Columbia, TN, Child Custody Attorney
Child custody disputes can be an emotionally trying time for everyone involved, including you as a parent and your children. Adding to the difficulty of this situation is the legal complexity of these matters. You want to do what’s best for your kids while ensuring you meet all the legal requirements for child custody in Tennessee.
At Fort, Holloway, & Saylor, LLC, we provide the legal experience and guidance you need to navigate child custody matters in Columbia, Tennessee. We can help you protect your parental rights while creating an ideal custody situation for your children. We’re here to walk alongside you, handling all the legal details so you can focus on what matters: caring for your kids throughout this transitional time.
Navigating Child Custody Laws in Columbia, TN
As a resident of Columbia, you’ll need to abide by Tennessee’s child custody laws. These laws primarily focus on doing what’s best for your children.
The laws also lay out two types of custody — legal custody and physical custody. Legal custody determines who makes major life decisions for your kids. Tennessee courts tend to prioritize joint legal custody so parents share these decisions. Physical custody dictates where the children live day to day. Typically, courts will designate a primary residential parent who spends the majority of the time with the children.
The result of the court custody process is a parenting plan that outlines the rights, responsibilities and schedules of the parents.
The Tennessee Child Custody Process, Step-by-Step
Once you understand the basics of custody in Tennessee, it may help to understand how the process works. Here’s a step-by-step overview so you know what to expect:
- Initial custody petition: The first step in the custody process is to file a document with the court that establishes your desire to establish custody. The type of document filed depends on whether you are married or unmarried.
- Negotiation and mediation: After filing, the other parent must be notified and given a chance to respond. During this time, you have a chance for mediation, which can help you control the outcome, rather than leaving it to a judge.
- Parenting plan development: Following negotiations, you can come up with a mutually agreeable parenting plan to present to the court. This document will govern the co-parenting relationship, including the residential schedule.
- Court hearings: If you cannot reach an agreement, the custody case will proceed to court hearings. Both parents can present evidence, call witnesses and make legal arguments to the judge. The judge will then make a final decision and finalize the parenting plan.
Key Factors in a Columbia Child Custody Decision
Sometimes, the uncertainty can be the hardest part of the child custody process. Thankfully, you don’t have to wonder what factors the judge will use to make custody decisions. Tennessee law lays out factors for judges to consider, including:
- Child’s relationships: Judges assess the relationships your children have with you, the other parent and sometimes others, such as siblings and relatives.
- Established routine: The custody process prioritizes a continuous and stable living situation, meaning that judges will think about factors like the school and community environment, friend groups and activities your kids are a part of and how custody may impact these areas.
- Parental capacity: You may be better equipped than the other parent to meet your children’s emotional needs or their physical needs, such as food, clothing, medical care and education.
- Child’s preference: In Tennessee, kids 12 and older can express their preferences during the custody process. Typically, the older the child, the more weight their preferences will carry in the decision.
Once you know what judges look for, you can begin to create a strong argument for your desired custody arrangement.
The Advantage of a Skilled Child Custody Attorney
It’s always helpful to have someone on your side, especially during a challenging child custody process. Lawyers can provide knowledgeable support and tailored guidance based on your unique situation.
Objective Guidance in an Emotional Time
The custody process can be a time of heightened emotion for everyone involved. As you deal with your own emotions and those of your kids, you may find it hard to make the big legal decisions. A lawyer can provide a calm, objective perspective, helping you make logical choices for your children’s future.
In-Depth Knowledge of the Law and Local Courts
A custody lawyer knows state laws, as well as legal precedents that may help your case. When you work with a local team, they will also be familiar with Maury County court procedures, ensuring you meet required deadlines, complete paperwork properly and present your case most effectively.
Effective Negotiation and Agreement Drafting
In a custody case, the relationships between parents are often strained, making conversations and joint decision-making difficult. With a lawyer, you get a partner who can go to the other parent on your behalf to ease conflict. A lawyer can help you negotiate favorable terms and create a parenting plan that’s comprehensive and legally sound, potentially preventing future custody conflicts.
A Powerful Voice in the Courtroom
If you and the other parent are unable to come to an agreement through negotiation, the case may have to go to trial for a judge to decide. If this happens, it’s helpful to have a lawyer by your side to navigate the process. An attorney knows what to do and can help build a strong case, present evidence effectively and advocate powerfully on your behalf before the judge.
Why Choose Our Columbia Child Custody Attorneys?
If you’re looking for legal support on your child custody case, consider working with Fort, Holloway, & Saylor, LLC. We’re here to lend our knowledge and protect your rights as a parent while creating a parenting plan in your children’s best interests. Here are a few ways we stand out.
Deep Roots in Maury County
As a local team with an office in Columbia, we’re familiar with the child custody process here. We understand the county’s circuit court rules and procedures. Over our time managing custody cases, we’ve gotten to know how local judges operate, which helps us tailor our approach. Our nearby office means we’re also close by when you need us.
A Strategic and Empathetic Approach
We combine compassionate, client-centered services with a strategic, results-oriented legal approach. You can rely on us to get to know you and offer highly personalized solutions tailored to your custody case. Any solutions we propose are backed by an understanding of the most effective legal avenue for a given situation.
Clear Guidance From Start to Finish
We’ll never leave you in the dark through any stage of the custody process. When you work with us, we’ll keep you updated on every step we take, as well as any necessary actions you need to take. We understand your desire to keep the custody process short and straightforward for you and your kids. Our team of lawyers and paralegals will keep everything organized so you can keep moving forward.
Experienced Legal Support
Our partners have been working together for about a decade, which means we collaborate well. We also bring plenty of combined legal experience from handling past custody cases. If your case involves a court hearing, we bring strong trial and courtroom skills to effectively represent your interests and your children’s.
Frequently Asked Questions About Child Custody in Columbia
Learn more about the custody process with the answers to a few common questions our divorce and child custody attorneys receive in Columbia, TN.
How Is Child Support Calculated in Tennessee?
The state calculates child support based on:
- The income of both parents
- The number of minor children
- The time kids spend with each parent
- Health insurance costs for the kids
- Daycare or other childcare expenses for working parents
- Other special needs of the children
Tennessee has a child support calculator that provides a standard calculation. However, the judge can deviate from that calculation due to court findings or legally supported reasons.
Can I Modify My Custody Agreement Later?
The state allows for modifications of custody agreements. Usually, any adaptations require a material change in circumstances. You may need a change of custody attorney in Columbia, TN, for situations like a parent relocation, evolving children’s needs or evidence that the current plan isn’t working. After a material change in circumstances, a court may modify a custody agreement if it determines the new arrangement is in the children’s best interests.
What Happens If the Other Parent Refuses to Follow the Parenting Plan?
You have legal options if the other parent refuses to follow the parenting plan, including seeking enforcement by filing a petition for contempt or enforcement. If you do this, the court will hold a hearing. Based on the evidence presented, the judge will determine if a violation has occurred. If they decide that there has been a violation, they may take several actions, such as:
- Imposing fines on the noncompliant parent for their violations
- Ordering the noncompliant parent to follow the parenting plan
- Ordering makeup parenting time for any missed visits
- Requiring the noncompliant parent to attend co-parenting counseling
Schedule a Consultation With Our Columbia Child Custody Team Today
Gain peace of mind and a powerful advocate during the custody process. Our team at Fort, Holloway, & Saylor, LLC can support you throughout any child custody matters you face. We use our legal experience, combined with a compassionate mindset, to help you accomplish what’s best for you and your kids during the custody process. Reach out to our team online or call your local office at 931-901-2300.
What Clients Say
