Knoxville, Tennessee, Child Custody Lawyers
As a parent experiencing a divorce, the care of your child or children is one of the most important decisions to make. The Law Offices of Thomas M. Parker and Stanley F. LaDuke will work closely with you during this process. We encourage parents to do what is best for the children. We also encourage you to focus on the importance of parenting time for both parents.
To schedule your consultation to discuss child custody arrangements and a visitation calendar, call us at (865) 694-4685 or toll free at (888) 329-7912. You may also contact us online, and someone from our office will be in touch with you promptly. We offer a low $50.00 consultation fee for family law matters
Read about family law.
Custodial Parent and Non-Custodial Parent
Historically, the custodial parent refers to the parent who has primary physical custody. The non-custodial parent refers to the parent who the children do not live with, but who they see during visitation time. Physical custody is where the children actually live. Under Tennessee law, the statute and regulations define the parent that has the children more than fifty percent (50%) of the time as the Primary Residential Parent, and the parent who has the children less than fifty percent (50%) of the time as the Alternative Residential Parent. The terms custodial and non-custodial are no longer used under the Tennessee law. Instead of visitation, time spent by both parents with the children is generally referred to as Co-Parenting time. The parties can have joint Co-Parenting responsibilities regarding the children's medical, educational, legal and child-rearing decisions. Our attorneys can answer any questions you have regarding the different types of Co-Parenting issues.
Co-Parenting issues can also affect child support determinations. Our firm handles all matters involving divorce and how these issues impact your children.
Can child custody arrangements change?
Child custody and visitation (Co-Parenting) schedules can be modified. Requests for modifications arise when there has been a substantial and material change in circumstances. A parent may want to relocate to another part of the state, country or overseas. Or, a child may express a desire to live with a different parent upon reaching his or her teen years. Each situation is different and depends upon the facts in that case. Sometimes these issues can be resolved in mediation.
Mothers' Rights and Fathers' Rights
Is there any legal difference between mothers' rights and fathers' rights in Tennessee child custody cases? Since the abolition of the 'Tender Years Doctrine' the court is required to treat both parents equally and only consider the children's best interest in determining Co-Parenting schedules.
Child Custody Jurisdiction Issues
What if the children have moved to a different state from the state where the original divorce was obtained, which state has jurisdiction for child custody? The answer to this depends on all of the facts in the case. For example, if either party still lives in the original divorce state, then the original state, rather than the new state where the children now reside would have continuing jurisdiction over the case according to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Tennessee Code Annotated Section 36-6-201, et seq. However, the original divorce state court could relinquish the case to the new state court if they thought it was appropriate.
A very good discussion of this area of law is contained in the Tennessee Court of Appeals opinion in the case of Jessica Kelso vs. David Decker, 262 S.W.3d 307 (Tenn. Ct. App. 2007), a case where we successfully represented an out-of-state father in child custody jurisdiction case. This opinion can be viewed at http://www.tsc.state.tn.us/OPINIONS/tca/PDF/081/kelsoOPN.pdf.
The Law Offices of Thomas M. Parker and Stanley F. LaDuke looks forward to helping with your child custody questions. Contact us to arrange a consultation.
