In Tennessee, like most states, decisions regarding child custody are made based on the child’s best interests. Custody and visitation agreements can come in many different forms, including sole and joint custody. It may be difficult to get awarded sole custody depending on the details of your family and situation. Continue reading and contact a Memphis, Tennessee child custody lawyer to learn more about your legal rights and options as a parent.
What Types of Custody Exist in TN?
There are two types of custody, called physical and legal. Physical custody concerns where the child lives on a day-to-day basis and when each parent is entitled to spend time with them. Legal custody refers to a parent’s right to make significant decisions regarding the child like their religion, education, medical care, etc.
Both physical and legal custody can be either joint or sole. Joint custody means that both parents have a legal right to the child, while sole means that only one parent houses the child and makes decisions on their behalf.
How Difficult is it to Get Sole Custody in Tennessee?
In general, Tennessee law operates under the assumption that a child will benefit from having a relationship with both of their parents. A parent may find it extremely difficult to be awarded sole custody unless extenuating circumstances apply.
While TN courts generally favor shared custody and allowing the child to maintain a relationship with both parents, remember that the system’s top priority is the well-being and best interests of the child. If it can be proven that the child would be better off having no or limited contact with one of their parents, sole custody can be awarded. Courts consider the following and more when determining what custody arrangement is best for each case.
- The relationship between the child and each parent
- Which parent has historically been the primary caretaker
- Each parent’s mental and physical ability to care for the child
- The stability of each parent and their household
- The ability of the parents to co-parent
- Whether either parent has a history of abuse or neglect
- Whether either parent has a criminal record
- The child’s preference, depending on their age and understanding of the situation
If one parent is currently incarcerated, is a drug or alcohol addict, or has a history of domestic violence, abandonment, neglect, mental illness, etc. a court may determine that they should not have custody of their child. The parent may not be able to provide a safe environment for the child to grow, learn, and develop.
If you can prove that joint custody is not feasible or will not be in the child’s best interest, it is possible to get sole custody, though the other parent may have visitation rights whether supervised or unsupervised. Contact an experienced family lawyer for more information about your rights and options.
