What Does a Child Custody Attorney Do?
A Knoxville child custody attorney is an experienced lawyer who assists parents and their families in legal proceedings related to parenting time, legal decision making, and visitation. Attorneys help their clients understand the laws in their state, assist them with gathering evidence, and present those facts and arguments to a judge, increasing the chances of a favorable outcome in custody and visitation cases. They also help their clients comply with legal requirements and deadlines. A family court judge will only award a parent with custody if they believe it is in the children’s best interests to do so.
Depending on the circumstances, courts will typically award a father or mother primary physical and legal custody, shared custody, or joint custody. Parents in Tennessee may be able to reach a custody agreement on their own through mediation or collaborative divorce, but they must submit a proposed parenting plan and a verified statement of income in order for the court to grant custody. If both parties cannot reach an agreement, then the case will be decided by a judge at a trial.
If one party is considered unfit by the court, they will likely be denied child custody rights or will only be awarded supervised visits with their child. This is based on a variety of factors, including but not limited to, substance abuse, domestic violence, sexual abuse, neglect, and mental health issues. While it is rare for a former abuser to be awarded child custody, an abusive parent can be rehabilitated through regimented treatment and counseling with a mental health professional.
Should I Get Custody of My Stepchildren?
Tennessee law states that the courts will try to “maximize the participation of both parents in the life of the child,” but this does not necessarily mean equal time. An hour cheering on a child at their baseball game is far more valuable than spending that same hour in the same room with them playing video games.
Whether the child is with the mother or the father, both parents are required to attend parenting classes, participate in mediation, and provide each other with cell phone numbers and a reasonable itinerary if the children will be leaving the state. In very few, limited circumstances can a parent be refused parenting time or visitation rights if they fail to pay child support, but this is usually only done in the most serious of situations.
If you are in the process of a divorce or need to modify an existing custody arrangement, then it is important that you hire a Knoxville Tennessee Child Custody Attorney who is familiar with state child custody law. Use FindLaw’s searchable directory to connect with a local family lawyer who can represent you in your case. All lawyers in our network have been independently Verified by Lead Counsel as meeting stringent qualifications and are in good standing with their bar associations. Our attorneys are ready to fight for your right to be a part of your child’s life.