resolved in practical terms, by weighing the desires of the two parents against what is objectively in the best interest of the child. For more than 30 years, the Law Offices of Adrian H. Altshuler & Associates has helped divorcing and divorced spouses understand the legal definitions of custody and implement plans that uphold their parental rights while serving their children’s needs.

Understanding Tennessee child custody law

Custody is divided into two parts: legal custody and physical custody. Legal custody is the authority to make decisions about a child’s health and welfare, whereas physical custody is the responsibility for sheltering the child and providing for physical needs, such as food and clothing. Couples share the expenses of physical custody through child support payments. Those are the everyday terms for it. In a Tennessee court order, the same decisions appear inside a permanent parenting plan: the residential schedule and the decision-making authority described below. Tennessee courts decide on child custody matters based on what is in the child's best interests. They consider a number of criteria in granting sole custody or joint custody, including:

  • The existing relationship between parent and child
  • The parents' ability to give the child shelter, education, medical care, and the degree to which a parent has been the primary caregiver
  • The parents' mental and physical health
  • The parents' relationship with each other
  • Importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment
  • The child's home, school, and community record
  • The child's preference, if the child is 12 or older
  • Any physical or emotional abuse inflicted by the parents on the child, on the other parent, or on any other person
  • The parents' past and potential handling of parenting responsibilities

Our firm works to obtain fair arrangements and is active in support of fathers’ rights in divorce. Our Murfreesboro child custody attorneys also help noncustodial parents obtain the fair child visitation schedules to which they are entitled.

Temporary custody orders and ongoing representation in Williamson County

At the Law Offices of Adrian H. Altshuler & Associates, we facilitate child custody arrangements from the earliest stages of marital separation, with temporary custody orders. We also know that child custody issues often arise after the court orders the initial judgment. At that point, any modifications must go through the court system, but we can file your petition to modify custody and advise you about the likely outcome. We are committed to representing your rights to our utmost ability in and out of court.

The permanent parenting plan is the heart of a Tennessee custody case

Tennessee does not frame custody in terms of one parent "winning." In a divorce, legal separation or annulment involving a minor child, the final decree has to incorporate a permanent parenting plan. That court order sets a residential schedule showing when the child is in each parent's care, and it allocates decision-making authority over the child's education, health care, extracurricular activities and religious upbringing. Where the child lives with one parent more than half the time, the schedule designates that parent the primary residential parent.

The court builds that plan around the best interests of the child, weighing the statutory factors listed above. Understanding how those factors apply to your family is where an experienced Franklin child custody lawyer makes the difference.

Child Custody Lawyer Franklin TN

Change of custody: modifying an existing order in Franklin

A parenting plan is not as permanent as the name suggests. Either parent can ask a Tennessee court for a change of custody — a modification of the existing order — when circumstances have genuinely changed since the plan was entered.

The legal threshold is a material change in circumstances, and the parent requesting the change has to prove one by a preponderance of the evidence. Tennessee law is explicit that this does not require showing the child faces a substantial risk of harm — a common misunderstanding that keeps parents from coming forward.

Tennessee also treats two kinds of modification differently:

  • Changing the primary residential parent — who the child primarily lives with — is the higher bar.
  • Adjusting the residential schedule — the parenting-time calendar — can rest on more ordinary changes, such as the child growing older or a parent's new work or living situation.

If the court finds a material change, it then re-applies the best-interest factors to decide what the modified plan should look like.

When a parent wants to move: child relocation

Child relocation is one of the most contested areas of Tennessee custody law, and the rules changed substantially in 2018. A Franklin parent on either side of a proposed move should understand how the process now works.

If a parent intends to move with the child either out of state or more than fifty miles from the other parent within Tennessee, that parent must give written notice — by registered or certified mail — at least sixty days before the move. The notice must state where the parent intends to relocate and the reasons for it.

The other parent then has thirty days to file a petition opposing the move. If no petition is filed within that window, the relocation is generally permitted to proceed.

When a parent does object, the court decides the question on the best interests of the child. This is what changed in 2018: there is no longer a presumption favoring the parent who has the child the majority of the time. The parent who wants to move now carries the burden of showing the move serves the child's best interests. Because the current rules displaced much of the older Tennessee relocation case law, this is an area where getting advice early — before notice goes out, or as soon as it arrives — genuinely matters.

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Frequently asked questions

How do I change a custody order in Tennessee?

You file a petition to modify and prove a material change in circumstances by a preponderance of the evidence. Tennessee does not require showing the child is at substantial risk of harm. If the court finds a material change, it re-weighs the best-interest factors to decide the new arrangement.

How much notice do I have to give to move with my child in Tennessee?

If you intend to move with the child out of state or more than fifty miles away within Tennessee, you must notify the other parent by registered or certified mail at least sixty days before the move. The other parent then has thirty days to file a petition opposing the relocation.

Can a parent stop the other parent from relocating with the child?

They can object. If a petition opposing the move is filed within thirty days of notice, a Tennessee court decides based on the child's best interests. Since 2018, the parent who wants to relocate carries the burden of proving the move is in the child's best interests.

What is a material change in circumstances?

It is the legal threshold for changing an existing custody order in Tennessee. It can include a parent's repeated failure to follow the parenting plan, significant changes in a parent's living or working conditions, or the changing needs of a child as they grow older.

Contact a determined child custody lawyer serving central Tennessee

Divorced parents rely on the Law Offices of Adrian H. Altshuler & Associates to protect their child custody rights. For service throughout central Tennessee, call today at 615-977-9370 or use our convenient online form to schedule your free initial consultation.

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