When parents with children divorce, child custody becomes a difficult and emotional part of the legal process. Where a child will live, how much time they will spend with each parent, how parents will divide responsibilities, and how each will remain involved in the child’s life are questions at the heart of any custody decision. Custody arrangements in Tennessee can differ depending on the family’s circumstances.
The various types of custody in Knoxville establish a legal structure that Courts use to organize these plans with the best interests of the child in mind. Working with our experienced child custody attorneys can help you understand different custody types, the factors involved, and how to pursue the type of custody you feel is best for you and your child. Contact our team at Cole, Guindi & Pienkowski today to schedule your consultation and learn more.
Legal Custody: How the Court Assigns Decision-Making Responsibilities
Tennessee law recognizes two main types of custody: legal custody and physical custody. Legal custody involves the rights of each parent to make important decisions on a child’s education, religion, health care, and other issues essential to their upbringing. The Court may award sole or joint legal custody depending on the circumstances and what supports the child’s best interests.
When a parent has sole legal custody, they have full authority to make decisions impacting the child’s life without input from the other parent. With joint legal custody, both parents share these responsibilities and must communicate and cooperate with each other. Our Knoxville attorneys can further explain how to determine the best type of custody for your situation during an initial consultation.
Physical Custody: Where the Child Lives and Spends Time
Physical custody orders direct where the children live and how much time (overnights) they spend with each parent. Physical custody will not necessarily be the same as legal custody in Knoxville, and takes different forms.
Joint Physical Custody
Joint physical custody allows a child to spend substantial and roughly equal time with both parents. Courts prefer joint physical custody when it is possible and serves the best interests of the child. Joint custody often promotes healthier bonds between a child and both parents.
Sole Physical Custody
Sole physical custody means the child primarily resides with one parent while the other parent has visitation at designated times.
Physical custody and parenting schedules will consider the relationships between both parents and the child, their abilities to provide a safe and stable environment, along with factors such as school and work schedules.
How the Court Determines the Proper Custody Arrangements
Child custody is determined under Tennessee Code § 36-6-106, which sets out a list of best interest factors for judges to consider. When ruling on legal custody and physical custody, courts will examine factors such as:
- Each parent’s ability to provide a safe and stable home environment
- Each parent’s mental and physical health
- Each parent’s past and potential ability to perform parenting responsibilities
- Whether each parent can 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 developmental and emotional needs of the child
- The child’s preference, if they have the age and maturity to express a preference
Our skilled Knoxville child custody attorneys can collect evidence to support you on all factors a judge considers before decisions are made on legal and physical custody.
Contact our Knoxville Attorneys to Discuss Types of Child Custody
By understanding the different types of custody in Knoxville, you can plan an approach to your case that best meets the needs of you and your child. Co-parenting with a former spouse or partner requires careful planning and patience, and an attorney can help guide you forward.
At Cole, Guindi & Pienkowski, we will work with you to evaluate your circumstances, discuss your legal options, and build a strategy geared toward your child’s needs. Contact our legal team today to talk about your next steps.