Clarksville Child Custody Lawyer

Clarksville Child Custody Attorney

The details involved with the day-to-day care of children are extremely complicated for any couple. When that couple gets divorced or separated, this complication is increased significantly. These complications often become even more challenging as the emotional landscape of a divorce clouds judgment and makes it difficult to consider all the details involved. Fortunately, our Clarksville child custody lawyers have effective solutions.

Child custody is determined with a child’s interests in mind. Whether or not parents are amicable during a custody case, it is crucial that the child’s interests remain the priority. A parenting plan helps parents who live separately spend meaningful time with their children and make decisions on their behalf.

Protecting Your Family’s Future in Clarksville, TN

When working on a Parenting Plan, there is no decision that will add more value than choosing the right Clarksville child custody lawyer to help you. At Mathis, Bates & Klinghard PLLC (MBK), we provide sound counsel and representation in all types of custody issues and parenting plans. Our team has decades of experience in family law and child custody cases.

We’ve helped resolve custody disputes during many divorces, as well as paternity, separation, and adoption cases. We provide parents with compassionate legal care during any custody case.

From our Clarksville office, we represent traditional couples and same-sex couples in Tennessee and Kentucky in all types of dissolution and related family law matters. Our team understands how state and federal law can affect a family’s unique circumstances, and we help parents protect their rights to their children.

We also represent military service members from nearby Fort Campbell, throughout the United States and overseas. Military parents must consider unique factors as they create a parenting plan, and our team can help parents address these issues.

Dealing With The Complex Details Of Parenting Plans

Each state has its own rules and regulations for handling post-divorce or post-separation parenting. Tennessee, for example, has a set Parenting Plan that we help clients complete and file with the court, while Kentucky offers parenting guidelines that offer more flexibility in the creation of a parenting plan. Even the designations of what constitutes “custody” can be different from state to state.

At MBK, we understand the challenges you are facing. Our attorneys have a thorough knowledge of the options available to you, and we know how to navigate the process as smoothly as possible to help you get the results you need.

Family Law Contempt As It Relates To Custody

Often after a divorce is finalized, one of the parents fails to follow the custody and visitation agreements. In some cases, a parent will deny the other parent’s court-ordered visitation privileges. Other cases involve failing to show up on time to exchange the child pursuant to the Parenting Plan.

Our Clarksville child custody lawyers have a wealth of knowledge and experience handling contempt proceedings involving custody/visitation disputes of this kind. We will fight for your interests and help you protect your relationship with your children.

What Our Clients Say

Attorneys Handling Paternity And Fathers’ Rights Matters

Issues involving paternity and fathers’ rights are important considerations in any divorce, separation or custody proceeding. In all of these matters, the most important concern is protecting your rights in the legal process.

At Mathis, Bates & Klinghard PLLC (MBK), we service clients in Tennessee and Kentucky. We also serve military service members and officers in Fort Campbell and throughout the world. Our Clarksville lawyers handle paternity and all types of matters related to custody, support and parental rights.

Establishing Paternity

Establishing paternity is critical for both a mother seeking child support payments and a father seeking to exercise his custody and visitation rights. With modern medical technology, determining whether someone is the father of a child involves a simple blood draw or cheek swab and test of the DNA.

When the parents are married, the issue of paternity rarely arises as the husband is presumed to be the child’s father. The legal question of paternity only comes into play when the fact of fatherhood is in question or when parents are not married.

To exercise custody and visitation rights under a parenting plan, a father might need to establish that he is, in fact, the father. In cases of a mother seeking to deny parenting time to the father, establishing that he is not the father is the most definitive approach.

We have helped numerous clients establish or contest paternity. We can explain it to you and help you through the process.

Understanding Fathers’ Rights

Many dads come to us seeking legal advice, and many of them mistakenly believe that maybe getting their kids every other weekend is the best they can hope for in their custody battles.

Dads: You have equal rights to be a parent to your children. We can help you protect that right.

While there was a time when the legal system was biased toward mothers in custody and other divorce-related issues, times are changing. In most cases, courts are looking to maintain parental relationships as much as possible after a divorce.

This includes making sure the dad has time needed with the children to maintain those relationships. Our attorneys can protect your rights in custody, support matters and other aspects of divorce.

