Ft Campbell Child Custody Attorney: Protecting Your Parental Rights

Legal Help for Child Custody Disputes in Ft. Campbell

Determining child custody is among the most critical and emotionally charged issues for parents in a divorce or separation. The threat of losing custody of your children is heart-wrenching and terrifying. Child custody battles are very challenging for the children, who face the loss of support and care of a parent they love. If you are facing any dispute over child custody, our experienced family law attorney at the Law Office of Hibbeler & Associates can take action to protect your parental rights.

How Is Child Custody Determined in Tennessee?

In Tennessee, child custody decisions are determined based strictly on what the court believes to be in the child’s best interests. When the two parents cannot agree on child custody, the court will intervene. Several issues will be evaluated, including:

Which parent has been the primary caregiver for the child
Each parent’s ability to provide financial stability and support the child’s individual needs
The ability of each parent to foster a healthy relationship between the child and the other parent
For children aged 12 or more, a child’s preferences may be considered among the factors evaluated by the court.

Child custody cases can be very complex when there is significant disagreement and conflicting stories from the parents.

Types of Child Custody Agreements in Ft Campbell

Child custody involves two issues: legal custody and physical custody.

Legal Custody

Legal custody is a parent’s decision-making authority in critical matters in a child’s life, such as education, healthcare, and religion. The court may grant either sole or joint legal custody. The decision-making responsibilities can be legally shared by the two parents.

Physical Custody

Physical custody is the decision regarding where a child lives and the time they spend with each parent. The decision by the court may grant one parent sole physical custody when one parent acts as the primary caregiver or joint physical custody, where time is divided between the parents. Joint custody schedules vary and may include arrangements like alternating weeks or more complicated schedules appropriate for service members.

Sole Custody

In sole custody, one parent is primarily responsible for the child, either for critical decision-making (legal custody) or for the child’s physical care. The other parent may be given visitation rights or granted some decision-making power in the child’s life. Sole custody is typically awarded when the court believes one parent can offer the child a safer, more stable home environment.

Joint Custody

Joint custody involves custody agreements in which both parents have custody. These agreements don’t necessarily involve a 50/50 time split but grant both parents the responsibility of raising the child. Joint custody allows both parents to be involved in the major decisions in a child’s life.

Does Tennessee Law Favor Sole or Joint Custody?

Tennessee courts have no preference for sole or joint custody. They base child custody decisions strictly on what they believe is in the child’s well-being. The court will consider the unique dynamics of each family when a child custody matter is resolved in court. If you are concerned about protecting your parental rights, our Ft. Campbell child custody attorneys are here to help.

Does Child Custody Affect Child Support?

Child custody and the payment amount ordered to pay for child support are linked. The noncustodial parent typically pays child support to the custodial parent to support the child. In joint custody agreements, the child support will reflect each parent’s finances and the time the child spends with each parent. If the noncustodial parent has visitation rights, they may still be required to pay child support. Our family law attorneys can help you with all child custody matters, including child support issues.

Child Custody Order Modifications in Ft. Campbell

When circumstances change, the finances of one parent may be significantly different, or children may have new needs. If you need to modify an existing custody order, our child custody lawyer can assist you in resolving this critical issue. The court must see a “material change in circumstances” supported by evidence. Material changes in circumstances may include a child getting older and wishing to move in with the other parent, changes in a parent’s living or working situation that impacts parenting, a failure to adhere to the parenting plan, or any other change affecting the child’s best interests.

What is the Child Custody Modification Process?

Modifying an existing child custody order has several basic steps, as follows:

File a Motion: Our child custody lawyer in Ft Campbell will file a motion to request the modification and ensure the other parent is legally notified of the request.
Show Cause: It is necessary to provide a compelling reason as to why a child custody order modification will be in the child’s best interests.
A Hearing: A judge will evaluate the reasons for the request for a child custody modification to come to a decision about changing the existing child custody order. The judge must see what is termed a “material change” in the circumstances of a parent or the child.

When Can a Child Custody Order Be Modified?

An existing child custody order may need to be modified due to changes in the circumstances of a parent or a child. Some of the reasons a court may accept as valid for modifying a child custody order can include the following:

A parent is planning to relocate to a new city, state, or country.
A child has new healthcare needs.
A child has new educational needs.
A parent now has a higher or lower-paying job.
The parent with custody has violated the court-ordered visitation schedule.
An older child may now want to live with the other parent.
A parent has been arrested, incarcerated, or engaged in criminal activities that could endanger the child.
There is clear evidence of child neglect or abuse.
A parent has a mental or debilitating illness, suffers from alcohol or drug addiction, or another issue that could endanger the health of a child.

Free Consultations for Child Custody Cases in Ft. Campbell

At the Law Office of Hibbeler & Associates, we understand that you need the support of a lawyer you can trust to go the distance for you in a child custody matter. We offer a free consultation so you can get to know us and feel comfortable and confident that we can fight for your parental rights in this critical matter. Call us today at 931-236-2711 to schedule a free initial consultation.

Child Custody FAQ

How can I get sole custody of a child?

It is possible to be awarded full (sole) custody when the court believes it is in the best interests of the child. Full custody may be granted when it is clear that one parent offers a far more stable environment or if the other parent has issues that pose a risk to the health and well-being of the child. Generally, the involvement of both parents in the child’s life is considered the best approach.

What is the difference between physical and legal custody?

Physical custody refers to where the child lives, and the time spent with each parent. Legal custody is the decision-making authority for the child’s education, healthcare, extracurricular activities, or religion. Physical and legal custody can be granted to one parent or shared between the parents.

Does the Tennessee juvenile court tend to favor mothers over fathers?

In Tennessee, the courts do not favor the mother over the father, as occurred in earlier times. Each parent is evaluated thoroughly regarding the lifestyle and support they offer a child. The court focuses on what is believed to be in the child’s best interests.

Does joint custody mean a 50/50 time split?

Not necessarily. Joint custody means both parents share in the custody of the child, but it does not always result in an equal division of time. Parenting schedules are customized to fit the child’s needs and each parent’s circumstances and can vary significantly from case to case.

What happens if my ex-spouse violates the child custody order?

If an ex-spouse fails to adhere to a court-ordered custody agreement, our child custody lawyer can initiate an enforcement action. The parent violating the agreement may face loss of custody due to their action or other penalties in more serious cases.

What is child alienation, and how does it affect child custody?

When one parent acts in a manner that causes a child to have a negative view of the other parent, it can affect child custody. It is essentially the emotional manipulation of a child, intending to turn the child against the other parent. When evidence exists that this is occurring, the court does not view these actions favorably, and when proven, these actions impact how the court determines child custody.

Do I need a lawyer for a child custody case?

While there is no legal requirement to be represented by a child custody lawyer, the assistance of a talented family law attorney can lead to a more favorable outcome. A lawyer familiar with what the court needs to see and hear concerning evidence in a child custody case, who crafts a persuasive and well-supported case, is more likely to achieve a favorable outcome in court.