Woodbury Child Custody Lawyer

Experienced Child Custody Attorney in Woodbury, TN

Lying eyes on your child for the first time is a heavy moment. Unfortunately, the joy and love that surround your child when they enter the world can get lost when the parents find themselves at odds with one another. Unfortunately, that disagreement can put the child in the middle of arguments and even in the middle of who they will live with. If you are in a custody battle, hire a Woodbury child custody lawyer who understands the delicacy of the issue.

Hire a Child Custody Lawyer

Boss Law was created with the goal of providing empathetic and competent legal services to those who need them most. Our team understands the complexities of child custody cases, and we work with our clients to focus on the issues that matter in support of your child instead of allowing you to be pulled into a blame game with the other parent. We advocate on your behalf to help you, and your child take the right step forward.

During custody cases, children require as much stability as possible. It’s important to hire a child custody lawyer to help maintain your parental rights and the well-being of your child. They’ll have the necessary skills needed to navigate the intense emotions of your case, allowing both you and your child’s other parents to communicate healthily.

Requiring patience, empathy, and careful handling to make sure your parental rights are protected, these cases need the support of a team you can trust to keep your interests in mind. With over two decades of experience, the team at Boss Law has the knowledge and experience you can count on.

Our Woodbury custody attorneys help parents with:

• Initial custody and parenting plan cases during a Woodbury divorce
• Custody and visitation for unmarried parents, including fathers’ rights and mothers’ rights
• Parenting plan modifications and enforcement
• Parental relocation disputes
• Cases involving domestic violence or safety concerns
• Related child support issues

Different Types of Child Custody in Tennessee

55 miles south of Nashville lies the small town of Woodbury, home to families that enjoy the area’s stunning countryside views and laidback lifestyle. In 2024, 26% of Woodbury’s population was under 18. With the town only having 2,774 residents that year, children make up a major portion of the population.

Child custody cases are generally overseen at the Cannon County Courthouse, located at 220 West Main Street. During your case, the court won’t favor any specific type of custody. Instead, they’ll always act in the best interests of the child involved in the case. Custody in Tennessee can be either:

• Joint custody. This type of custody means the child will live with either parent on a rotating schedule that works for the child’s needs.
• Sole custody. This type of custody means the child will live only with one parent, but the non-custodial parent will likely have visitation rights.

If both parents can agree on joint custody outside of legal procedure, the courts will likely approve it unless they find it is not in the child’s best interests.

Legal Custody vs. Physical Custody

Custody has two parts. Physical custody is where the child lives day to day and how parenting time is divided. Legal custody is the authority to make major decisions about the child’s education, non-emergency health care, religious upbringing, and extracurricular activities. Parents can share legal decision-making even when the child lives mostly with one parent.

Primary Residential Parent and Alternative Residential Parent

Tennessee parenting plans use the terms primary residential parent (PRP) and alternative residential parent (ARP) instead of “custodial” and “non-custodial.” The PRP is the parent the child lives with more than 50% of the time. The ARP still has important statutory rights, including reasonable phone contact with the child, access to school and medical records, and notice of significant medical events.

Temporary Custody While Your Case Is Pending

Because custody cases can take months, the court can enter a temporary parenting plan that controls where the child lives and the parenting schedule until a permanent plan is approved. Following a temporary order exactly matters — judges often look at how each parent handled it when making the final decision.

Where Custody Cases Are Heard in Cannon County

Cannon County is part of Tennessee’s 16th Judicial District, which it shares with Rutherford County. Custody issues raised in a divorce are handled in the Cannon County Circuit or Chancery Court, while custody and visitation disputes between unmarried parents are typically heard in Cannon County Juvenile Court. The Cannon County Circuit Court Clerk processes filings for the circuit, general sessions, and juvenile courts at the courthouse on West Main Street.

Tennessee Child Custody Laws

In 2022, there were 10.9 million families run by single parents throughout the United States. Of these single-parent families, 80% were led by a mother. However, courts in Tennessee don’t favor one parent over the other during custody cases.

