Child Custody and Child Support
Divorce forces parents to make difficult decisions regarding the care of their children. In addition to dissolving your marriage, divorcing couples must determine what days the child will be with each parent, decision making, division of holidays, summers, school breaks, health and life insurance, and support issues.
Which parent wins custody should not be the goal where children are involved. Only the child should win. Your child wins if both parents respect and treat each other with civility at all times in matters dealing with exchanging the child, future conflicts, and even financial responsibilities. This is truly an area of the law where I advise my clients to treat their spouse as they wish to be treated. Your child will benefit.
When preparing for a custody trial as part of a divorce or action to change custody following a divorce decree, you need an attorney who is familiar with the individual practices of the courts, knowledgeable of the law, and easily accessible to answer questions throughout the stressful weeks leading up to litigation. While there are standard parenting times that some courts employ, there is wide latitude in tailoring a parenting schedule that suits your child’s age, extracurricular activities, and lifestyle. Parents work schedules, proximity to each other’s residences, and other persons who may be living in the new home of a parent are also examined.
Some factors the courts consider in determining a child’s primary residential custodian are:
- The age and day-to-day needs of the child
- Who has acted as the child’s primary caretaker in the past
- Lifestyle habits of either parent that would make that parent unsuitable
- Whether a parent is likely to foster a good relationship between the child and the other parent
- What is in the child’s best interests
At your initial free consultation, I am happy to discuss the details of your case in relation to the factors used by the courts to render decisions. I present you with sample parenting plan forms as you begin to develop a proposal you consider to be in your child’s best interests. I go through mediation and settlement negotiation. If necessary, I go through trial preparation and the steps of your case with you. I advise you on proof issues, likely outcomes, and any other concerns you may have.
Paternity
When the parents of a child are not married to each other, custody and child support are determined through a paternity action filed in juvenile court. The court usually orders DNA tests to prove paternity. The parties may then seek to work together through mediation to arrive at a parenting plan for their child or have a hearing and let the judge decide. The name of the child can be changed as part of the paternity order and the father’s name inserted on the child’s birth certificate.
Once paternity is established, a father has the same rights as a mother to seek primary care of his child. Many fathers have equal parenting time. Each parenting schedule depends on the proof presented to the court regarding the parent’s fitness, the child’s best interests, and the feasibility of the plan.
Can non-parents get custody of a child?
In some cases, a relative, grandparent, or even a non-related third party seeks custody of a child in juvenile court if a child is abandoned or neglected and needs a proper guardian. Consultation with an experienced child custody lawyer before filing a petition and going to court is important as there are certain rights parents have superior to non-parents.
Grandparent rights
Grandparents who have had a relationship with their grandchildren have certain rights and may seek to have a court set grandparent visitation. This is an area of the law which changes from time to time. Each case must be examined factually to see if the particular circumstances bring the case within the bounds of the Tennessee law allowing grandparents specific visitation rights. Consulting an attorney is important before you spend money filing a petition. It is always a risk for a litigant to represent him or herself without competent legal representation as certain proof is required and must be included when filing a petition for visitation rights.
Child support payments
While Tennessee’s child support guidelines and calculator to determine payments is fairly straightforward, having a confident, informed attorney by your side ensures your child receives appropriate financial support, proper day care, and medical support. Many parents go through the child support process with the courts or a state agency without understanding how payments are calculated and what factors affect the amount of payment. I help clients understand how child support is determined. I also provide assistance with child support collection matters and the enforcement of court orders through contempt cases.
How can child support be changed?
Child support can be changed by filing a petition with the court to review the factors determining the amount of child support owed. For example, a change in a job, change in day care or health insurance costs, or change in the number of days a parent has a child are all reasons for consulting with a lawyer to see if child support should be modified.
Useful resources
- Tennessee Child Support Services Features
- Tennessee Child Support Payment Summary
- Tennessee Child Support Calculator
- The Human Rights Campaign on custody
- Children’s Rights Council
- US State Department: International Child Abduction information
- ABA Custody Criteria Report on a state-by-state basis
Call on Karen Cain
Contact Karen Cain, Attorney at Law for experienced, efficient, cost-effective representation on all family law issues. Deciding which attorney is right for you should not cost you money. Therefore, all initial consultations are free. I will answer your questions, evaluate your case, and quote you estimated fees. My Nashville office is easily accessible by public transportation and local interstates. Parking is free.
Karen Cain, Attorney at Law serves clients in the metro-Nashville Davidson County area and all middle Tennessee counties.
