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Easter & DeVore: Knoxville Child Custody Attorneys Protecting Your Parental Rights

Custody Attorney in Knoxville, TN

parent holding hands of little kid girl

Child custody is one of the most significant and emotionally charged aspects of family law. At Easter & DeVore, we understand the deep concern parents have about maintaining strong relationships with their children. Our attorneys provide compassionate and expert legal representation for parents in custody disputes in Knoxville, Tennessee. We work to protect your rights as a parent and create arrangements that prioritize your child’s best interests.

In the complex world of custody law, it is essential to have an attorney who is a fierce advocate but also a strategic counselor. Our firm specializes in family law, allowing us to have a deep understanding of local judges, court procedures, and evolving legal standards for custody cases in Knox County. We know that a custody decision is not just based on legal precedent, but also on your child’s daily life, emotional well-being, and future. We approach each case with sensitivity and respect, working relentlessly to achieve an outcome that protects your role as an important part of your child’s life.

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    Understanding Custody in Tennessee

    In Tennessee, there are two main types of custody: legal and physical. Legal custody gives parents the right to make decisions about their children’s education, health and upbringing, including schooling, medical care and other important matters. Physical custody refers to where the child lives and who they spend time with. It can be shared between parents or one parent may spend more time with the child. The courts decide on the type of custody based on the best interests of the child and the parents.

    We can help you understand these differences and how they may apply to your specific situation. We can also help you make informed decisions about what you want in a parenting plan, so that you can ensure the best possible outcome for your child.

    Courts in Tennessee generally favor joint custody arrangements when both parents can provide a stable and supportive environment for the child. However, in cases where there is abuse, neglect, or significant conflict between the parents, the court may award sole custody to one parent. This preference for shared parenting stems from state law and social science research that supports the importance of maintaining a child’s relationship with both parents. Joint custody is not always the best solution.

    The court carefully considers whether the parents can communicate and work together for the child’s benefit. Our team helps clients demonstrate their ability to effectively co-parent. If the other parent presents a risk, we can build a strong case for why sole custody with supervised visits are necessary to protect the child’s best interests.

    • They treated me and my family great, always returned my calls, answered any questions I had and got my case finished quick. I would tell anyone needing an attorney to call these guys. I’m so glad I did!

      Kary


    Read More Testimonials From Our Clients!

    Best Interests of the Child

    The guiding principle in any Tennessee custody case is the best interests of the child. Courts evaluate numerous factors to make this determination, including:

    • The child’s relationship with each parent
    • Each parent’s ability to provide a stable, loving environment
    • The child’s adjustment to home, school, and community
    • The mental and physical health of both parents
    • The willingness of each parent to encourage a relationship between the child and the other parent
    • Any history of abuse, neglect, or substance abuse

    This list of factors is not exhaustive. In addition to the factors listed, judges also consider things like each parent’s work schedule, childcare arrangements, the emotional bond between the parent and child, the moral character of the parents, and even the child’s preferences, if they are 12 years old or older.

    The court’s analysis is a holistic one, taking all these factors into account to create a complete picture of the child’s life and needs. One common mistake parents make is focusing only on their own desires. Our role is to help you reframe your goals within the context of the court’s “best interests” framework, creating arguments and presenting evidence that support your child’s documented needs.

    At Easter & DeVore, we can help you present a strong case in court that shows your ability to meet your child’s needs and maintain a positive relationship with them. We do this through careful preparation. We gather evidence such as school records, medical reports, and communication that demonstrates your involvement in your child’s life. We may also work with child psychologists, social workers, or educational consultants to provide expert testimony if needed. If there are allegations of parental unfitness, we conduct thorough cross-examinations and present rebuttal evidence to protect your rights and reputation. Our goal is to ensure the court sees a full and positive picture of you as a parent.

    Addressing Relocation and Long-Distance Parenting

    One of the most controversial issues in custody law is the relocation of parents. If you want to move long distance with your child or if the other parent is planning to relocate, Tennessee law has specific legal requirements that must be followed. Generally, the parent who wants to relocate must provide formal notice to the other parent. The other parent can then object to the move. The court will hold a hearing to decide if the move is in the best interests of the child, considering a set of factors outlined in the law.

