Tennessee child custody considerations

Also another friendly divorce turns bitter when child custody problems cannot be solved. The two areas most likely to result in difficulties in a divorce is child custody and Division of marital property and often the parties cannot reach a compromise on these issues. Memphis divorce lawyer may mediate in disputes which arise between you and your spouse, and explain any legal issues that may affect child custody in a divorce suit. This article is written from a Tennessee and the law may vary in your jurisdiction.

Tennessee child custody law

In Tennessee are determined child custody issues of "the child's best interest". If the divorce parties cannot agree on the issue of custody, a judge make the determination for them. In most cases the courts prefer joint custody agreement where parents share physical and legal custody of the child. If joint custody is not practical, the Court may grant one parent custody alone.

Issues that may affect the child custody is child abuse, spousal abuse and drug abuse. While courts recognize that children are generally happier when both parents are playing a role in their lives, can they deny custodial rights for parents who have a history of domestic violence or abuse. In such cases, the Court may grant custody to a parent and let the other parent visitation privileges. When violence is an issue, the Court may request the examination to be monitored.

Tennessee courts are not permitted to consider a parent sex determination of custody and in most cases in which custody is disputed, the judge will order a home study to determine the best environment for children. Courts may consider the wishes of the child, especially if the child is over 12 years. The judge will also take into account the child's exposure to others who are living with or visiting often a parent.

Child support in Tennessee

Children are another area of arguments for parents seeking a divorce and in the absence of a written agreement between the parties, the aid will be determined by the Court under the Tennessee child support guidelines. The guidelines take into account the income of both parents, how much time each parent has physical custody of the child and the guidelines may be amended to take account of any special needs the child has that create extraordinary charges for medical or education.

Payments by public aid programs are not calculated in the total income, social security, veteran's benefits and other sources of unearned income. The guidelines require support for 21% of the non-custodial parent net income for one child and 32% for two children. Either parent may be ordered to pay support and there is no limitation for the collection of child support in the u.s. State of Tennessee, United States.

It is in the interest of the child and both parents to reach child support agreement before a court hearing and a Memphis divorce lawyer can help parents reach a reasonable agreement. Child support orders can be modified by a number of reasons until the child reaches the age of 18 years. In cases where the child has special needs and cannot take care of itself once it has been 18, the Court may decide the continuation of children.

Keep a Memphis Divorce Attorney

Child custody and aid are complex legal issues and divorcing parties with children should always seek representation by a lawyer who specializes in family law. Protect their client is of the utmost importance that a divorce lawyer and experienced doctors will be familiar with the family courts in Shelby County where judges with unique personalities and preferences. A specialized family lawyer can offer its clients the best possible advice when the client is involved in a child custody or child support proceedings.

If you go through a divorce is considered to retain certified family law specialist as your Memphis divorce lawyer, but be aware that you will need to consult with other professionals in the areas Memphis real estate, personal finance, and private investigations.