Child Custody Attorneys in Knoxville and all of Tennessee

Divorce ends marital relationships, but not the relationship between the parents and the children, although this relationship may be drastically altered by divorce. One of the most difficult issues for the court and/or the parties is determining who should be Primary Residential Parent of the children and what sort of time sharing and decision making should be established. Once children reach age twelve they are entitled to voice a preference in court as to where they want to live, but the court does not have to follow that preference. In fact, having a child testify as to preference is often very damaging to the child's emotional well being and long-term stability. For the most part, children must rely on the wisdom and compassion of their parents or the judgment of the courts for a determination of what will happen with them. If the decision is left to the court, it will be made on the basis of the best interest of the children and the comparative fitness of the parents, not on the basis of what either of the parents may want or feel is right.

Co-parenting time will be granted for each parent if they are both capable of co-parenting. In cases of abuse of the other parent and/or the children, or other extraordinary circumstances supervised co-parenting time can be ordered. One parent will be designated as the Primary Residential Parent (PRP). As long as both parents are capable, they will participate in the responsibility for the education, spiritual and moral growth, and financial and social support of the children. The responsibilities of a Primary Residential Parent will not be awarded to a non-parent unless the court finds that both parents are unfit to have those responsibilities.

When a Complaint for Divorce is filed, a Temporary or Permanent Parenting Plan (either agreed or proposed by one side), must also be filed. The plan sets forth the weekly, holiday, and summer co-parenting time proposed by the filing parent, and addresses other issues such as child support, insurance, transportation, and decision-making. It is usually better for parents to determine the fate of their children rather than letting a stranger (the court), decide their children's fate based on the brief contact the judge will have with the family in court. Tennessee law also requires each parent to attend a Parent Education Seminar. The court clerk for the court where the divorce is filed can provide a list of approved Parent Education Seminars.

Many times, the court will order (or parties will agree), to a custody evaluation. This will involve choosing a psychologist to meet with each of the parties separately, with each party and the child(ren), with the child(ren) alone, and possibly with other significant individuals in the children's lives. Parents and children will also be given psychological tests. When the evaluation is completed, the psychologist will give an opinion as to what is in the children's best interest. The judge does not have to do what the psychologist recommends, but the opinion of the psychologist often carries great weight. The custody evaluation often costs between Four and Six Thousand Dollars ($4,000.00 - $6,000.00).

As part of the divorce process, the parties will also be required to attend at least one mediation session. The mediator cannot decide the case or force an agreement to anything. The mediator's job is to help both parties work toward an agreement that will satisfy the concerns of each party so that co-parenting can be easier and more pleasant.

Although mediation can be expensive (each party usually pays half of the mediator's fees, and his/her own attorney fees), mediation can still be a much more cost effective than preparing for and attending trial. The Community Mediation Center, provides mediation services based upon a sliding scale, taking into consideration the income of each party. Either party can also ask the court to order a reduced mediation fee. The Knoxville Bar Association (865-522-6522) can provide you with a list of approved Rule 31 mediators, trained specifically in family law.

Once a Permanent Parenting Plan is established (by agreement or court order) it typically cannot be changed unless the circumstances of one or both of the parents change to such a substantial degree that the children are adversely affected. Then if the court believes it would be in the children's best interest, the order can be reviewed and possibly changed. A petition to modify the Permanent Parenting Plan will likely require the parties to go through mediation and parenting classes again.

The Knoxville Child Custody lawyers at Sobieski, Messer, & Associates, PLLC handle child custody cases in Knoxville TN and the surrounding areas.  Call 1-865-223-5586 to speak with a lawyer today.