Parental Rights Lawyer in Nashville
Protecting Your Relationship With Your Child Since 1973
When your role as a parent feels uncertain, every conversation, message, or court notice can be frightening. If you’re looking for a parental rights attorney in Nashville parents can turn to for clear guidance, you’re likely worried about what the future holds for you and your child.
At Garrett Talley & Thorington, we know how deeply your identity is tied to being a parent. Since 1973, our family law firm in Franklin has helped mothers and fathers across the Greater Nashville area navigate custody, visitation, and parental rights matters under Tennessee law. Our goal is to protect your relationship with your child while working toward practical, lasting solutions.
Call us at (629) 245-2933 to schedule a consultation with our Nashville parental rights lawyers.
How We Help Parents at Every Stage
Parents come to us at many different points in the process. Some are preparing for a divorce in Nashville or Franklin and want to understand how parenting time might be shared. Others already have a parenting plan and are facing a proposed change, a relocation request, or repeated violations of the schedule. Some have never been married to the other parent and need to establish paternity and clear rights before the court can address anything else.
Unmarried fathers face a specific threshold before parenting time or custody can be pursued. Under Tennessee law, custody of a child born to an unmarried woman defaults to the mother. An unmarried father must legally establish paternity first, through a Voluntary Acknowledgment of Paternity or a court proceeding, before the court can address a parenting schedule or decision-making authority. We help unmarried parents in Nashville and throughout Davidson County understand and move through that process.
We start by listening carefully to your story. Our attorneys review existing orders, relevant communications, and background facts so we can see the full picture. We then walk you through how Tennessee law applies to your situation and talk openly about what outcomes may be realistic in the courts where your case will be heard.
Understanding Parental Rights Under Tennessee Law
Tennessee courts apply a best-interest-of-the-child standard when creating or modifying parenting arrangements, as codified in T.C.A. 36-6-106. That standard doesn’t favor either parent based on gender. Under Tennessee law and constitutional principles, a parent’s sex may not be used as a presumption for or against custody. Mothers and fathers are evaluated on the same evidentiary basis.
In most cases involving minor children, the court is required to adopt a Permanent Parenting Plan under T.C.A. 36-6-404. This document is the controlling instrument for how parents share time and responsibility. It identifies the primary residential parent and the alternative residential parent, sets a schedule for regular parenting time along with holidays and school breaks, and allocates decision-making authority over education, medical care, extracurricular activities, and religious upbringing.
Davidson County Circuit Court and Juvenile Court both handle parenting and family matters in Nashville. When evaluating what arrangement serves the child, judges consider factors including:
- Caregiving history: which parent has been the primary caregiver and how each parent has performed that role
- Emotional bonds: the strength of the relationship between each parent and the child
- Home stability: the continuity and consistency each parent can provide
- Co-parenting willingness: each parent’s demonstrated willingness to support the child’s relationship with the other parent
- Safety concerns: any history of domestic abuse, substance use, or other risk factors
- Child’s preference: under T.C.A. 36-6-106, a child 12 or older may have their preference considered; older children’s preferences typically carry more weight, though the court isn’t bound by them
What to Do If Your Rights Are Threatened
Parents often reach out to us after a crisis moment: served with court papers, denied scheduled parenting time, or receiving a message from the other parent threatening to move away with your child. In these moments, the urge to react quickly is understandable, but the steps you take next can affect your case.
Don’t violate any current court orders, even if you believe the other parent is being unfair. Courts look closely at which parent respects the existing parenting plan. Complying with your side of the order strengthens your position, while self-help actions, such as withholding the child or refusing exchanges, can create serious problems later.
Keep a calm record of what is happening, including dates, times, and copies of messages or emails. Avoid posting about the conflict on social media or involving your child in adult discussions about the case. If you receive legal papers, note any response deadlines immediately. Missing one can limit your options.
Frequently Asked Questions
Can I Lose My Parental Rights in Tennessee?
Parental rights can be limited or terminated in Tennessee, but this occurs only in serious circumstances with specific legal grounds. Courts look closely at safety, neglect, and other statutory factors. If you’re worried about this possibility, meet with an attorney as soon as possible.
How Do Nashville-Area Judges Decide Custody?
Judges in Davidson County apply a best-interest-of-the-child standard under T.C.A. 36-6-106. They consider each parent’s caregiving history, the child’s needs, the stability of each home, and each parent’s willingness to support the child’s relationship with the other parent. Under Tennessee law and constitutional standards, no gender presumption is permitted.
Can You Help If There Is Already a Parenting Plan?
Yes. We regularly assist parents who already have a parenting plan from a Tennessee court. We can review your current orders, advise you on modification or enforcement options, and work with you to pursue changes that reflect your child’s current needs.
What Can I Do If the Other Parent Is Violating the Parenting Schedule?
