Child Custody

Franklin & Nashville Child Custody Lawyers

What happens to the children is often one of the most contentious points in a divorce settlement. Parents want what is best for their child, yet the circumstances of divorce leave much to be decided. Garrett Talley & Thorington has served the people of Franklin and the Greater Nashville Area since 1973. We are here to give you a voice in child custody decisions. Our lawyers listen to your concerns with an understanding and compassionate ear and develop a strategy to represent your interests at the negotiating table—and, if necessary, in the courtroom. 

Call Garrett Talley & Thorington or contact us online today to schedule a consultation with our Franklin & Nashville child custody attorneys.

Share Your Experience with Garrett Talley & Thorington Proudly Serving Franklin & Nashville with Trusted Legal Expertise

If we’ve earned your trust, we’d be honored if you left us a 5-star review. Your feedback helps others in our community find reliable legal support—and it means the world to our team.

Types of Child Custody in TN

Child custody in Tennessee is divided into two primary categories—legal custody and physical custody. Each category can be further classified as sole or joint, depending on the arrangement agreed upon by the parents or ordered by the court. 

Legal Custody

Legal custody refers to a parent’s authority to make significant decisions regarding a child’s upbringing, including matters related to education, healthcare, religion, and other major aspects of the child’s life. 

In Franklin, courts typically require parents who share legal custody to communicate regularly and reach agreements on key topics. If communication breaks down, the court may assign specific areas of decision-making to each parent to reduce conflict and maintain stability for the child.

Physical Custody

Physical custody determines where the child lives on a day-to-day basis. The parent with physical custody is responsible for providing a home and managing the child’s daily routine. 

Physical custody arrangements in Williamson County can look different for each family. Some parents alternate weeks, while others divide holidays or school breaks in a way that minimizes disruption to the child’s life. Local courts prioritize the child’s routine and proximity to schools and support systems.

Sole Custody

Sole custody means one parent has primary responsibility for the child. This can apply to both legal and physical custody or just one. If a parent is awarded sole physical custody, the child resides primarily with that parent, while the other parent may receive visitation rights. Sole custody is typically granted when shared arrangements are considered impractical or not in the child’s best interests.

Local judges weigh many factors before awarding sole custody in Franklin or Nashville. Documented concerns about safety, instability, or parental absence usually play a major role. The goal remains to create an environment where the child can thrive, free from ongoing conflict or risk.

Joint Custody

Joint custody fosters the involvement of both parents in their child’s life. Joint physical custody does not always mean an equal time split between parents, but it aims to ensure that the child maintains meaningful contact with both. Scheduling agreements, such as alternating weeks or weekends, focus on the child’s needs and practical circumstances. Joint legal custody involves shared decision-making responsibilities, requiring both parents to collaborate on important matters affecting the child.

Courts in Franklin and the greater Nashville area frequently encourage joint custody, especially when both parents demonstrate an ability and willingness to cooperate. The court may create a detailed parenting plan tailored to the realities of the family's work, school, and activity schedules in Middle Tennessee.

Factors Involved in Child Custody Decisions 

Tennessee courts base child custody decisions exclusively on the perceived best interests of the child. How is that determined? The standard is subjective, but judges typically consider the following factors:

Judges in Franklin and Williamson County follow the state guidelines but also take into account each community’s resources, such as access to schools, family support, and neighborhood safety. The character of local schools, the child’s ties to community organizations, and access to healthcare providers may affect how a judge evaluates a proposed custody arrangement. The courts view every family as unique, and understanding local realities ensures that arrangements reflect both statutory requirements and practical day-to-day needs.

The Child’s Relationship with Each Parent

The court evaluates the depth and quality of the relationship between the child and each parent. Judges consider which parent has historically provided daily care, guidance, and emotional support, as well as the strength of the bond shared between the child and each parent.

Each Parent’s Ability to Provide for the Child

A critical factor is a parent’s ability to meet the child’s physical, emotional, and developmental needs. The court looks at factors such as each parent’s financial stability, ability to provide a safe and nurturing home environment, and willingness to prioritize the child’s needs above their own.

