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When wondering who has child custody in Chattanooga, you could rest assured that an attorney could help you understand the custody laws in Tennessee. In addition to this, a lawyer could assist your case and present your claim for custody to a judge.
A custody order could be in a couple of different forms. In the case of divorcing parents, it is going to be in the form of a parenting plan, which gives each parent the right parent the child on some schedule, and the right to keep the child during holidays and school breaks on some type of schedule. It also sets child support and sets a dispute resolution process in the event that the parents could no longer agree on the arrangement.
In juvenile court, in the case of unmarried parties or dependency and neglect situations, a custody order is going to be in the form of an order issued by the juvenile court and most typically in a way and there are some parenting plans issued by the juvenile court. It is going to delineate who is the primary custodian as well as parenting time for each parent in the case of two non-married parties.
In the case of a dependency and neglect matter, the order states who has primary custody of a child. It oftentimes delineates the parents who have had their custody taken from them and the parent’s ability to see the child.
The child is subject to the jurisdiction of the court system until the child turns 18. They may file a petition to determine capacity at any point during the child’s minority. However, the longer that somebody waits, the less control they have over the situation. It is important to do so quickly when a question arises about where a child is going to be staying and how often a person gets to see that child.
The custody court order is not permanent. A custody order could be changed at any time a material change in circumstance exists The court would then determine what new parenting plan moving forward is in that child’s best interest.
For unmarried parties, custody orders are not mandatory, but highly recommended. However, in the event that two parties are divorcing, the court requires that a parenting plan be entered for that child.
If there is no court order, a mother has custody if the parties are unmarried. With divorcing parties, the parties have joint custody until determined otherwise by a court.
This is going to be determined by what is in the child’s best interest. To do so, the court looks at all of the factors that are in TCA §36-6-106 and make a determination that the court believes to be in the child’s best interest.
Child support is not required until a Court enters an order setting that support. However, the law states that each parent has a duty to financially support their child. A parent’s rights could be terminated if they do not financially support their child.
It is beneficial to have a court order for child custody. Without such an order, there are no rules for how the parents are to co-parent with one another. Absent a court order, there is no ability for that other parent to enforce their rights to see their child.
If you have questions about who has child custody in Chattanooga according to laws, you need to speak with an attorney today. A Chattanooga attorney could help you negotiate custody without a court order all while holding you and your child’s best interests at heart. Contact an attorney today.