Child Custody

Establishing Child Custody in Nashville, TN

Planning for parenting after divorce or separation

Even if you and your spouse are still on fair terms, hashing out a plan for the care and custody of your minor children can be a challenging process. In cases in which the parties cannot work together to effectively co-parent or where there are serious concerns about the parenting ability of one or both parties, disputes can become very complicated indeed. Our attorneys at Miller Upshaw Family Law, PLLC have handled these challenging cases for more than 30 years combined. We know how to determine what the real issues and motivations are during negotiation. With considerable experience litigating child custody in Tennessee family courts, we know how the courts tend to apply the state’s highly subjective standards.

Common child custody issues

Managing any type of child custody arrangement is an ongoing process. Our attorneys provide counsel and representation to parents in the Nashville area from the initial divorce complaint to ongoing modification and enforcement matters after the divorce is final:

  • Obtaining full custody — In Tennessee, there is a primary residential parent and an alternate residential parent.  The primary residential parent is the parent with whom the children spend the majority of his or her time. In many cases, asking to be the primary residential parent of your children means a fight in court. As seasoned litigators, our attorneys represent parents seeking to be the primary residential parent as well as parents resisting his or her spouses’ attempts to shut them out of their children’s lives.
  • Joint custody — The term “joint custody” means different things to different people.  In your case, it may mean that you want to have your children 50% of the time.  It may also mean that regardless of the residential schedule worked out, you want to have joint decision-making in the major areas of your children’s lives. Even when the parties can agree to joint custody, hashing out the details and deciding who will be the primary residential parent and who will be the alternate residential parent still can be a challenge. We can help willing parents negotiate comprehensive parenting plans while still remaining prepared to litigate if necessary.
  • Custody between unwed parents — Outside the context of marriage, allocating custody between unwed parents raises the additional issue of paternity and other complications. Nevertheless, unwed parents generally enjoy the same rights as divorcing parents.
  • Modifying child custody — While preserving stability for children is important, the law recognizes that situations change and parenting plans and other child custody orders are not written in stone. The law allows changes in the parenting plan, but only upon a showing of a material change of circumstances since the entry of the parenting plan.  Proving a material change of circumstances can be a difficult hurdle.  At Miller Upshaw Family Law, PLLC, we assist clients in Nashville and the surrounding area in modifying child custody orders by either negotiating changes and submitting them for court approval or by litigating for modification if an agreement cannot be reached.

Call us to learn about your rights after divorce or separation

Resolving child custody issues that arise after divorce is never easy. However, with years of experience helping clients in the Nashville area confront this sensitive issue, our attorneys at Miller Upshaw Family Law, PLLC know how to resolve your issues and promote the best interests of your children. Located on Woodland Street in historic Edgefield, our Nashville office is within sight of the courthouse with free parking. Call us today at 615-454-9899 or contact us online to schedule a consultation with an experienced attorney.

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