When considering child custody, the court must always make a decision that is in the best interests of the child. This requires a judge to consider a variety of factors when making this crucial decision. The outcome of this decision can affect the relationship between a child and a parent for years into the future.
A Hamilton County child custody lawyer could help to press for a child custody arrangement that is in the best interests of both a parent and a child. This includes evaluating your parental rights under the law and fighting to protect those rights in court.
Circuit, Chancery and Juvenile Courts have the jurisdiction to rule on child custody matters under state law. Specifically, Tennessee Code Annotated §36-6-106 says that courts must rule on this matter during the course of a divorce case or when a Petition is filed by an unmarried party.
The main goal of a court in a child custody hearing is to make an arrangement that is in the best interests of the child. When making this determination, the court will evaluate a variety of factors that include:
A Hamilton County child custody attorney could provide more information about when a court has the ability to rule on child custody matters. Attorneys could also help to explain what the court will examine when making these determinations.
The goal of a child custody hearing is to establish a child custody plan for the immediate future. Ideally, this plan will leave both parents with relatively equal rights to maintain a presence in the life of the child.
The default position of the courts is to order joint custody. This means that both parents retain legal rights over the child. These rights include physical custody time when the child lives with the parent and legal custody that involves the ability to make decisions concerning that child’s future.
However, it is also possible that a court may award custody to one parent and visitation time to the other. This is only possible if the court has reason to believe that a parent is a threat to the child or is unable to provide proper care.. A Hamilton County child custody attorney could help to fight for a custody arrangement that is in the best interests of a child.
While it is true that the default position of the family court is that each parent has equal rights over a child, the result of a child custody hearing is not always so even. Family courts have a duty to consider the question of child custody during a divorce or any other split of parents. They must also reconsider the rights of parents due to a material change in circumstances.
A Hamilton County child custody lawyer may be able to help you to fight for a proper child custody plan that meets both your needs and the needs of your child. This includes physical custody that determines where the child lives and legal custody allowing you to make decisions about the child’s future. A lawyer could help establish a fresh order in family court as well as to pursue petitions for modifications when appropriate. Contact a Hamilton County child custody lawyer today to learn more.