Child Custody

Uncertainty surrounding child custody is a significant concern for many divorcing parents. You may be asking yourself, “What will happen to the children?”, “Will we share custody?”, “What are the rules for visitation?”, “What about child support?”. These questions are perhaps the most consequential in any divorce proceeding involving children. While determining custody arrangements for the children after legal separation or divorce is one of the most difficult decisions a couple has to make, our experienced divorce attorney are here to ensure that your custody agreement is designed with the best interest of your child in mind. At MHPS, we have experience in Nashville, Franklin, and throughout Middle Tennessee to answer these questions for you, before, during, and after a permanent parenting plan is entered.

In Tennessee, specific factors determine custody and visitation rights, including:

• How the parent has nurtured the child since his/her birth;
• Each parent’s current economic situation and his/her future financial prospects;
• The child’s ability to adjust to his/her school, community, and home;
• Each parent’s ability and willingness to encourage and foster a continuing relationship between the child and the other parent;
• The behavior and personality of each parent and;
• The preference of the child, if the child is at least 12 years old.

With the best interests of the child in mind, noncustodial parents in Tennessee have certain rights when it comes to their children. Rights for noncustodial parents include:

• Notification of important information as soon as possible, but within 24 hours of the medical emergency;
• The right to access records and correspondence from their child’s school;
• The right to receive medical records;
• The right to unimpeded telephone calls at least twice a week;
• The right to be free of any derogatory remarks about family members in the presence of their child;
• 48 hours notice of any extra-curricular activities;
• Access to mail, without the other parent’s interference (i.e. unopened, uncensored);
• The right to receive an itinerary when the other parent leaves the state with their child for more than two days; and
• The right of access to and participation in their child’s education and related activities.

If the parents are currently married and wish to be divorced, child custody must be decided as part and parcel of the divorce. If two parents have never been married, then the parent seeking to establish a residential schedule will have to file a Petition for a Permanent Parenting Plan. Each parent will be required to attend a parenting class, whether the parents are divorcing or simply establishing a parenting plan. If the parents reach an agreement on a Parenting Plan, the courts will review the parenting plan before approval to ensure it is in the child’s best interest. In the event that an agreement cannot be reached, each parent will be required to present proof to the Court as to why their proposed plan is in the best interest of the child, and the Court will make a determination on the proof through a careful balancing of the factors.