Child Custody Disputes in Tennessee
Clarksville TN Child Custody Lawyers
Negotiating the terms of a divorce in the state of Tennessee can be relatively simple when the couple involved is willing to be fair minded and work together constructively. Some 95% of divorce proceedings are uncontested, so indeed, people who are getting a divorce are generally civil, constructive, and pragmatic when it comes to working out divorce terms. But of course, that 5% still remains.
Of all of the details that need to be addressed when a couple decides to get divorced, child custody is usually the most emotional. As stated previously, a vast majority of couples can reach an agreement on all of the terms of the divorce, including child custody, but when child custody comes into dispute the issue can be very highly charged. The court can decide on child custody matters if necessary, but it would prefer that the parents work out an agreement because no one wants the state to dictate their access to their children. To this end third party mediators are sometimes brought in to help to facilitate a mutually acceptable solution. For all intents and purposes, the entire matter of child custody should be treated as a quest to answer this one simple question: what child custody arrangement would be best for the child or children?
As elucidated in Title 36, Chapter 6 of the Tennessee Code, sole custody can be granted to either natural parent or to some other “suitable person” at the discretion of the court. Joint or shared custody is also allowed for under this section. In order for a decree of custodianship to be modified, the individual who is petitioning the court for such modification must provide proof of a “material change of circumstances.”
When you are considering taking a child custody dispute to court, it is useful to objectively evaluate the facts surrounding the matter, because that is exactly what the judge will do. The factors that are taken into consideration include the emotional bond between the respective parents and the children; which home would provide less disruption in the child’s life; the existence of any abuse; and the perceived overall parenting skills of each respective parent. If the child or children are at least 12 years old, their own preference will be given strong consideration. The court can and will make a decision if necessary, but it is always best to reach a voluntary agreement with your former spouse that puts the best interests of your children above all else.
Child custody disputes can be highly charged and contentious, and they are best handled with the assistance of an experienced Clarksville TN family lawyer.