Serving The Military

We also have a wealth of experience protecting the rights of military servicemen and officers. Being deployed and often out of town, many members of the military worry that their rights will not be protected in their divorces, especially when it comes to their rights as fathers and mothers.

Our lawyers understand how to protect your rights during your divorce, even if you are stationed overseas. We can help make sure you have fair treatment when it comes to the court’s custody determination.

Moving Away And Child Custody

Although the desire to relocate is common as a result of work changes, family obligations or military placement, moving out of state is no simple matter for those who are inactive parenting agreements. There are strict laws governing parental relocation, regardless of whether the proposed move is with or without the children.

At Mathis, Bates & Klinghard PLLC (MBK) in Clarksville, our attorneys handle custody modifications for clients seeking relocation and for those contesting this type of relocation, including military custody issues involving custody during deployment. We have the experience and knowledge to protect your interests and the interests of your children.

Child Visitation

When you and your partner establish a custody agreement that works for both of you, it is vital that you then begin to establish what a visitation schedule will look like. Tennessee state law grants the noncustodial parent the right to visit their child so long as these visits don’t endanger the child’s ongoing well-being or overall health. In addition, both parents must adhere to a visitation schedule that is ordered by the court if such an order were to be made.

If you are concerned about being unable to develop a visitation schedule with your ex-spouse, you may want to bring your concerns to an experienced child custody lawyer who can advise you on an effective method of making a visitation plan and ensure that whatever plan you do come up with is made in the interests of the child in question.

The visitation plan that you develop will largely reflect the custody plan in place that is ordered by the court. It is important to remember that the custodial parent ultimately has the most say in how their child is raised and who gets to see them.

In cases where only one parent has sole custody, the other parent may seek visitation rights through the Tennessee courts, which may not always be granted. Generally, many Tennessee families seek joint legal custody, in which both parents share equal time with their child.

Elements of a Visitation Schedule

A visitation schedule should include multiple different elements that detail how the child will be raised going forward. This schedule can include every possible place the child will go, who they will be spending their time with, and how long they will be spending at those places. Here are some important elements of a solid visitation schedule:

• Residential Information: The schedule should include which parent the child will be living with and at what times they will be living there. A typical joint custody agreement sees the child spending an equal amount of time living in each parent’s home. Each parent should have a designated space for the child in their home.
• Holiday Information: Holidays can be difficult to navigate when visitation rights are being discussed. You will need to make a plan for where your child will be spending their holidays, as well as long weekends and birthday celebrations. You may want to consider dividing certain holidays up between both parents. For example, the mother may get the child on Thanksgiving and the father on Christmas.
• Vacation Information: When the time comes for the child to take a family trip, you need to lay out where exactly they will be going and who they are with. If the child has extended time off from school for whatever reason, such as summer vacation, you’ll need to lay out how that extra time is going to be divided between both parents.

A visitation schedule will need to be approved by the judge presiding over your case. In order to make the final decision regarding your schedule, they will need to take certain factors into consideration, such as each parent’s home stability, employment schedule, ability to meet the child’s physical and emotional needs, and the safety each parent provides in the home and outside of it.

Parental Relocation Law In Kentucky And Tennessee

It is common for parents to need to relocate after a divorce or separation due to new employment, military permanent change of station or other life changes.

If the relocating parent has entered into a parenting plan with the other parent or there is pending litigation regarding divorce or custody the relocating parent will be required to comply with the home state’s Parental Relocation Law.

Both Tennessee and Kentucky child custody laws have several provisions associated with parental relocation. In some cases, a state court may delay or prevent a parent from relocating with the child if an objection is raised or notice is not properly given.

After parents receive a court order for custody or have negotiated a parenting plan, either parent might want to change the arrangement because of an impending move. Tennessee and Kentucky parental relocation laws include several requirements that the relocating parent must meet before actually relocating.

If the custody proceeding or Order was entered in Tennessee the relocating parent must provide proper notice to the other parent if the relocation is out of state or more than 50 miles from the current residence.

In Kentucky, the obligation is triggered if the relocation is out of state or more than 100 miles away from the current residence. Both Tennessee and Kentucky require written notice to the other parent at least 20 days before the move.

