Child Custody During Divorce in Tennessee

Child custody may be the most important issue in your Tennessee divorce case. Deciding who has the children and when can be difficult if both sides do not agree to one arrangement. Things can be further complicated if you live far apart from each other or one spouse decides to move to another state or another country. It is important to establish your parental rights early in the divorce process to get the most desirable arrangement given your situation.

Tennessee Child Custody

In Tennessee, child custody determinations are based on the best interests of the child standard. The court will look at many factors in determining what actually is in the best interest of the child. The parent most able to take care of the child will be given custody. While fault grounds for divorce may be established, they are not supposed to be used in deciding child custody issues under Tennessee law.

Some of the factors a court may look at when deciding which parent will have custody of minor children or whether joint custody is appropriate include:

Age of the child or children,
Physical and mental condition and overall health of each of the parents,
Relationship between each parent and the child or children,
Needs of the child or children,
What type of role each parent had in the caring for the child prior to divorce,
Whether the child has a preference if the child is old enough to express an opinion on the matter, and
Any other considerations the court determines to be pertinent to your case.

If the parties agree to an arrangement, the court will generally grant it, and your wishes can be taken into consideration even if you and your spouse do not come to an agreement. Your character may be scrutinized, and witnesses who can attest to your parenting capabilities and practices may be brought to testify. An attorney can assist you with preparing the best possible case to get what you want in a final agreement.

Getting Legal Advice

Child custody issues can be difficult to settle without the help of legal counsel. Contact an experienced Tennessee family law attorney to get help handling your child custody case. An attorney will assist you with getting what you want in your custody arrangement. One of the benefits of having an attorney advocate for you is the reduced emotional tension in your life.

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