Navigating Child Custody
Whether it be divorce, separation, or any situation that involves children, it can quickly become sticky. That’s why it’s so important to know how to navigate the situation beforehand.
Child custody is a tier that falls within the area of family law. It encompasses things like full or joint custody and even grandparents’ visitation rights while considering the child(ren)’s wishes. So how does this work in Tennessee?
Most states have similar, if not the same, child custody laws. In Tennessee, the family court has the ability to award “care, custody, and control” of children to either or both parents. The decisions made in court are based on the best interest of the child(ren). For example, if one parent willfully abandoned their child for at least 18 months, their involvement and visitation will be limited.
Various factors contribute to the decision made by the courts. These are the factors in the state of Tennessee.
- Child’s wishes provided they are mature enough to make the decision (12 or older)
- Change in stability regarding their current home, school, and community
- The child’s ability to adjust to their school, community, and home
- Parental capability to provide for the child’s needs
- Parenting skills and willingness to encourage or support a relationship with the other parent
- History of domestic violence, child abuse, negligence, or substance abuse
- Mental or physical health of those involved
- Willingness to comply with new agreements
- Who can testify what’s best for the child(ren)
This is a difficult aspect of child custody. If one parent plans to move more than 100 miles away from the other, they must give proper notice to the other parent. The notice needs to include the intention to move, address of the new location, and reason for relocation. The notice should also include a statement that the other parent may object to the move within 30 days.
Child custody is a difficult law area to navigate, considering everyone wants what’s best for the child. It would be best to work with an attorney during this process to ensure your wishes are portrayed correctly. At Slaughter Law Firm, we specialize in various types of law, including family matters. To learn more about how our lawyer can help with your custody battle, visit us online here today!