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In Tennessee, child custody is divided into physical custody and legal custody, and these determinations are always based on the best interests of the children. If you are facing a divorce involving shared children, need a post-decree child custody modification, or have a child custody case outside of marriage and divorce, the most important step you can take is to consult with an experienced Cannon County, Tennessee, child custody attorney early in the process.
Your Children’s Best Interests
The State of Tennessee begins with the presumption that it’s in the best interest of all children to spend a significant amount of time with each of their parents and for both parents to remain actively involved in making primary decisions on behalf of their children. Only if there is a significant reason for ruling otherwise will Tennessee courts hand down orders that are contrary to this presumption.
Some of the best-interest factors that Tennessee courts turn to in child custody cases include the following:
- Each parent’s demonstrated ability to meet the children’s basic needs, including any special needs
- The level of continuity and stability each parent offers the children
- The degree to which each parent has established a secure and healthy parental attachment with the children
- The level of involvement each parent has had in the children’s lives to date
- The suitability of each parent’s home in relation to the children’s needs
- Each parent’s overall mental fitness
Legal Custody
Legal custody – or final decision-making authority – determines how you and your children’s other parent will make important parenting decisions on topics such as the following:
- The medical care your children receive
- Where your children attend school or daycare
- The religious upbringing your children receive
- The extracurricular activities and travel your children participate in
Ideally, you and your ex will continue making these decisions together on behalf of your children’s best interests. One of you may, however, have final tie-breaking authority. Finally, you also have the option of dividing these decisions between you according to topic.
Physical Custody
Physical custody in Tennessee refers to the parenting plan, which is also sometimes called the residential plan. This plan sets the parenting schedule, which determines when your children will be with you and when they’ll be with their other parent.
Your parenting plan may identify one of you as the primary residential parent (PRP), which means the children will spend more of their time with this parent than the other. When this is the case, the other parent becomes the alternative residential parent (ARP). Alternatively, you and your ex may divide your parenting time more evenly.
You Need the Skilled Legal Guidance of a Cannon County Child Custody Attorney on Your Side
If you’re facing a child custody concern, Joshua Crain at The Law Offices of Joshua T. Crain – proudly serving Cannon County, Tennessee, for nearly two decades – is a seasoned child custody attorney who dedicates his imposing practice to fiercely advocating for the parental rights of valued clients like you. We’re on your side and welcome the opportunity to help, so please don’t hesitate to contact us online or call 615-903-4998 for more information today.