Custody
Knoxville Child Custody Lawyer
TURN TO OUR Tennessee CHILD CUSTODY LAWYERS FOR HELP
Our Knoxville child custody lawyers at Jodi Loden, PLLC, are here to assist. Throughout life, there is no job more meaningful than a parent's. In law, occasional cases are more rewarding than guarding or restoring a parent's rightful position in their child's life. Please don't go through it alone.
Our Knoxville child custody attorneys will carefully listen to your concerns and goals and assemble a plan of attack.
Call today or fill out a contact form to schedule to speak to one of our top Knoxville child custody attorneys. Jodi Loden, PLLC, is Tennessee's highly-rated family law firm.
Need a Knoxville Custody Lawyer? Our Firm Can Help
The family law attorneys at Jodi Loden, PLLC have years of legal experience discovering solutions to a variety of custody-related issues, including:
- Father's Rights
- Mother's Rights
- Parental Alienation
- Child Protection
- Paternity
- Relocation
- Visitation
Custody battles can be deeply complex. Child custody and visitation cases are complicated and often require a trial. It would be best to have an experienced child custody lawyer and, more importantly, an experienced trial lawyer. Jodi Loden, PLLC, has successfully handled hundreds of child custody cases. Frequently, our firm finds results that benefit our clients.
Facing a complex custody matter in Knoxville, TN? Contact Jodi Loden to schedule a case evaluation with Jodi at (865) 424-7225.
Types of Child Custody in Tennessee
In Tennessee, two types of child custody have been established: legal custody and physical custody.
Legal custody refers to the right to make important decisions on behalf of the child. This may include decisions about medical care, education, religion, extracurricular activities, and more. This type of custody may be granted to both parents (joint) or only to one parent (sole).
Physical custody refers to where the child resides and which parent has primary control or supervision over the child's day-to-day activities. Physical custody can also be shared or sole depending on the outcome of a court order. Where shared, parents usually must adhere to a parenting plan that lays out scheduled time spent with each parent as well as how to handle holidays, vacations, and other special events, how children will be transported between households, and other details.
Need a Knoxville child custody attorney? Contact Jodi Loden to schedule a case evaluation with Jodi at (865) 424-7225.
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“Jodi's experience, and her compassion towards her clients, caused us to never doubt our choice.” - Former Client
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“Jodi and Anya are truly the best of the best” - A.M.
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“Jodi went far and above what I expected.”
Determining Custody on Your Own
In TN, courts generally favor some type of shared custody as it is considered to be the best arrangement for children. The highest priority of the court is to serve the best interests of the child and decisions are made on this basis.
Parents have the discretion of creating their own child custody arrangements through negotiation or mediation. This plan can then be submitted to the court for approval.
As long as it is deemed to be in the best interests of the child, the court will likely approve it.
You and your spouse have the right to negotiate a parenting plan throughout the duration of your divorce. This eliminates the need for time-consuming, stressful, and costly litigation and allows you to create your own mutually-acceptable agreement.
Courts in TN strongly encourage such settlements as they tend to lead to better compliance and less conflict between the parties once the divorce has been finalized.
Steps to Obtain Emergency Custody in Tennessee
You can file a Petition for Order of Protection for temporary emergency custody in Tennessee. You can file this petition if you believe your child is in danger of being harmed or removed from the state.
Here are the steps you should take:
- Contact the Tennessee police: You should contact the police or emergency services immediately if you believe your child is in immediate danger.
- File a petition for emergency custody: Should the situation not be resolved, you may need to file a petition for emergency custody. You will need to provide the court with evidence that your child is in danger, such as police reports or medical records. Additionally, you may need to prove that you are the best person to care for your child in an emergency.
- Attend the hearing: Your child will be placed in emergency custody if the court determines that it is in danger. It is your responsibility to attend the hearing and present your evidence.
- Follow up: In the event that emergency custody is necessary, the judge will issue an order after the hearing. In accordance with the order, follow all instructions and requirements.
To obtain emergency custody, you should seek the assistance of an experienced child custody attorney in Knoxville, Tennessee.
Court Determination of Custody
Where parents are unable to reach a child custody agreement, it will be left up to the court to decide. Courts will look at many factors in making their determination.
These can include but are not limited to:
- The relationship between the child and each parent
- The child's adjustment to their home, school, and community
- Each parent's ability to care for and provide emotional stability for the child
- Any history of domestic abuse
- The mental and physical health of both parents
- The child's wishes if the child is of sufficient age and maturity
Child custody arrangements can also be modified when circumstances substantially change for a parent or the child. This must be done with a petition through the court. Custody arrangements can also be enforced through the courts in TN where a parent habitually violates its terms. As a child custody attorney, Jodi handles all divorce and post-divorce custody matters as well as those between never-married parents.