Child Custody Lawyer Knoxville
Most people think of child custody as the physical custody of your child, but it actually involves much more than that. It’s the control of all the duties, responsibilities, privileges, and rights with respect to child rearing. Child custody comes up in many different scenarios including divorce, guardianship, paternity, juvenile delinquency, etc. In order to determine who has custody and control, it is most often left to the Court to decide. Their decision is driven by a standard of “best interests of the child”.
Best Interests and Custody
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In any child custody case the Courts will always base their decision on what is best for the child. In order to understand what is best the Court will consider any and all pertinent facts and circumstances surrounding the parents or proposed guardians. Key to this is the ability of the child’s caretaker to meet the mental, temporal, and emotional needs of the child. Custody is not typically granted solely to one individual, especially in a divorce.
Joint custody is the preferred outcome in most jurisdictions because the Court assumes the father and the mother each have important and distinct abilities to meet the child’s needs. But this can obviously be affected by circumstances such as abuse.
Courts and Child Custody
If you are a divorcing parent, child custody will be at the top of the agenda in the divorce proceedings. However, even in the most bitter divorces, parents often wish to achieve an amicable custody agreement that best serves the child. The Courts can use several methods to determine custody:
- If both parents agree on a custody plan the Courts will often accept it. Before doing so they will ensure it serves the best interests of the child.
- If the divorce proceedings are hostile, the Courts may rely on mediation to settle the custody issue. Mediation is generally more peaceful and productive than typical Court hearings, which is why Courts often refer a contentious custody dispute to mediation.
Getting Help
Are you involved in a custody dispute in East Tennessee? Are you worried your parental rights won’t be protected? In a child custody case it is essential to work with an experienced and qualified law firm. If you have questions about your case, call us today for a free consultation with a child custody lawyer in Knoxville. We’re here to help!
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