Child Custody & Visitation

Nashville Child Custody and Parenting Plan Attorneys

Some of the most emotionally painful and closely contested issues that can arise in a divorce case are those concerning each spouse's access to the children. At the Tennessee law firm of Hollins, Wagster, Weatherly & Raybin, P.C., our lawyers will work with you to make sure that you have a solid understanding of your rights and responsibilities with respect to child custody and visitation. Contact us in Nashville to learn how we can help anticipate and resolve any problems you might encounter as a divorcing parent in protecting your relationship with your children in a manner consistent with the children's best interests.

Since 2001, a substantial overhaul of the Tennessee family law statutes has introduced new concepts and terms into the resolution of child custody and visitation questions. Rather than separate determinations of child custody and parenting time, the current law requires the divorcing parents to work toward a mutually agreed parenting plan, which addresses (1) the primary residence of the child, (2) the time for the noncustodial parent to have overnight or holiday visits with the child, and (3) child support.

Before a court will hear and resolve disputes between the parties on any aspect of a parenting plan, the divorcing parents are strongly encouraged to resolve these disputes themselves through agreement. Parents are generally required to attend parent education seminars shortly after the divorce petition is filed. If the parents are unable to agree on such issues as the child's primary residence or a visitation schedule--now known as "residential time"--the court will order that the issue go through mediation in a last effort to develop a comprehensive and negotiated parenting plan.

Some circumstances can complicate the strength of a parent's position with respect to primary custody or residential time. These include a history of alcohol or drug abuse, documented interference with the other parent's access to the child, family violence or abuse, or even a divorcing parent's intention to move in with a lover. Our experienced divorce attorneys can advise you as to the impact of any of these circumstances on your rights as a parent, whether they apply most directly to you or to your spouse. Just as importantly, we can help you formulate realistic objectives for securing and strengthening your relationship with your children over time.

Because conditions over time can change, we also represent parents in post decree proceedings to modify particular provisions of a parenting plan. In order to show that changing the current arrangements will be in the best interests of the child, it is necessary to demonstrate that the changed circumstances presented in favor of modification are substantial and material, and that the proposed change will be in the child's best interests.

For additional information about our ability to help resolve issues concerning child custody and Tennessee parenting plans, contact a Nashville family law attorney at Hollins, Wagster, Weatherly & Raybin.