When parents decide to divorce in Franklin, Tennessee, the most emotional and complex issue they face is often the future of their children. The transition from a single household to two separate homes raises many questions about where the children will live, how decisions will be made, and how much time each parent will spend with them. In Williamson County, the legal system approaches these questions with a specific focus on the well-being of the child.
At Rogers, Shea & Spanos, we understand that your children are your highest priority. Our firm has spent decades navigating the nuances of Tennessee family law to help parents in Middle Tennessee reach outcomes that protect their parental rights and their children’s futures. Understanding the framework the court uses can help you prepare for the road ahead.
The Best Interest of the Child Standard
In Tennessee, the guiding principle for every custody decision is the best interest of the child. This is not just a vague concept; it is a legal standard defined by state statute and case law. When a judge in Franklin reviews a custody case, they are not looking to “reward” one parent or “punish” the other. Instead, they are tasked with creating a situation that fosters the child’s physical, emotional, and educational development.
The law is designed to be gender-neutral. There is no legal presumption that a mother is a better caregiver than a father or vice versa. The court starts with the idea that it is usually in a child’s best interest to have a strong, ongoing relationship with both parents. However, the specific division of time and responsibility depends on the unique facts of each family.
Factors the Court Considers
Because every family is different, Tennessee law provides a list of factors that judges must consider when determining a Permanent Parenting Plan. While not exhaustive, these factors often include:
- The strength and nature of the child’s relationship with each parent. The court looks at who has historically performed the majority of parenting duties, such as preparing meals, attending school meetings, and managing medical care.
- The ability of each parent to provide the child with food, clothing, medical care, and education. This also includes the parent’s physical and mental health.
- The importance of continuity in the child’s life. Judges generally prefer to minimize disruption, considering how a change in custody might affect the child’s ties to their school, friends, and local Franklin community.
- The stability of the family unit. The court examines the home environment of each parent and whether there is a history of domestic violence, substance abuse, or emotional instability.
- The reasonable preference of the child. If a child is twelve years of age or older, the court may hear their preference regarding custody. However, the judge is not required to follow the child’s wishes and will weigh the preference against the child’s maturity and the reasons for their choice.
- The willingness of each parent to facilitate a close and continuing relationship between the child and the other parent. If one parent tries to alienate the child from the other or unreasonably denies visitation, the court may view that parent less favorably.
The Permanent Parenting Plan
In Williamson County, child custody is formalized through a document called a Permanent Parenting Plan. This is a detailed Roadmap that sets out exact parenting responsibilities of minor children and the schedule that is to be followed such as custody of the children and decision making abilities.
The right to make major decisions for the child can be awarded to one or both parents. This includes choices regarding education, non-emergency healthcare, religious upbringing, and extracurricular activities. In cases where parents share joint legal decision making, it requires them to consult one another on these significant milestones.
Custody has traditionally referred to where the child actually lives. The parenting plan will designate one parent as the Primary Residential Parent (PRP) and the other as the Alternate Residential Parent (ARP). The plan includes a specific calendar showing exactly when the child will be with each parent, including holidays, school breaks, and summer vacations.
The Role of Mediation
Tennessee law requires most divorcing parents to attend mediation before a judge will hear a contested custody case. Mediation is a private process where a neutral third party helps the parents negotiate a parenting plan. This is often the best venue for families in Franklin to reach a customized agreement. Mediation allows for more creativity than a court order. For example, parents can build in specific provisions for travel, digital communication, or unique extracurricular schedules that a judge might not have the time to detail.
Many of the Franklin, TN divorce attorneys at Rogers, Shea & Spanos are Rule 31 certified mediators. This means we have specialized training in conflict resolution and know how to bridge the gap between opposing sides to reach an agreement that serves the children.
How Rogers, Shea & Spanos Can Help
The legal team at Rogers, Shea & Spanos brings a wealth of experience and a compassionate approach to child custody matters. We have served the Franklin area for over 30 years, and we understand the local court system and the expectations of Williamson County judges. Here is how our firm supports you through this process:
Strategic Planning and Preparation
We help you document your history as a caregiver and gather the evidence necessary to demonstrate your fitness as a parent. Whether it is school records, medical logs, or witness testimony, we ensure your side of the story is presented clearly and professionally.
Skilled Negotiation
Our goal is often to reach a favorable agreement without the stress of a trial. We use our deep knowledge of Tennessee law to negotiate parenting plans that protect your time with your children and ensure you have a say in their upbringing.
Assertive Courtroom Representation
If the other parent is being unreasonable or if there are safety concerns, we are prepared to litigate. Our firm is known for its trial experience. We provide a steady hand in the courtroom, advocating fiercely for your parental rights and your child’s safety.
Addressing Complex Scenarios
Some custody cases involve more than just a schedule. We have experience handling high-conflict situations, cases involving parental relocation, and modifications to existing parenting plans when life circumstances change.
Navigating Local Rules
Every jurisdiction has its own way of doing things. Our long-standing presence in Middle Tennessee means we are familiar with the specific procedures of the Franklin courts. We guide you through the filing of documents and the mandatory parenting classes required by the state, ensuring no detail is overlooked.
Protecting Your Family’s Future
Divorce is a conclusion to a marriage, but it is also the beginning of a new chapter for your family. The way your custody arrangement is handled now will impact your relationship with your children for years to come. You deserve a legal team that combines high-level legal expertise with a genuine commitment to your family’s well-being.
At Rogers, Shea & Spanos, we are dedicated to helping Franklin parents find stability in the midst of change. We invite you to learn more about our approach to family law by visiting our website. When you are ready to discuss your situation, we are here to provide the guidance and advocacy you need to move forward with confidence.