Child custody disputes can be highly stressful and emotional for the parents and children involved. After a separation or divorce, courts will have to enter orders regarding child custody and child support issues. Legal custody, along with physical custody and parenting time, must be decided despite potential disagreements between the parents involved. Legal child custody in Knoxville grants parents the right to make important child-rearing decisions as their children grow.
If you are going through a divorce or separation and share children with your former partner, you need skilled legal advice from a seasoned child custody lawyer. To learn more about your legal options, reach out to our team at Cole, Guindi & Pienkowski today.
What Is Legal Custody?
For parents new to the child custody process, it is important to know that custody takes two forms: legal custody and physical custody. Courts view the two types of custody independently, based on several best interest factors. For example, parents could share joint legal custody while one parent has sole physical custody.
Legal custody refers to parents’ rights to make key decisions about their children’s upbringing. Factors determined through legal custody include major life decisions, such as:
- Where the child goes to school
- A child’s extracurricular activities
- If and where the child will attend church or religious services
- A child’s medical care, including emergency treatment, vaccinations, and other essential aspects of healthcare.
A parent in Knoxville with sole legal custody will have the ultimate say in these matters for their child. On the other hand, parents sharing joint legal custody must consult with each other before making final decisions on school, healthcare, religion, and other critical matters.
How the Court Decides on Legal Custody Issues
Child custody decisions are determined under Tennessee Code § 36-6-106, which includes a list of best interest factors for the Court to consider. When ruling on legal custody, courts will review important factors, including:
- Each parent’s ability to provide a healthy home environment
- Each parent’s mental and physical health
- Each parent’s ability to perform parenting responsibilities on a day-to-day basis
- Whether each parent can communicate with the other parent and encourage a positive relationship between the child and the other parent
- The strength and nature of a child’s relationship with each parent
- Any history of domestic violence or substance abuse by either parent
- The emotional and developmental needs of the child
- The child’s preference, if they are of sufficient age and maturity to share a preference
To decide on these and other best interest factors, judges can only use the facts available to them, and may conduct hearings so each parent can present evidence and make their strongest case. In many cases, parents will reach a custody agreement outside of court, allowing them to avoid a contested hearing and leaving decisions up to a judge.
Whether you will need a court hearing or plan to form an agreement with the other parent, doing so without legal help can lead to negative long-term consequences and unexpected issues down the road. A lawyer can help you understand your legal rights while also collecting the evidence that supports your case for legal custody in Knoxville.
Call our Knoxville Attorneys to Discuss Legal Child Custody
By understanding how legal child custody in Knoxville is decided in the court system, you and your lawyer can approach your case in a way that best meets your child’s needs and development. Co-parenting with a former spouse or partner is never easy, but dependable legal guidance can help you move forward.
At Cole, Guindi & Pienkowski, we will evaluate your circumstances, review your legal options, and build your case strategy. Contact our legal team today to learn more about your next steps.