Courts want both parents to be involved in the child’s life as much as possible. When deciding on the type of custody to award, courts may factor in:

• The relationship each parent has with the child
• Each parent’s ability to financially and emotionally provide for their child
• Where the child currently lives and the stability of their life
• The mental and physical health of each parent
• The age of the child
• The familial units in each parent’s household, such as other children or partners
• Any domestic abuse, both past and present
• Each parent’s willingness to encourage a close relationship between the child and the other parent
• Which parent has been the child’s primary caregiver
• The child’s ties to school, church, extended family, and the Woodbury community
• Each parent’s work schedule and availability
• The reasonable preference of a child who is 12 or older

These factors come from Tenn. Code Ann. § 36-6-106, which requires the court to order an arrangement that allows both parents “the maximum participation possible” in the child’s life consistent with the child’s best interests. A judge must consider the preference of a child 12 or older and may hear a younger child’s preference on request, but no child decides where they live. In contested cases, the court may also appoint a guardian ad litem to investigate and represent the child’s interests.

The Importance of a Parenting Plan

During a child custody case, both parents must create a parenting plan that details their ideas around parental responsibilities for their child. This plan should include things such as:

• Where the child will live and the extracurricular activities of the child
• Where the child will go to church or school, such as attending the Cannon County elementary, middle, and high school
• Where the child will receive medical care
• How holidays, birthdays, and other special occasions will be spent
• Pick-up and drop-off times for each parent
• Summer plans for the child
• Any other information relevant to the child’s unique lifestyle
• Who makes major decisions about education, health care, and religion
• How parents will communicate and resolve future disagreements
• Health insurance, uncovered medical costs, and child support
• Which parent claims the child as a dependent for tax purposes

When working out a custody arrangement, a parenting plan created by each parent can help the court decide on an ideal plan for the child.

Tennessee also requires divorcing parents to complete a court-approved parent education seminar, and in most cases parents must attempt mediation before a judge will hold a contested hearing on the parenting plan. Mediation can be waived where there is a history of domestic abuse.

How a Child Custody Case Works in Cannon County

Every case is different, but most Woodbury custody matters follow these steps:

1. Consultation and strategy. Your attorney reviews your family’s situation, goals, and any safety concerns.
2. Filing. A divorce complaint or custody petition is filed with the Cannon County court and served on the other parent.
3. Temporary parenting plan. The court may set a temporary schedule while the case is pending.
4. Parent education and discovery. Parents complete the required seminar and exchange information such as school records, schedules, and communications.
5. Mediation. Parents work with a neutral mediator to try to agree on a permanent parenting plan.
6. Hearing or approval. If parents agree, the judge reviews and approves the plan. If not, the judge decides after a hearing based on the § 36-6-106 factors.
7. Final order. The permanent parenting plan becomes a court order that both parents must follow.

Custody Rights for Unmarried Parents in Woodbury

When parents are not married, the father must legally establish paternity before a court can award him custody or parenting time. Paternity can be established by signing a Voluntary Acknowledgment of Paternity or through a paternity action, which is often handled in Cannon County Juvenile Court. Once paternity is established, both parents stand on equal footing, and the court applies the same best-interest factors used in divorce cases. Boss Law represents both fathers and mothers in these cases, as well as LGBTQ+ parents.

Modifying or Enforcing a Custody Order

Life changes, and parenting plans sometimes need to change with it. To modify a custody order in Tennessee, the parent requesting the change must show a material change in circumstances since the last order and that the new arrangement is in the child’s best interests. Common reasons include a new job schedule, a parent’s relocation, concerns about the child’s safety, or a parent repeatedly ignoring the plan. See our post-divorce modifications page for more.

If the other parent is withholding the child or refusing to follow the schedule, you can ask the court to enforce the order through a petition for contempt. A child visitation lawyer can help you document violations and restore your parenting time.

Moving Away From Woodbury With Your Child

Tennessee’s parental relocation law, Tenn. Code Ann. § 36-6-108, applies when a parent wants to move out of state or more than 50 miles from the other parent. The relocating parent must send written notice by registered or certified mail at least 60 days before the move, including the new address and the reason for moving. The other parent then has 30 days to file a petition opposing the move. If a petition is filed, the court decides whether relocation is in the child’s best interests.

If both parents live in different states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) generally gives jurisdiction to the child’s “home state” — where the child has lived for the six months before the case is filed.

