Advocacy in Parenting Arrangements
Child Custody Determination in Divorce and Post-Divorce Modifications
If you are getting divorced in Memphis, the impact on your children is probably uppermost in your mind. Who gets primary custody? What will the visitation arrangements be? How will the kids be affected by the process?
At Becker Law Offices, we aim for out-of-court custody agreements that minimize the impact on children of divorce and preserve a healthy ongoing relationship between the parents. Memphis, Tennessee family law attorney Misty D. Becker helps negotiate a workable parenting plan and represents your interests in contested proceedings.
Call 901.881.8716 for a consultation to discuss divorce, custody and visitation or modifications to your existing parenting arrangement. Ms. Becker represents mothers and fathers, both, in the Memphis area and across Shelby, Fayette and Tipton counties.
Custody Disputes and Parenting Plans
The best scenario is a parenting plan negotiated without Court intervention. A mutual agreement that looks toward the future is less expensive, less stressful for you and the kids and less likely to cause friction or litigation later. Misty D. Becker can advise on how a court would likely rule — typically, the parent who has provided care usually is named the primary residential parent regardless of earning capacity — and work from that assumption toward a reasonable agreement, depending upon the circumstances.
Parenting plans can be built around a standard visitation schedule (alternate weekends, one overnight a week, extra time on holidays and summer vacation). Increasingly, Ms. Becker negotiates customized agreements for clients with non-standard work schedules (doctors and nurses, police officers, airline pilots and out-of-state clients). She also can help negotiate a shared custody plan that splits parenting time that is approximately equally and is creative enough to allow both parties to receive what they want out of a Plan.
The alternative is to let the Court determine the outcome and take all the control out of the hands of the parties. In some instances, that is the only way. Custody litigation could be the greatest cost in any divorce, especially if a guardian, an attorney for the children, is appointed for the children and battling experts are hired to testify as to who is more fit for primary parenting time or custody. Litigation also poisons the co-parenting relationship and pulls children into the middle. However Misty D. Becker realizes that a custody battle is sometimes unavoidable and very necessary and she is prepared to fight for you and the best interests of your children to limit the possible damage litigation may cause.
Custody Modifications
The court will alter custody if there is a substantial and material change in the child's circumstances — abuse, problems at school, behavioral problems or a detrimental home environment. The court will investigate and may award sole custody or "primary" custody to the other parent.
Relocating out of Tennessee with the children also requires the noncustodial parent's permission or the Court's permission of the other parent does not agree to the relocation. The Court considers, among other things, the amount of parenting time, the children's ties to the present area and the reasons for the move. Is the custodial parent relocating for vindictiveness or other selfish reasons? Or has the parent found a better job, a better school for the child or is remarrying? Just to name a few. You need a strong and experienced advocate for any contested custody proceedings.
Please note that I use the term "custody." However, Tennessee refers to "custody" as the primary residential parent status, or custodial parent, and alternate residential parent status, or noncustodial parent, instead of using the terms custody and custodial parent unless you are in Juvenile Court. The primary residential parent is the parent that you would consider with the child the majority of the time or primary custody.
Juvenile Court has its own set of rules and language quirks, but many of the requirements for custody modification are the same as those for divorce above. However, Juvenile Court is usually for non-married parties and does presume that the "mother" has custody, and thus, a father must request enforceable rights from the Court if the mother will not allow parenting time.
Juvenile Court allows you to establish paternity, child support and visitation. However, each step must be brought by the party seeking to enforce it, to get it. Dad, if you want to enforce your visitation, get an order from Juvenile Court. Mom, you also get your support order from Juvenile Court, after you establish paternity.
Finally, seperated married mothers or fathers can come to Juvenile Court to get child support if they are unable to file for divorce but need the support.
Contact Misty Becker today for a confidential consultation about divorce and child custody.
