Child Custody & Visitation
Child custody laws in the state focus on the best interest of the child and, by extension, the comparative fitness of each parent. What this means is that, besides some exceptional facts (like one parent being an illegal substance abuser or having a criminal record), the parent who can persuade a judge that the child’s best interest will be served by residing primarily with them wins custody.
It is crucial to get an experienced family law attorney on your side before engaging in any child custody battle. A Columbia child custody and visitation lawyer has the experience and skills needed to ensure that you and your child’s best interests are heard.
Whether you’re negotiating custody or addressing visitation disputes, our attorneys provide compassionate support and effective representation.
For the Children
Basic Information about Determining Child Custody
Courts must order a co-parenting schedule that allows both parents to enjoy the maximum participation possible in the lives of their children. However, maximum participation does not mean that every parent gets an equal amount of visitation. A parent’s time with their child is maximized according to what is best for that child.
If the parents of a child decide to get a divorce and both parents are equal in their ability to take care of the child, a judge is likely to order a 50/50 parenting schedule. However, if the divorce is pending and one parent is changing their address to several hours away, despite being on equal footing in their parenting abilities, judges will not order equal parenting time in this situation.
A judge could determine that the child needs to stay with the parent who is not moving, as that is the environment the child is familiar with would maintain stability for the child. After determining this, a judge could decide that the parent who moved has the majority of summer and holiday breaks with the child in an effort to maximize that parent’s time with them. A knowledgeable child visitation and custody attorney in Columbia could help ensure the co-parenting schedule is fair for the parents and child.
Changing Custody and Visitation in Columbia
There is an important difference between changing custody and changing visitation. Changing custody refers to changing the primary residential parent, while changing visitation maintains the statuses of the parents as primary residential and alternate residential, but instead alters the amount of time a child spends with each parent. Generally, it is more difficult to change custody than visitation.
Changing custody and visitation after a divorce can be as easy or difficult as the parties make it. Parents can, by mutual agreement, change their parenting plan with relative ease. However, if one parent wants to make a change to the child custody or visitation schedule that the other parent opposes, they can consult with an accomplished Columbia attorney during the initial development of the parenting plan.
Whether a parent seeks to modify custody or visitation, the standard is the same: the parent wishing to make the change must prove that there has been a material change in circumstances that drastically alters the child’s well-being. A diligent legal team could help someone determine if this standard is meat to alter a parenting or visiting schedule for a child.
Material Change in Circumstances
The first thing to prove is that there has been a material change in circumstances. This question is broken down into whether the change occurred after the entry of the order seeking to be modified, was not known or reasonably anticipated when the order was entered and is one that affects the child’s well-being in a meaningful way.
If the answer to any one of the above elements is “no,” then there has not been a material change and a court will not modify custody or visitation. If the answer to all questions is “yes,” then there has been a material change in circumstances and the court will advance to a best interest analysis.
What Could Influence a Judge’s Custody or Visitation Decision?
A judge determines what is best for a child by applying the facts heard in court to the “best interest” factors listed by the legislature. After determining what is best for a child, the court then maximizes each parent’s time with the child accordingly.
In addition to the location of the residences of the parents and the child’s need for stability, the law instructs courts to look at all relevant factors, including:
- Each parent’s relationship with the child
- The emotional needs and developmental level of the child
- Each parent’s past and potential for future performance of parenting responsibilities
- The moral, physical, mental, and emotional fitness of each parent
- Each parent’s ability to provide food, clothing, medical care, education, and other necessary care
- The child’s interaction and interrelationships with siblings and other relatives
- Each parent’s emotional ties with the child
- If any abuse or neglect is occurring
- The reasonable preference of the child if twelve (12) years of age or older
- Each parent’s employment schedule
A skilled Columbia attorney could work with a court to ensure that the child’s and parents’ needs are being met through a determination of custody or visitation.
Parenting Plans in Columbia
The best interest analysis for a custody dispute is broad, and because of this, each parent can usually find some factors that favor them. It is quite rare for a judge to hear a custody battle that is “one-sided.” The key to success is to enlist an experienced child custody and visitation attorney who is familiar with Columbia courts and judges. This way, the attorney knows which factors certain judges weigh more heavily than others and, thereby, how to prepare a case to stress those factors in a parent’s favor.
Once a judge makes an initial custody determination, whether it be in a divorce or a paternity action for non-married parents, a parenting plan is created.
What is It?
The Tennessee Parenting Plan law came into effect on January 1, 2001. The goal of this legislation is to make divorce easier on children by lessening the hostility between separated parents and encouraging them to work together for the best interest of their children. It moves away from concepts like “custody” and “visitation” and focuses on the “parental responsibilities” of each parent.
If someone has children and is divorced, chances are they have a parenting plan. A parenting plan is a tool that separated parents use to co-parent their children. It is typically a nine page document that outlines the rights and responsibilities of each parent and covers the gamut of issues, including:
- Day-to-day visitation
- Holiday visitation
- Child support payments
- Decision making
- Who gets the Federal Income Tax exemption
- Health and dental insurance
- Life insurance
- Parental relocation
More information about the Tennessee Parenting Plan can be found on the Tennessee Administrative Office of the Courts’ website.
Your Children Deserve the Best
Call a Columbia Child Custody and Visitation Attorney Now
Contact Parks, Bryant & Snyder, PLLC for guidance in creating and maintaining custody arrangements that prioritize your child’s well-being.
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