Forms of Child Custody in Chattanooga

With the many forms of child custody in Chattanooga, it is all the more important for you to review what options may apply to your case with an experienced attorney. With the help of an attorney, you could review your options, compile evidence for a case, and present your case to a judge at a custody hearing.

What Is Sole Custody?

Sole custody is more commonly done through juvenile court and not in a divorce. Tennessee juvenile courts have jurisdiction over children when they are determined to be dependent and neglected, meaning that a child is no longer safe for one reason or another in a parent’s care. In a situation like that, a third-party is often given sole custody of the child and the parents would have to petition the court for some sort of ongoing visitation with that child.

Circumstances When Sole Custody is Used

Sole custody is used when a child is determined to be dependent and neglected, which is defined in TCA §37-1-102. There are several ways that child could be deemed dependent and neglected.

  • If that child is without a parent, guardian, or legal custodian
  • The parent, guardian, or person with whom the child lives by reason of cruelty and mental incapacity, immorality or depravity, is unfit to properly care for the child
  • A child who is under unlawful or improper care or supervision by the person who currently has custody of the child
  • The parent, guardian, or custodian neglects or refuses to provide the child with the necessary medical care
  • A child who, because of lack of proper supervision is found in any place, the existence of which is in violation of the law

Sole custody is common in Chattanooga, unfortunately. Generally, it is done through the juvenile court, and the juvenile court has many cases where children are subject to this type of situation.

Joint Custody in Chattanooga

Joint custody is determined by decision-making and where parties agree to jointly make all major decisions together. In each parenting plan, there is going to be a section that delineates which parent is responsible for educational decisions, medical decisions, extracurricular activities the child participates in, and religious upbringing. Most commonly, at least in the case of divorcing parties, those decisions are made jointly. Typically, they have to present to the court that there is some sort of difficulty presented by the other parent in making joint decisions to convince the court to order sole decision making by one party.

Physical Custody in Chattanooga

Physical custody is defined as where that child is residing and who is keeping day-to-day control and maintaining parenting time with that child on a daily basis.

Discuss the Many Forms of Child Custody in Chattanooga with a Lawyer Today

It is important for you to consult a divorce attorney about the forms of child custody in Chattanooga early on in your child custody case because being prepared could help you see a favorable outcome in court. Having an attorney that is skilled and knowledgeable in this area and could help you prepare and craft your case in a way that is best presented to the court is important for all parties going through one of these cases. Speak to an attorney today.

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