This written notice requires the relocating parent to provide specific information to the other parent about the purpose, location and time frame for the relocation along with the statutory right of the other parent to object to the relocation. If the parents don’t agree to an updated custody and visitation arrangement, the parent who plans to move must file a petition in state court and obtain court approval.

Parental relocation issues can be complicated and have lasting consequences, including loss of custody, if not followed properly. Allow the experienced attorneys at Mathis, Bates & Klinghard PLLC to assist you in all your custody or family law issues.

What Are The Rights Of Grandparents And Stepparents?

Many grandparents and stepparents after the child’s parents are divorced or separated wonder what rights they have, especially in terms of custody and visitation. Although stepparents and grandparents often have rights, the particular details of each situation can make these grandparent and stepparent rights cases complicated.

At Mathis, Bates & Klinghard PLLC (MBK), our Clarksville attorneys handle grandparents’ rights and stepparents’ rights cases in Kentucky and Tennessee. We have a wealth of experience in a range of family law matters and the nuanced custody and visitation matters involving stepparent and grandparent rights cases. We represent all clients in these matters and we are committed to providing our clients with best-in-class personalized legal service.

How To Establish Rights As A Grandparent

Grandparent rights cases usually involve custody or visitation. To establish visitation rights, there has to be a significant relationship already established between the grandparent and grandchild. Usually this relationship involves the grandchild living with the grandparent or at least spending significant time together on a regular basis.

In terms of custody, this usually involves more serious issues like substance abuse issues or other problems that make the parents unfit for parenting so the grandparents need to take over custody.

In some cases, the parents willingly transfer custody or visitation rights, and other cases are contested. At MBK, we represent grandparents seeking custody and visitation rights, or we can represent the biological parents contesting custody and visitation. If appropriate, we can help you work grandparent visitation schedules into a comprehensive parenting plan.

Stepparent Adoptions

In many cases, when a divorced spouse remarries, the new spouse forms a strong bond with the stepchildren, and they want to make the parent-child relationship official and legally recognized through an adoption. Our attorneys handle all stages of the process of stepparent adoptions. These cases can involve complex paternity matters, the termination of parental rights for the biological parent and other complex matters.

FAQs

How Much Does a Child Custody Lawyer Cost in Tennessee?

The cost of a child custody lawyer in Tennessee varies. However, every firm and attorney will have their own rates, and the specifics of your own custody case will also influence the cost. Some of the factors that affect legal fees include:

• How complex and resource-heavy your case is, such as whether there are any serious allegations present in the case
• The skill and experience of your attorney
• Whether the case is litigated or handled outside of court
• The location of the attorney

Who Wins the Most Custody Battles?

Ideally, neither parent “wins” custody battles, as it is preferable for parents to create a parenting plan that is in their child’s interests. Both parents have the same legal and parental rights to their children and to request custody of their children.

The court will not consider either parent’s gender. Instead, the court will consider many factors to determine if spending significant time with each parent is in the child’s interest. Working with an attorney can help you better advocate for your parental rights.

How Do I Get the Right Custody Lawyer in Tennessee?

To get the right custody lawyer in Tennessee, consider researching attorneys’ experience and abilities, as well as scheduling consultations to get a more personal understanding of your potential attorney.

When researching, consider attorney reviews, referrals from other parents and individuals you trust, and the reputation of each firm. Be sure that the attorney has a background in family law and complex custody cases. When you talk with an attorney, be sure you feel comfortable with them.

Do You Have to Pay Child Support if You Have 50/50 Custody in Tennessee?

Yes, you may have to pay child support if you have 50/50 custody in Tennessee. Equal or 50-50 parenting means that each parent will input 182.5 days of parenting time with the child.

Tennessee uses the income shares model to calculate child support payments, which means that the amount of parenting time, the number of children who need support, and each parent’s income are relevant. If parents have the same amount of parenting time, the parent with a higher income may have to pay some amount of child support.

Contact MBK for Your Clarksville Child Custody Case

If you are dealing with a grandparent or stepparent rights issue, a lawyer from our firm can help you understand your rights and protect your interests throughout the legal process. Call us at 931-919-5060 or email us to schedule a consultation.