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Brentwood Divorce Attorneys > Blog > Child Custody > What Factors Are Considered During Child Custody Proceedings In Franklin?

What Factors Are Considered During Child Custody Proceedings In Franklin?


If you are getting a divorce and one or more children are involved, negotiating child custody is one of the most important parts of the legal process. Creating a parenting plan that is mutually beneficial for each party is challenging, even when the two people getting the divorce are amicable with each other. The law in Tennessee will only consider the child’s best interests when approving or determining a child custody arrangement. Even if your divorce case is proceeding fairly amicably, working with a Franklin child custody attorney can make a big difference in your case.

What are the Different Types of Child Custody in Franklin?

When most people think of child custody, they often only consider physical custody. Physical custody refers to where the child will live and the amount of time they will spend with each parent. Legal custody refers to which parent has the authority to make important decisions for the child. These decisions can include where the child goes to school, the healthcare they receive, the religion they are raised in, and more.

Both legal and physical custody can either be joint or sole. Sole custody means that one parent will spend the majority of the time with the child and is the only one with the authority to make decisions for the child. In joint custody situations, both parents will spend an approximately equal amount of time with the child and each will have a say when important decisions pertaining to the child are made. Generally speaking, the Tennessee courts presume that joint custody is in the child’s best interests, with the exception of extreme circumstances, such as when there is a history of domestic violence.

What are the Child’s Best Interests in Franklin?

When making decisions on child custody, the family courts will consider a number of factors to determine what is in the child’s best interests. These include:

  • The developmental and emotional needs of the child,
  • The living accommodations of each parent, including the distance from the residences to the child’s school and extracurricular activities,
  • The quality of the relationship between the child and each parent,
  • The distance between the residences of the child’s parents,
  • The degree to which the child is involved in their community, including friends and relatives,
  • The medical resources available if the child has a health condition or disability that requires treatment, and
  • The willingness and ability of the parents to work together for the well-being of the child

In some cases, the preference of the child may be taken into consideration. However, this is usually only when the child is 12 years of age or older, and it is not usually the deciding factor.

Our Child Custody Attorneys in Franklin Can Advise On Your Case

Child custody issues are sensitive and they require personal solutions that suit your specific goals. At Beal, Nations & Crutcher, our Franklin child custody attorneys have successful track records of supporting families and successfully negotiating child custody agreements. Call us now at 615-861-2304 or contact us online to schedule a consultation with one of our experienced attorneys.




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