Fort Campbell Military Child Custody Lawyer

Fort Campbell Military Child Custody Attorney

Child custody cases are necessary when parents divorce, separate, or determine paternity. However, military custody cases have unique considerations. This makes them even more difficult to navigate, in addition to the emotional, legal, and financial difficulties of any custody case. If you or your co-parent is a service member, you need a Fort Campbell military child custody lawyer to help you with your child custody concerns.

Parents want to spend time with their children, but this is much harder when one or both parents are dealing with deployments and relocations. In any case, the children’s interests should always be the priority. Navigating a custody case requires care and creative solutions, and it’s important that you find an attorney who has experience in the field.

MBK Legal: Military Child Custody Attorneys in Tennessee and Kentucky

At Mathis, Bates & Klinghard PLLC (MBK Legal), we understand the complexities of military family law and child custody cases. With decades of combined experience, we have the skills and resources needed to help your family navigate a child custody case near Fort Campbell. Our team can help you and your family determine your options for custody and take your child’s interests into account.

Whether you or your co-parent is a service member, it’s crucial that you work with a team that understands your needs. At MBK Legal, we can provide the compassion and legal support you deserve.

Understanding Child Custody

When parents do not live together, a parenting plan determines where children live and how parents make important decisions for their children. This parenting plan is either created by the court or approved by the court after parents create the plan together. Each state has different requirements and guidelines for a parenting plan. These cases are frequently emotional, even when parents are working together. The additional complications of a military custody case only increase this strain.

What Makes a Military Custody Determination Unique?

One of the biggest factors unique to military custody cases is the deployment of a parent who is on active duty. That parent may be deployed in other states or out of the country for long periods of time. This frequent absence can, unfortunately impact a service member’s ability to have significant custody of their children. Both parents want to spend time with their children, but it is much harder to achieve this when a parent is on active duty.

Another factor that is more common in military custody cases is the frequent relocation of one or both parents. Relocations can have significant jurisdictional complications for custody arrangements, in addition to the personal instability that comes from moving.

A parenting plan must determine how custody will be handled when a parent is deployed and what custody will look like when they are not deployed. While parents may have a clear and fair schedule when a service member is not deployed, this balance can be upset by deployment. It’s crucial that this aspect is considered early in the custody determination process. A parenting plan should also consider the possibility of frequent relocations.

As a service member, you want to defend your parental rights to have meaningful time with your children. While your deployment will impact proceedings, it’s important that your parental rights are still respected. As a civilian parent, you may be worried about the instability of such a routine for your children. Both parents need to consider the interests of their children while protecting their own parental rights.

It is always beneficial for parents to work with an experienced attorney to help secure the ideal outcome for the interests of their family. Every family requires a unique solution for a parenting plan, and this is even more true in military custody. An attorney with experience in these cases is adept at crafting these resolutions.

FAQs:

How Is Child Custody Determined in Tennessee?

Child custody is determined in Tennessee based on the child’s interests, which are based on several factors, including:

• Allowing parents to spend the most time possible with their child
• Each parent’s relationship with the child and whether one parent held the primary caregiving responsibilities
• The location of each parent’s residence
• A child’s need for stability
• Each parent’s past and future willingness and ability to provide for their child’s needs
• Each parent’s willingness to allow their child to form a strong relationship with the other parent
• The child’s emotional and developmental needs

How Can You Get Full Custody of a Child as a Mother in Tennessee?

You can get full custody of a child as a mother in Tennessee by proving to the court that this is in a child’s interest. This can be difficult, as the court assumes that it is preferable for a child to spend as much time as possible with both parents. However, the court will not put a child in the custody of a parent who has:

• Allegations of child abuse supported by a preponderance of evidence
• Been put under indictment for certain crimes, such as aggravated child abuse

At What Age Can a Child Stop Visitation With Their Non-Custodial Parent in Tennessee?

There is no age that a child can legally refuse to stop visitation with their non-custodial parent in Tennessee until they are a legal adult, although the court will consider the opinion of an older and more mature child, preferably a child over 12. If a child is refusing visitation and is over the age of 12, a therapist or the court will be consulted to identify the cause of this refusal and determine if it is appropriate to modify the visitation agreement or take other steps.

How Much Does it Cost to File for Full Custody in Tennessee?

How much it costs to file for full custody in Tennessee varies between counties, and it generally does not matter whether you are filing for full or partial custody.

In Montgomery County, one of the Tennessee counties where Fort Campbell is located, the fee for filing for a divorce with minor children is $304.50. Paternity cases or terminations of parental rights have a filing fee of $204.50. When filing for full custody, it is often beneficial to work with an attorney, which can increase the overall costs.

Child Custody Attorneys for Fort Campbell Service Members and Families

Whether your military custody case is part of a separation or a paternity case, Mathis, Bates & Klinghard PLLC (MBK Legal) can help. Contact our firm today.