Nashville Child Custody Lawyer
Child Custody Attorney In Nashville, TN
Child custody arrangements are likely one of your top priorities when planning for a divorce or separation. Crafting a fair parenting plan in the midst of a divorce or separation may seem daunting. A Nashville child custody lawyer can work on your behalf to ensure the best interests of your child are met and that you have the information you need to make informed decisions.
Hire a Child Custody Lawyer
Child custody cases can quickly become challenging when emotions are high. Losing sight of the best interests of your child could result in custody issues in the courtroom. Our team at Mathis, Bates & Klinghard, PLLC, understands the difficulties of creating a parenting plan. Our family law approach centers around our clients and their need for clear communication and quick response times. We pride ourselves on always being available for our clients.
Nashville Families
Nashville is a diverse city with a strong job market, vibrant downtown music venues and charming small-town residential areas. A multitude of amenities make Music City a great place for all kinds of families. With a population of over 700,000 in 2023, there are more than 310,000 households in the Nashville-Davidson metropolitan area.
Nontraditional families are not uncommon in Nashville, with 43% of women and 40% of men over 15 years of age having never been married and 9% of men and 13% of women divorced. Additionally, 6% of households are male-headed, 16% of households are female-headed and 28% are comprised of non-family members.
Different Types of Child Custody in Tennessee
Child custody laws can be complex, but the main concern is always which custody arrangement is in the best interests of the child. In Nashville, the Fourth Circuit Court, located at the Metro Courthouse, has jurisdiction over child custody cases. Four categories of child custody can be awarded in numerous arrangements. The four categories are:
- Legal custody describes which guardian can make decisions about the child’s upbringing. These decisions include medical, educational and religious decisions.
- Physical custody describes how parenting time is divided.
- Sole custody means one guardian has been appointed to have sole legal or physical custody. In some instances, one parent is granted both sole legal and physical custody.
- Joint custody means both guardians have equal authority. Joint legal custody would mean that both guardians get an equal say in how the child is raised. Joint physical custody means both guardians have equal parenting time.
Unless there are extenuating circumstances, Tennessee family law judges are instructed to assume that it is always in the best interest of the child for parents to have joint legal custody and for physical custody to be shared equally. The only exception is that unmarried mothers are automatically awarded sole physical and legal custody unless the father petitions the courts to establish his parental rights.
Child Custody in Tennessee
Couples who divorce or separate are encouraged to draft a parenting plan that is in the child’s best interests and works around their unique work and family lives. A child custody attorney can help arrange mediation or negotiations to aid in the creation of a parenting plan.
If parents are unable to create a parenting plan, a family law judge can order custody arrangements that they believe are in the best interests of the child. Family court judges consider numerous factors when deciding custody arrangements. These factors include:
- How well either parent can provide a loving and consistent home environment
- The physical ability of each parent to care for the child
- The mental health of each parent and whether it would affect their ability to care for a child
- Whether there is a history of domestic violence or child abuse
- The child’s familial relationships and how likely either parent would be to allow the child to see the other parent’s family
- Both parents’ willingness to foster the child’s relationship with the other parent
- The child’s attachment to home, school or community activities and how they may be disrupted
- The parents’ work schedules and plans for child care
FAQs
How Much Does a Child Custody Lawyer Cost in Tennessee?
The overall cost to hire a child custody lawyer in Tennessee varies based on the individual circumstances of your case. More complex cases or those that require lengthy court interventions cost more. A child custody lawyer may charge an hourly rate or a flat fee for their services. You may also need to pay a retainer fee before work can begin on your case.
What Is the Biggest Mistake in a Custody Battle?
The biggest mistake in a custody battle is losing sight of the best interests of the child. Ultimately, if you and your child’s other parent can’t develop a suitable parenting plan, the family court judge decides which custody arrangement is in the best interests of the child.
Custody decisions are influenced by how parents interact with each other. If the court feels that parental alienation is occurring or one parent acts disrespectfully toward the other, it could influence custody decisions.
Who Pays for Child Custody Court?
The court assumes that both parents pay their own court costs. There are situations in which a judge may order one parent to pay more or all of the court fees. If there is a significant financial disparity or if one parent behaves in a manner that delays proceedings and increases the overall cost, they may be ordered to pay the full costs. A judge may order a combative or uncooperative parent to pay the full fees as a punishment.
What Is the New Law for Child Custody in Tennessee?
The newest child custody law in Tennessee amends the previous child custody law to establish a new presumption on how child custody is determined. The court is instructed to assume that joint legal custody and equal parenting time are in the best interests of the child unless there are extenuating circumstances. Either parent has the right to challenge this standard and bears the burden of proof of a preponderance of the evidence.
Contact Mathis, Bates & Klinghard, PLLC
You have a lot of options when you hire a child custody lawyer in Tennessee. Our team always strives to provide compassionate legal care throughout the child custody process. Contact Mathis, Bates & Klinghard, PLLC, to schedule your initial consultation.