Grandparent Visitation in Tennessee

Grandparents in Cannon County may ask the court for visitation in limited situations, such as when a parent has died, the parents are divorced or separated, or the grandparent had a significant existing relationship with the child that a parent has cut off. The grandparent must show that losing the relationship would likely cause the child substantial harm. Learn more about grandparents’ rights.

How to Strengthen Your Custody Case

• Keep a parenting journal of parenting time, missed exchanges, school events, and medical appointments.
• Communicate in writing and stay respectful. Assume every text or email may be shown to the judge.
• Follow temporary orders exactly, including pick-up and drop-off times.
• Stay involved in school, activities, and doctor visits.
• Stay off social media when it comes to the case or the other parent.

For a detailed checklist, read how to prepare for your child custody case

FAQs

Which Type of Lawyer Is Ideal for a Child Custody Case?

A family lawyer with experience in successful child custody cases is essential for a child custody case. If you work with a lawyer who only deals in divorce or domestic violence cases, they won’t have the necessary experience needed for your unique case. Be sure to consult with your attorney about their history with child custody cases and their knowledge of the legal process.

What Looks Bad in a Child Custody Case?

In a child custody case, it can look bad if you have a bad relationship with the child’s other parent, such as a history of arguing, demeaning them as a parent during official court proceedings, and other inappropriate behavior. While emotions may be high, it’s important to put your feelings aside and keep it objective. If you have poor communication with them, such as calling them names over text, they may use that against you in your custody case.

Posting about the case or the other parent on social media, missing scheduled parenting time, and ignoring a temporary parenting plan can also hurt your case, because Tennessee judges weigh each parent’s willingness to support the child’s relationship with the other parent.

How Can Mediation Help Me During My Child Custody Case?

Mediation can help you during your child custody case by allowing you and the child’s other parents to work through your case without court interference. Mediation is led by a professional mediator, who allows both parties to communicate healthily about their legal issue. This process allows you to control the outcome of your case and is confidential. It can also help provide a healthy basis for you both as co-parents for your child.

In most Tennessee custody cases, parents are required to attempt mediation before a contested hearing, although courts can excuse mediation where there is a history of domestic abuse.

What Makes a Parent Unfit in Tennessee?

In Tennessee, a parent may be deemed unfit to have custody of their child if they were convicted of crimes against children, such as child abuse or sex crimes. However, they may still get supervised visitation. An unfit parent may also be one who has abandoned their child for over 18 months, but still may get limited visitation rights, unless the child is in the custody of the Department of Children’s Services.

At What Age Can a Child Choose Which Parent to Live With in Tennessee?

No child gets to make the final decision. Under Tenn. Code Ann. § 36-6-106, a Tennessee judge must consider the reasonable preference of a child who is 12 years of age or older and may hear the preference of a younger child upon request. Older children’s preferences normally carry more weight, but the judge still decides based on the child’s best interests.

What Is the Difference Between a Primary Residential Parent and an Alternative Residential Parent?

In a Tennessee parenting plan, the primary residential parent is the parent the child lives with more than 50% of the time, and that parent’s address is typically used for school zoning. The alternative residential parent has the child less than half the time but keeps important rights, including access to school and medical records and reasonable phone contact with the child.

How Long Does a Child Custody Case Take in Cannon County?

Timelines depend on whether parents agree. An uncontested case with an agreed parenting plan can move quickly, although Tennessee requires a 90-day waiting period for divorces involving minor children. Contested cases that require mediation, discovery, and a hearing in Cannon County can take several months or longer. A temporary parenting plan usually governs the schedule while the case is pending.

Can I Move Away From Woodbury With My Child After a Custody Order?

Possibly, but you must follow Tennessee’s parental relocation statute. If you plan to move out of state or more than 50 miles from the other parent, Tenn. Code Ann. § 36-6-108 requires written notice by registered or certified mail at least 60 days before the move. The other parent then has 30 days to file a petition opposing the relocation.

Woodbury Child Custody Lawyer

When dealing with the complexities of Tennessee law and the effects it can have on your family in Woodbury, you need an empathetic lawyer with years of experience. The team at Boss Law is here to help. Contact our Murfreesboro office today to schedule a confidential consultation with one of our skilled attorneys.

New clients who are more comfortable speaking in Spanish can work with our lead attorney to access our bilingual legal services.