After a separation or divorce with children involved, courts must enter orders on legal and physical child custody. Often, parents will disagree on how physical custody should be determined, requiring court intervention. Physical child custody in Knoxville determines how a child spends their time with each parent, and how many overnights each parent shares with the child.
If you are at any stage in the child custody process, an experienced child custody lawyer from our firm can provide skilled legal advice to help you make informed decisions. Schedule a consultation with Cole, Guindi & Pienkowski today.
What Is Physical Child Custody?
Physical custody involves how a child spends time with each parent. Sometimes referred to as parenting time, visitation, or overnights, physical custody refers to where a child stays and how often. Physical custody is determined separately from legal custody, meaning a parent could have joint legal custody while having sole physical custody. Legal custody refers to decision-making authority each parent has, while physical child custody involves the day-to-day location of each child.
Under state law, involved parties must create and submit a Proposed Parenting Plan to the court. The proposed schedule will describe how you, as the parent, envision your child spending their time during the year. Parenting plans will also address holidays, birthdays, vacations, and other key dates during the course of the year. The goal of this process is to help parents reach agreements on physical custody for the benefit of their children. If parents cannot agree, the judge can make determinations after hearing from the parents and their child custody attorneys.
How the Court Decides on Physical Child Custody
Child custody decisions in Tennessee are made following Tennessee Code § 36-6-106. This statute lists a child’s best interest factors the Court must consider before ruling on physical custody. These factors include but are not limited to:
- Each parent’s ability to provide a stable and healthy home environment
- The mental and physical health of each parent
- Each parent’s ability to perform day-to-day parenting tasks
- Whether each parent can encourage a positive relationship between the child and the other parent
- The abilities of each parent to communicate effectively with each other
- The child’s relationship with each parent
- Any history of domestic violence, substance abuse, or other criminal conduct by either parent
- The emotional and developmental needs of the child
- The child’s preference, if they are of sufficient age (generally age 12) to express a logical preference
To review these and other factors, judges may conduct hearings in which each parent will present evidence supporting their argument for physical child custody. Many times, parents will reach agreements through mediation that can prevent a contested hearing in which decisions are left to a judge.
Whether your custody case is disputed or you hope to reach agreements with the other parent, doing so without dependable legal advice can lead to unexpected problems in the future. A knowledgeable physical child custody lawyer in Knoxville can make sure you understand your legal rights every step of the way as your case moves forward.
Call our Knoxville Child Custody Attorneys to Discuss Physical Custody
Understanding how physical child custody in Knoxville is decided under state law can allow you and your attorney to gather evidence and build the strongest case possible. Co-parenting with an ex is a challenging process, but your custody lawyer can work to ensure you are well positioned for success in the future.
Contact our team at Cole, Guindi & Pienkowski today to learn more and schedule your initial case evaluation.