You can seek enforcement through Davidson County courts. A motion for contempt asks the court to address the noncompliance directly and can result in make-up parenting time, attorney’s fees, or other remedies. Until a modification is granted, the existing order remains in force and both parents are bound by it. Parenting time and child support are legally separate matters in Tennessee, so a dispute over one doesn’t justify withholding the other.
Talk with Our Team About Your Rights
If you’re worried about protecting your role as a parent in the Nashville area, you don’t have to face the legal system alone. At Garrett Talley & Thorington, we help parents understand their options, prepare for court, and work toward parenting arrangements that support both their children and their own future.
With more than five decades of family law service in Franklin and across Middle Tennessee, our firm combines local insight with a client-centered approach. We offer in-person and virtual appointments so you can connect with us in the way that works best for you.
Call us at (629) 245-2933 to schedule a consultation with our Nashville parental rights attorneys.
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Modifying & Enforcing Parenting Plans in Davidson County
A Permanent Parenting Plan entered by a Tennessee court is a binding legal order, not a starting point for negotiation. Life changes, though, and Tennessee law provides a path to modification when circumstances genuinely warrant it.
When Modification Is Permitted
Under T.C.A. 36-6-101, a court may modify an existing parenting plan when two conditions are met: there has been a material change in circumstances since the original order, and the proposed modification serves the child’s best interest. A material change is something substantial and ongoing, not a minor disagreement or temporary inconvenience.
Situations that may support a modification request include:
- Significant parental relocation that disrupts the existing parenting schedule
- Persistent interference with parenting time by one parent over a documented period
- Changes in a child’s needs related to school, health, or development that the current plan no longer addresses
- New safety concerns such as substance abuse or domestic violence that have emerged since the order was entered
What Happens Until a Modification Is Approved
Until the court approves a modification, the existing order controls. A parent can’t unilaterally adjust the schedule, even if the other parent is failing to comply. Tennessee law also treats parenting time and child support as legally separate obligations. A dispute over one doesn’t justify withholding the other.
When a parenting schedule is violated, enforcement is available through Davidson County Circuit Court. A motion for contempt asks the court to formally address the noncompliance, which can result in make-up parenting time, attorney’s fees, or other court-ordered remedies. We assist Nashville-area parents with both modification petitions and enforcement actions, working to protect the parenting arrangement that supports their child’s stability.
Parental Rights for Unmarried Parents in Nashville
For parents who were never married to each other, parental rights in Tennessee don’t arise automatically. The legal process begins with establishing paternity, and until that step is complete, an unmarried father has no court-recognized right to parenting time, custody, or decision-making authority over the child.
How Paternity Is Established in Tennessee
Under Tennessee law, custody of a child born to an unmarried woman defaults to the mother. The path forward for an unmarried father runs through legal parentage. Paternity can be established voluntarily, through a Voluntary Acknowledgment of Paternity signed at the hospital or through the state, or through a court proceeding in which genetic testing may be ordered if paternity is disputed.
In Nashville, a complaint to establish parentage is typically filed in Davidson County Juvenile Court. The Juvenile Court Parentage Team, funded under Title IV-D of the Social Security Act, handles paternity establishment and associated orders covering parenting responsibilities, child support, and visitation. Both the mother and a man claiming to be the biological father have standing to file.
Rights That Follow Once Paternity Is Established
Once paternity is established, an unmarried father can petition the court for a Permanent Parenting Plan setting out residential time and decision-making authority. During contested proceedings, a temporary parenting plan may be put in place while the court works toward a permanent order. Even a parent without primary physical custody retains legal rights under a recognized parenting order, including access to school and medical records and a court-ordered visitation schedule.
We assist unmarried parents throughout the Nashville area and Davidson County with paternity establishment and the full range of parental rights matters that follow. Whether you’re a father seeking to assert your rights for the first time or a mother navigating a parentage proceeding, our team has served families in this region since 1973 and understands how these cases move through the local courts.
Our Core Values
Guiding Every Case with Integrity and Purpose
At Garrett Talley & Thorington, our values aren’t just words—they’re the foundation of how we serve our clients. From honest communication to strategic advocacy, these principles shape every decision we make and every relationship we build.
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Dedicated to Protecting Your FutureWhether you're facing divorce, custody, or another family law matter, we’re here to secure the best outcome for you and your family.
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Personalized Advocacy for Every ClientNo two families are the same. We take the time to understand your story and craft a legal approach that protects what matters most to you.
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Clear Communication. Strategic Guidance.We keep you informed every step of the way, offering honest advice and a well-defined legal strategy built around your goals.
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Proven Legal Experience You Can TrustWith decades of combined experience, our attorneys deliver reliable, results-driven representation in even the most complex cases.
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Compassionate Counsel When It Matters MostWe understand the emotional weight of family law matters and provide empathetic guidance tailored to your unique circumstances.