Navigating the Complexities of International Child Custody Disputes

What is Child Custody According to Tennessee Law?

In Tennessee, child custody is divided into two categories: sole custody and joint physical custody. Sole custody means that only one parent has custody of the child, while joint physical custody means that both parents share the rights and responsibilities of their child or children. Physical custody also differs from legal custody; physical custody is where the child lives, while legal custody is the ability to make decisions about the child’s life and overall well-being.

What Factors Do Tennessee Courts Consider in Child Custody Cases?

When determining child custody, Tennessee courts prioritize the best interest of the child. They take into account several factors, such as the child’s emotional and physical needs, the parents’ capacity to prioritize the child’s well-being, the stability of each parent’s household, and any actions or failures that might suggest the current parent-child relationship is unsuitable. In most cases, the court will suggest a parenting plan for both parents to follow.

What Role Does the Child’s Preference Play in Custody Decisions?

In Tennessee, courts may consider the child’s wishes when making custody decisions, especially if the child is 12 years or older. The court will interview the child in a private setting to understand their preferences. However, the child’s preference is not the deciding factor. The court will weigh it against other factors, such as the parent’s ability to meet the child’s needs, the stability of each parent’s home, and the child’s overall well-being.

How Do Tennessee Courts Handle Child Custody Disputes Involving Non-Citizen Parents?

In Tennessee, a parent’s citizenship status does not automatically disqualify them from obtaining custody of their child. The court’s primary concern is always the best interest of the child. However, there are additional considerations when one or both parents are non-citizens.

What if the Non-Citizen Parent Has a Criminal Record?

If a non-citizen parent has a criminal record, it can significantly impact the court’s decision in a child custody case. Tennessee courts prioritize the safety and well-being of the child, and a parent’s criminal history could be seen as a potential risk to the child’s safety. The court will take into account the nature of the crime, the time that has passed since it occurred, and the parent’s conduct since then. Having a criminal record does not automatically prevent a parent from gaining custody, but it is a factor the court will evaluate.

What if the Non-Citizen Parent is Undocumented?

The status of a parent as an undocumented immigrant can add another layer of complexity to child custody cases. However, in Tennessee, being undocumented does not automatically disqualify a parent from obtaining custody of their child. The court’s primary concern is the best interest of the child, and they will consider the parent’s ability to provide a stable and nurturing environment for the child. However, the risk of deportation for an undocumented parent could impact the court’s decision, as it could lead to a sudden disruption in the child’s life.

How Does the Court Handle Cases Where Both Parents are Non-Citizens?

In cases where both parents are non-citizens, the court will still prioritize the child’s best interests. The court will consider the parents’ ability to provide a stable and nurturing environment, the child’s emotional and physical needs, and the stability of each parent’s home. If one or both parents are facing deportation, the court may need to make arrangements for the child’s care. This could involve granting custody to a relative or another adult who can provide a stable environment for the child.

What if the Child is Also a Non-Citizen?

If the child is also a non-citizen, this can add another layer of complexity to the case. The court will need to consider the child’s immigration status and potential outcomes. For instance, if the child is facing deportation along with the non-citizen parent, the court may need to make arrangements for the child’s care in the U.S. Alternatively, if the child is allowed to stay in the U.S., the court will need to consider the living conditions and educational opportunities in the parent’s home country if the child is to move with the deported parent.

What Happens if a Non-Citizen Parent is Deported?

If a non-citizen parent is deported, it can complicate child custody arrangements. The court may grant temporary or permanent custody to the other parent, a relative, or another adult who can provide a stable environment for the child. If the deported parent can provide a suitable living environment in their home country, the court may allow the child to move with them. However, this is a complex issue that requires careful consideration of the child’s best interests.

Can a Non-Citizen Parent Take Their Child Out of the Country?

In Tennessee, a parent cannot take a child out of the country without the other parent’s consent or a court order. If a non-citizen parent wishes to take their child to their home country, they must first obtain permission from the other parent or the court. If the other parent objects, the court will consider the child’s best interests before making a decision.

What if the Non-Citizen Parent is Seeking Asylum?

If a non-citizen parent is seeking asylum in the U.S., this can further complicate child custody proceedings. Asylum seekers are often in a state of legal limbo while their case is being processed, which can take months or even years. During this time, the court will need to consider the potential outcomes of the asylum case when making custody decisions. If the parent is granted asylum, they will be allowed to stay in the U.S., which could influence the custody arrangement. However, if the parent’s asylum request is denied, they may face deportation, which could disrupt the child’s living situation.

How Can an Experienced Attorney Help in Child Custody Disputes Involving Non-Citizen Parents?

Navigating child custody disputes involving non-citizen parents can be complex and emotionally draining. An experienced attorney can provide valuable guidance and support throughout the process. They can help you understand your rights and responsibilities, represent your interests in court, and work towards a resolution that protects your child’s best interests.

If you’re involved in a child custody dispute, call the Law Office of Hibbeler & Associates today at 931-236-2711.