Franklin Child Custody Lawyer

When the relationship breaks down and the adults go their separate ways, a decision must be made about the children from the relationship. Who becomes the primary parent and caretaker of the children born in the marriage? How much access can the non-custodial parent have? Who makes decisions about the welfare of the children? These are all questions that must be addressed in a divorce or separation. Our Franklin family law attorneys at Burdine Law Firm can help you create solutions to address these questions.

• At Burdine Law Firm, securing your child’s well-being and protecting your interests as a parent are of the utmost priority.
• Our Franklin child custody attorneys from Franklin know the law and the approaches to child custody matters in Tennessee and will passionately represent you at every stage of your case.
• Our principal, Hannah Burdine, has devoted 15 years of her legal career to domestic, matrimonial, family law, divorce, child custody, and adoption law.

If you are going through a divorce or separation, the Franklin child custody lawyers at Burdine Law Firm can help you. For more information about how Burdine Law Firm can help you, call us today at (629) 529-4615 to schedule a free consultation.

What Are My Paternal Rights?

While parents who are legally married are presumed to have equal rights to custody of their children until a court order says otherwise, the law is not the same for unwed parents. The birth mother is presumed to have custody of the child in these situations. A father might have to take steps to acknowledge paternity if this was not done at the time of the child’s birth, such as by signing the birth certificate or a voluntary acknowledgment of paternity form. Once paternity is established, the father can seek visitation or custody rights through a court order.

Types of Child Custody in Tennessee

Tennessee law recognizes two types of child custody. The first is legal custody, which refers to a parent’s right to make important decisions that affect their child’s life, such as where they go to school, the type of religious upbringing they have, and which types of medical treatment they receive. Physical custody is the second type of custody and is what most people think of when they consider custody. Physical custody refers to which parent has the right to live with the child.

Both types of child custody can be joint or sole. In joint custody situations, the parents share the responsibility. Sole custody means only one parent has that right. One form of custody can be joint, while another is sole, such as having joint legal custody and sole physical custody.

If one parent has sole physical custody, the other generally receives visitation rights. These rights allow the parent to spend certain days and/or nights with the child according to an agreement or order by the court.

How is Child Custody Determined in Franklin, Tennessee?

Parents can agree to share parenting of their children and frequently, the courts will respect their agreements. However, when the parents are unable to agree on a child custody arrangement, the courts may have to decide through a child custody order. The primary concern for the courts in child custody cases is the best interest of the child. The General Custody Provisions in TN Code § 36-6-101 (2021) provide that the court has the widest discretion to order a custody arrangement in the best interest of the child, and unless there is clear and convincing evidence to the contrary, where the parents agree, joint custody is in the best interest of the child. The court may order an investigation to assist it in determining what is in the best interest of the child.

If the matter is contested, the judge considers various factors in determining what is in the child’s best interests, including:

• The child’s relationship with each parent
• The parents’ previous history of caretaking of the child
• Each parent’s ability to provide for the child’s basic needs
• The child’s emotional and developmental needs
• Each parent’s physical, mental, and emotional fitness
• The child’s stated preferences, if mature enough
• The child’s relationship with siblings
• The child’s stability in their current home, school, and community
• Any history of domestic violence
• Each parent’s employment schedule
• The character and behavior of any person the child would be around based on a particular custody plan
• Each parent’s willingness to co-parent

At Burdine Law Firm, our Franklin child custody lawyers have extensive experience handling all types of child custody cases. We can review your circumstances and explain how we can help.

Parent Relocation Matters

If a child custody order is in place, parents must follow special steps to relocate with a child. Custodial parents can move without court approval if the new residence is within 50 miles of the non-custodial parent. However, if the move is further than this or to a different state, they must send written notice to the other parent and the court at least 60 days before the anticipated moving date.

The other parent has the right to object to the move, which causes the case to go before a judge during a relocation hearing. During this hearing, the judge hears evidence of the move and determines if relocation is in the child’s best interests.

How A Divorce Attorney Can Help You With Child Custody Matters

Determining a child custody arrangement can be a complicated process, but you don’t have to do it alone. Working with an experienced Franklin divorce attorney specializing in child custody cases can be helpful as they are knowledgeable about the laws and can help you protect your rights. A skilled Franklin child custody attorney will work with you to help you create a child custody order that is in the best interest of your children and works for your family.

Let Our Franklin Child Custody Lawyers Help You

Whether you are seeking to establish a custody order or modify an existing order, Burdine Law Firm can help you. Our child custody lawyers in Franklin will help you gather the evidence necessary to meet your burden of proof with the courts. Call the Franklin child custody lawyers today at (629) 529-4615 to schedule a consultation.