Divorces are tough.
But, tougher are the circumstances that are based around the divorce. The arguments, the legal proceedings, and the sheer tension built up is stressful. The parents’ divorce or the election of co-parents is anxiety-inducing. An unfortunate, yet crucial observation is the overseeing of the children’s interests.
Here, a relationship is being reduced to a mere contract. So, the children involved are gullible and vulnerable. The bitter relations between the elders can have an adverse effect on the child. At this point, child custody is of paramount importance. But, the process of child custody is complicated involving many intricacies.
Hence, consulting a child custody attorney is advised. This brings in professional experience amidst an emotional decision.
What are your options?
In Tennessee, there are two basic types of custody — Legal custody and physical custody.
- Legal Custody
This means the rights of the parents to make decisions regarding the child. From educational planning to swimming lessons, a legal custodian is a decision-maker.
- Physical Custody
Self-explanatory. This is the decision of with who the child lives, for how long, and similar interests.
These are the basic two types. There are many other types that are a mixture or associated with these custodies.
Joint-legal custody provides both parents with equal rights to make a decision. This is agreed upon, keeping in mind the best interests of the child.
This is a briefing of types of child custody. To understand this in better depth, consult lawyers in Knoxville Tn who are adept at family law.
After understanding the different types, you will have to decide on the type of custody. This serves as the base for all future relations. Note that this is binding on all the concerned individuals. Hence, utmost care must be taken before deciding on a custody type. Involving a child custody attorney is recommended for a smooth outcome.
Achieving consensus over child custody and its arrangements
While deciding on the type of custody, there are many queries to be answered.
- Where does the child stay?
- How far is the non-custodial parent?
- What is the scope of involvement in the decision-making process?
- How does the visitation schedule look?
- What about the visitation rights of third-parties (grandparents, caretakers)?
And many more. These queries need to be answered sensibly. Both existing circumstances and the repercussions must be weighed. To ease this, you shall have to consider hiring a child custody attorney.
This is an important facet of child custody. The framing of an effective visitation schedule is vital. The benefits of having a Knoxville divorce attorney for help are manifold. Their vast experience helps in reducing loopholes. Also, the lawyers in Knoxville TN are adept at keeping the child’s interest intact.
The scheduling must specify the following:
- Residential schedule
This states the custodial parent and the primary house of the child. Also, this specifies the time-period, if any, of the stay. All lawyers in Knoxville TN ensure this schedule acts as a standard timeline.
One that allocates time for the child to spend with each of the parents. The frequency of visits by the non-custodial parent must also be mentioned.
- Holiday schedule
Often overseen, but a vital part of the agreement is the holiday schedule. This includes special days like birthdays, father’s day, mother’s day, and others. And in general terms, three continuous days of the holiday will also be considered. So, a three-day weekend will also be taken into account in the holiday schedule.
The child custody attorney will allot the holidays for the child to spend time with each of the parents. More than often, the time duration will be equally divided.
- Vacation schedule
Lengthy holidays come under the scope of vacation schedules. The parents’ extended leaves or the child’s school breaks are counted for this.
Again, the child custody attorney must divide the breaks and prepare the schedule. This allows for the child to spend quality time with the parent.
Once a visitation schedule is prepared, it is time for ground rules to be defined. The following considerations are to be pondered upon before the agreement is drafted.
- The frequency of phone calls.
- The communication of the child’s health.
- Violations and its consequences.
- Scope of reasonable visitation (in case of fear of abuse).
- Supervised visitation.
- Participation in activities (Ex: sports day, annual day).
- Access to information on the child’s education and other activities.
- Visitation rights of grandparents, close relations, and other well-wishers.
These are a few of the important considerations. Seems straightforward? Yes. But we recommend you to find a quality Knoxville divorce attorney. He/she will assist in the specifics of the visitations.
Once all the above is conformed to, the child custody attorney will review the same. If satisfied, parents can move for a written legal agreement. This can be done without mediators. Yet, we suggest having a Knoxville divorce attorney in handy. Their expertise and experience will help fine-tune the agreement.
A family court looks at a variety of parameters before deciding the custodian for a child. Some of the major parameters are:
- Children’s preference
- Parent’s current living situation
- Stability of the parents
- History of neglect or abuse by parents (if any)
- The sexual orientation of the parents
After these parameters are reviewed, you are one step closer to seeking custody. Now, emotional and financial considerations are prioritized.
The Judge might also cross-verify or question the parent. These can range from verifying the claims to learning the parents’ thought process.
If found satisfactory, the obligations of each parent are specified. In the case of sole physical custody, the non-custodial parent will have to provide regular monetary support.
Alongside, the legal implications of any violation are also mentioned.
After all these procedures, the custodial agreement is signed. Note that this agreement is binding on all individuals involved. So, the custody seeking process is not smooth. To ease the process, hiring a child custody attorney is almost a no-brainer.
If you’re looking for an experienced attorney in Knoxville TN, a Volunteer Law Firm is your best option. Our expert teams of attorneys are specialized in all kinds of family-related legal issues. Get in touch with us now to discuss your custody case.