We at Zanger Law Firm know that child custody cases are heart-wrenching for all who are involved. Child custody laws are typically made based on the best interests of the child and other determining factors. Our experienced Law Firm will be able to fight for your rights and your child’s legal rights during this emotionally challenging time. When you are going through a family legal battle, you need a legal team that is honest, compassionate, and has enough experience to represent you and your family.
Need a compassionate Child Custody Attorney on your side? Reach out to our team at 615-672-0511 to get the legal help your family deserves.
Understanding the Importance of Child Custody Mediation
Child custody mediation is a voluntary process where both parents work with a neutral third party to resolve custody issues without going to court. This process can help reduce conflict, minimize stress on the child, and allow both parents to have a voice in creating a parenting plan that works for everyone involved.
Mediation promotes cooperation and focuses on the best interests of the child while avoiding the emotional toll and high costs that can come with a drawn-out court battle. It’s also often a faster and more flexible option than litigation, and agreements reached during mediation can still be made legally binding.
While mediation isn’t suitable for every situation—especially those involving abuse or power imbalances—it is often a valuable first step. A trusted Child Custody Attorney can help you understand your options and guide you through the process.
Helping to Establish Parenting Plans After Divorce
Parenting Plans are legal agreements between parents on how they will share responsibilities after they are divorced. Parents can create a parenting plan outside of the courts, or if they can’t compromise, they can ask the court to design their parenting plans. Your family attorney can also help you with these plans by helping you outline the plan and providing support for your plan.
Parenting plans mainly focus on:
- Time-sharing
- Locations
- Decision Making
- Communication
Committing to creating a plan that is considerate of the child’s wishes and with the help of your family law attorney is the best way to provide an amicable solution. Parenting plans can often be modified later on, but they should always be made with the child’s best interests at heart.
Why Custody Decisions Impact a Child's Emotional Well-being
Child custody decisions go far beyond living arrangements—they can significantly affect a child’s emotional and psychological health. Stability, consistency, and the presence of nurturing relationships all contribute to a child’s sense of security during and after a family separation.
When custody arrangements are made with the child’s best interests at heart, it helps reduce stress and anxiety, especially in high-conflict situations. Children tend to adjust better when they maintain strong, healthy relationships with both parents and feel heard throughout the process.
Disruptions in routine, exposure to ongoing conflict, or uncertainty about the future can lead to emotional strain. That’s why it’s crucial to pursue custody outcomes that support the child’s overall development and emotional balance.
Factors That Influence Child Custody Decisions in Tennessee
In Tennessee, child custody decisions are made with the child’s best interests as the top priority. Courts evaluate a range of factors to determine the most suitable custody arrangement for the child’s well-being and stability.
Some of the primary considerations include:
- The emotional ties between the child and each parent
- Each parent’s ability to provide for the child’s basic needs, including food, shelter, education, and medical care
- The mental and physical health of each parent
- The child’s preference, depending on their age and maturity
- The willingness of each parent to encourage a relationship with the other parent
- Any history of abuse or neglect
- Each parent’s work schedule and stability at home
Tennessee courts typically prefer arrangements that allow both parents to play a meaningful role in the child’s life. However, the exact outcome varies from case to case depending on each family’s circumstances.
Types of Child Custody Arrangements
Parents always want to provide their children with a healthy, loving relationship. Still, when going through legal battles and divorce, you may be concerned with the custody agreement, which allows you to have a say and be present in their lives. In Tennessee, there are a few different custody agreements. We understand that all parties act in what they believe to be the child's best interests, and this contention is why we recommend you call an experienced family attorney before you go into these proceedings so we can help guide you to the best possible outcome for your family.
Primary Custody
Primary Physical custody is typically given to one parent, and the other parent is named secondary physical custody. Physical custody gives the primary parent the obligation to take care of the child’s daily needs. Determining factors can vary, but the most heavily weighted ones are who has been the primary caregiver to the child. It’s less common for parents to be awarded equal 50/50 physical custody because it doesn’t allow the child to establish a home base.
Joint Custody
With joint legal custody, however, parents must share in the decisions that they make regarding their child. They have equal rights to their records, and the ultimate goal is to ensure that the parent awarded secondary physical custody cannot be cut out of the decisions involving major issues for the children.
Legal Custody
Legal Custody gives a parent the right to make important decisions for the child and, ultimately, the control over how they are raised. A parent with legal custody has the right to make decisions about medical care, education, and religion.
Legal Custody vs. Physical Custody
When navigating a child custody case, it’s important to understand the distinction between legal custody and physical custody, as each carries different rights and responsibilities.
Legal custody refers to the authority to make major decisions in a child’s life, including those related to education, healthcare, religious upbringing, and overall welfare. In many cases, courts award joint legal custody, meaning both parents share these decision-making responsibilities.
Physical custody, on the other hand, determines where the child will live on a day-to-day basis. One parent may have primary physical custody while the other receives scheduled parenting time or visitation. In some cases, parents may be granted joint physical custody, but this typically requires a high level of cooperation and proximity between households.
Understanding these distinctions is crucial when creating or reviewing a parenting plan, as the court’s goal is always to ensure the child’s best interests are met.
What A Court Looks For When Determining Child Custody Arrangements
During a divorce, deciding and implementing a parenting plan can be difficult for parents. If they are unable to come up with a plan that both parties agree to, then it goes to the courts. Starting and ending with the phrase “best interests of the child,” the courts will determine the best parenting plan that can be achieved to allow the child to thrive.
To understand each state’s laws on custody, it’s best to consult with a family law attorney with a record of success in custody and visitation rights.
Some of the factors that judges weigh on in these cases are:
- Child’s preference, age, and gender
- Any medical needs
- Parent’s overall health
- Which parent was the primary caregiver
- Each parent’s lifestyle, stability, and financial situations
- Evidence of physical or emotional abuse
How A Family Law Attorney Can Help Your Case
Having to go through a legal battle for the right to be with your children can be overwhelming, but having an experienced custody family attorney on your side can make all the difference in reaching the outcome that you want. If the parents can sit down and detail out their parenting plan and all the custody details, then it’s very likely an attorney doesn’t need to be involved. But more often than not, in these charged and emotional cases, it’s best to have your own legal representation.
When should you hire an attorney?
- If the other parent has a lawyer
- If the other parent has plans to move
- Any instance of abuse
- If you disagree with the outcome of your custody evaluation
Contact The Zanger Law Firm Today
Family is everything, and when there is a legal issue involving your family, you cannot afford to have anything other than the most experienced and successful legal representation. You need a lawyer who has been practicing for decades and can bring their expertise to your family matter. You need the Zanger Law Firm. At Zanger Law Firm, we provide you and your loved ones with comprehensive family law services and empathetic legal counsel. We are here when you need us most.
Frequently Asked Questions
What is the new child custody law in Tennessee?
As of July 1, 2024, Tennessee presumes joint legal custody and equal parenting time are in a child’s best interest—unless an order of protection is involved.
How do I get full custody of my child in Tennessee?
You must prove that full custody serves the child’s best interest, often due to issues like neglect, abuse, or instability by the other parent.
Is TN a 50/50 state for child custody?
Tennessee now favors equal parenting time, but 50/50 custody isn't guaranteed and depends on each case’s specific facts.
How can a mother lose custody in Tennessee?
A mother may lose custody due to abuse, neglect, substance abuse, or if the court finds she cannot provide a stable environment.