    These factors include the reasons for the move, the relationship between the child and each parent, the logistics of a revised visitation schedule, and the opportunities available to the child in both locations. We have extensive experience working with both parents who are seeking to relocate their child and parents who oppose the move. We construct arguments that protect the stability of the child and the integrity of the parent-child relationship, whether it means facilitating a necessary relocation or preserving crucial geographic proximity.

    Parenting Plans and Visitation

    Tennessee law requires divorcing or separating parents to submit a parenting plan to the court. This document outlines how parenting responsibilities will be divided, including schedules for regular visitation, holidays, school breaks, and transportation arrangements. It also addresses how parents will resolve future disputes regarding custody and parenting time.

    We work closely with clients to draft practical and detailed parenting plans that are tailored to their family’s unique circumstances. If disputes arise, we provide effective advocacy in mediation or in court to protect your time with your children.

    • I highly recommend Easter & Devore! They are both great to work with and very knowledgeable. It put my mind at ease knowing that they were helping me and providing me with great legal advice. You won’t regret hiring them to help you with your legal needs!

      Sasha

    Modifications and Enforcement

    Over time, changes in circumstances may require a modification of an existing custody or visitation order. Common reasons include relocation, changes in employment, a child’s evolving needs, or concerns about a child’s safety. We assist clients in petitioning the court for modifications and represent them in hearings to secure updated custody arrangements.

    If a parent fails to comply with a custody order, legal action may be necessary. Easter & DeVore can help enforce your rights through the court system and ensure that custody and visitation orders are followed.

    Learn More About Parenting Plan Modification

    Contact Easter & DeVore

    If you are involved in a custody matter in Knoxville, TN, turn to Easter & DeVore for experienced and compassionate legal representation. We are committed to helping you protect your relationship with your child and achieve a custody arrangement that supports your family’s well-being. Contact us today to schedule a consultation.

    Common Child Custody FAQ

    What is the difference between legal and physical custody in Tennessee?

    Legal custody refers to the right and responsibility to make major decisions about your child’s life, including education, healthcare, and religious upbringing. Physical custody determines where the child primarily lives and the schedule for parenting time. These can be awarded separately; for example, parents might share joint legal custody while one has primary physical custody.

    How does a Tennessee court decide what is in the “best interests of the child”?

    The court evaluates numerous statutory factors, including: the child’s emotional ties to each parent; each parent’s ability to provide a stable home, food, and medical care; the child’s adjustment to school and community; the mental and physical health of all involved; and, crucially, each parent’s willingness to support the child’s relationship with the other parent. We help build a compelling case around these factors.

    Are parenting plans required? What should they include?

    Yes, Tennessee law requires a detailed Parenting Plan in custody cases. It is a blueprint for co-parenting and must include the residential schedule (daily, holidays, school breaks), decision-making responsibilities, and methods for resolving future disputes. A well-drafted plan prevents confusion and conflict. We specialize in creating clear, practical, and customized parenting plans.

    Do Tennessee courts favor mothers over fathers in custody cases?

    No. Tennessee law explicitly prohibits courts from favoring one parent over the other based on gender. The court’s sole focus is the best interests of the child. Factors like who has been the primary caregiver, the stability each parent offers, and the strength of the child’s bond with each parent are what truly matter, not gender.

    When can I modify an existing custody order?

    You can seek a modification if there has been a material change in circumstances that affects the child’s well-being. Common examples include: a parent’s relocation, significant changes in a parent’s schedule or living situation, concerns about the child’s safety, or the child’s own changing needs as they grow older. We can advise if your situation warrants filing for modification.

    What can I do if the other parent is violating our custody order?

    If a parent denies visitation or fails to follow the court-ordered schedule, you can file a motion for enforcement. The court can take various actions to ensure compliance, including holding the violating parent in contempt, modifying the order, or ordering makeup parenting time. We help document violations and take swift legal action to uphold your rights.

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