Nashville Child Custody Lawyer

One of the most emotionally challenging aspects of family law is that of child custody. As a parent, you want to ensure that your child is raised in a safe and loving home. Whether you are going through a divorce in Belle Meade or a paternity case in Brentwood, it is crucial that you have someone in your corner who knows how to fight to protect your parental rights and the best interests of your child. A Nashville child custody lawyer is here to support you. 

Trust the Team at Anne Hamer Law When It Comes to Child Custody Battles

For over 20 years, the team at Anne Hamer Law has been working to protect the rights of both parents and children involved in child custody disputes.  As a divorced parent herself, our lead attorney knows just how much is at stake in these cases and is ready to do whatever it takes to seek the outcome you most desire. We have handled countless cases in both Davidson and Williamson County and are now ready to help you.

As a member of Super Lawyers and Best Lawyers in America, our lead attorney strives to implement that level of excellence into every case that walks through our office doors. We know that cases of child custody are often fraught with difficulty, and we want to be there to guide you with the compassionate and supportive hand you deserve.

If there is any question as to the safety of your child with your co-parent, we are here to uncover the truth and protect your child’s best interests, no matter what.

Types of Custody Available in TN

The state of Tennessee sees an average divorce rate of around 2.9 cases per 1,000 residents. While not all divorce cases involve minor children and not all child custody cases stem from divorce, these two legal predicaments often overlap, and it is wise to have an attorney well-versed in both arenas. In Tennessee, there are two main forms of custody, and it is important to understand the distinctions between these two types; they are:

• Legal custody. This refers to both parents’ individual rights to make major decisions regarding the upbringing of their children. This can include decisions about the child’s education, healthcare, general welfare, and religious upbringing. Legal custody can be awarded to only one parent in a sole custody arrangement, or can be shared between the parents in a joint legal custody scenario, which is more often the case. 
• Physical custody. This form of custody refers to where the child lives on a daily basis. It can be awarded to one parent in a sole physical custody arrangement, especially in cases where there are concerns about the child’s physical safety, or it can be shared between parents in a joint custody arrangement.

Nearly one quarter of US children today, who are under the age of 21, live in a household with only one parent. As your attorneys, the team at Anne Hamer Law is here to review your case and help determine which forms of custody might work in the best interests of your children and how your parental rights can be properly protected. 

Factors Impacting a Custody Ruling

When parents are unable to reach agreements regarding the custody of their children, they will need to look to a family court judge to make this determination for them. There are several different factors that the courts will look at when making these decisions, including the following:

• The parents’ ability to provide. The courts will look at each parent’s ability to care and provide for the physical, financial, and emotional needs of their children. This will include all necessary housing, healthcare, food, and anything else the child may need in order to be properly raised.
• The relationships involved. The court will also look at which parent has acted as the primary caregiver up to this point and the emotional bonds that exist between the children and their parents. 
• The preference of the child. Depending on the maturity level and age of the child, the courts may take into consideration the preferences of the child regarding custody. While the child’s preference will not be the sole deciding factor, it could be taken into account, especially in situations where the child has the ability to clearly express their needs and desires. 
• Willingness to co-parent. If parents are willing to co-parent in an effective manner, the courts will favor possible joint custody arrangements over sole custody arrangements. In these cases, the parents show they can communicate and collaborate effectively when it comes to acting in the best interests of the child. 
• Mental and physical health of the parents. The courts will then take time to evaluate the mental and physical health of both parents and consider if either of these factors will impact their ability to care for the children involved. If there is any history of mental illness or substance abuse, the courts may review how this could affect the parents’ ability to care for their child. 
• Violence or abuse history. In Tennessee, the rate of children who suffer abuse or neglect is around 10.2 per 1,000 children living in the state. If there is any history of domestic violence or abuse in the family home, then this could lead to the denial of custody rights or visitation rights, as the court’s main concern will be the safety and well-being of the child. 
• Work schedules. The courts could also take into account the work schedules of both parents and the amount of time each parent makes available to spend with their child. If a parent has a more flexible schedule, then they may be awarded physical custody of their child, especially if the other parent has a schedule that limits their ability to spend time with their child. 
• Child’s adjustment. The courts will consider how well-adjusted your children are to their current school, community, and home environment. If the child has been in the stable home of one parent, then the courts may be less inclined to uproot that child and place them with the other parent unless there are concerns present for the child’s safety. 
• Other factors. There are other relevant factors that the courts could take into consideration when making custody decisions based on the well-being of the child.

At Anne Hamer Law, we are here to help you better understand these factors and how they might apply to your child’s custody case. We are also here to ensure that the courts hear the most compelling arguments when it comes to defending your parental rights. 

FAQs

Q: What Mistakes Should I Avoid in a Custody Battle?

A: There are several common mistakes that should be avoided in a custody battle in Nashville. The most common mistake is often made when a parent allows their emotions to drive their decision-making. Arguing with your co-parent or involving the children in conflict can harm your case. It is wise that you remain focused and document everything regarding your child’s needs.

Q: Does Tennessee Favor Mothers Over Fathers in Custody Cases?

A: Nowadays, no, the Tennessee courts and custody laws operate in a gender-neutral way, meaning that the court system will not favor the mother over the father simply based on gender. Custody decisions, rather, will be based on each parent’s ability to care for the needs of their child, and both parents will be given equal opportunity by the courts to seek their rights to custody. Local courts differ in the types of parenting plans that they will order.  It is important to have a lawyer who knows the Davidson and Williamson County judges and their preferences regarding child custody.

Q: How Can a Child Custody Lawyer Help Me?

A: There are many ways in which a child custody lawyer can support you. First, they can help you understand the differences in custody types and your rights to each one. They can also help you draft and establish parenting plans and visitation schedules, as well as see modifications or enforcements of existing custody orders. 

Q: Why Might I Seek a Child Custody Order Modification?

A: There are many reasons why a parent may seek a modification to an existing child custody order in Nashville or Williamson County. Often, these reasons can include that one parent has relocated to a different state or city, requiring a legal change to an existing order. Other common reasons include a significant change in the needs or circumstances of the child, or a change in either parent’s ability to care for their child, such as the loss of a job. 

Hire a Child Custody Lawyer Today

The very idea of facing a custody issue is enough to send someone into a panic. This is understandable, and at Anne Hamer Law, we want you to know that you don’t have to face your case alone. When you hire a child custody lawyer from our team, you can rest assured knowing you have the right legal advocate in your corner, ready to protect you and your child.

Whether you find yourself preparing for mediation, negotiation, or litigation, the experienced team at Anne Hamer Law is ready to help you understand your rights and move forward in your case with confidence. Contact our offices today to learn more and to schedule your initial consultation.