The Child’s Adjustment and Well-Being

The court assesses the child’s current adjustment to their home, school, and community. Preserving stability is key, and judges are often cautious about making changes that could disrupt the child’s sense of security or daily routine.

A History of Abuse or Neglect

Any history of abuse, neglect, or domestic violence can significantly influence custody decisions. A parent with a documented pattern of behavior that jeopardizes the child’s safety is unlikely to be granted custody, as the court prioritizes the child’s protection.

The Child’s Reasonable Preference

If the child is of sufficient maturity and age, Tennessee courts may consider their reasonable preference. While the child’s wishes are not the sole determining factor, they can be an important consideration that demonstrates respect for the child’s perspective.

Each Parent’s Schedule 

A parent’s ability to spend meaningful time with the child and manage caregiving responsibilities is carefully examined. Unrealistic work schedules or frequent absences can influence the court’s decision, as custody arrangements should support strong parental involvement.

Proximity to the child’s school, work flexibility, and support networks in Franklin or Nashville can make a substantial difference in the feasibility of a proposed schedule. The court considers how each parent’s availability matches up with the child’s daily needs and commitments.

Frequently Asked Questions

How long does the child custody process take in Franklin?

The timeline varies, but most Franklin child custody cases resolve within several months. If parents agree early, it may be quicker; however, contested matters or modifications that require hearings could take longer, depending on the court’s schedule and complexity.

Can children choose which parent to live with in Williamson County?

Children may voice preferences if they are old enough and mature, but the court ultimately evaluates those wishes along with other factors. Judges in Williamson County may privately interview the child to ensure the preference is genuine and in the child’s best interests.

Do I need to live in Williamson County to file for custody?

Generally, you need to meet residency requirements to file in Williamson County, which for most families means that the child or at least one parent must reside within the county. Verifying local jurisdiction ensures your custody matter is heard in the correct court.

What to Expect from Mediation in Franklin Child Custody Cases

In Franklin, courts often refer parents to mediation before a contested custody case proceeds to trial. Mediation gives families a chance to resolve disagreements in a neutral setting with the help of a trained mediator. By negotiating outside of court, parents may craft more flexible and creative solutions that account for the specifics of their schedules, children’s activities, and evolving family needs. This step can also reduce court costs and emotional strain for all parties involved.

While mediation encourages cooperation, it does not strip the court of its ability to review and approve the final parenting plan. If parents cannot reach consensus, the matter goes before a judge, who will make a final determination based on the child's best interests. Our office helps prepare families for mediation by outlining expectations, clarifying goals, and discussing strategies tailored to the procedures of the Williamson County courts. Successful mediation often sets the stage for a smoother transition to the new family arrangement, while failed mediation ensures all parties are fully heard before a judge’s review.

Modifying Custody Orders in Williamson County

Life changes often prompt families to revisit child custody arrangements, especially in a dynamic community like Franklin. Tennessee courts require a material change in circumstances to consider modifying an existing order. This might include a significant shift in a parent’s work schedule, a proposed relocation, or changes in the child's needs or wishes. Courts in Williamson County examine the new facts in light of the child’s best interests and expect thorough documentation to support requests for modifications. The process usually involves filing a petition and, in some cases, attending mediation or court hearings before a judge will decide on changes to the plan.

We help families evaluate if a modification is likely justified under local standards, prepare the documentation required by the court, and address questions about potential impacts on daily routines. Thorough preparation and a clear understanding of what the court needs to see can make all the difference when seeking adjustments to a custody arrangement in Franklin.

Call us at (629) 245-2933 today to schedule a consultation with our Franklin & Nashville child custody attorneys.

 Continue Reading Read Less

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.

  • Dedicated to Protecting Your Future
    Whether you're facing divorce, custody, or another family law matter, we’re here to secure the best outcome for you and your family.
  • Personalized Advocacy for Every Client
    No 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.
  • 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.
  • Proven Legal Experience You Can Trust
    With decades of combined experience, our attorneys deliver reliable, results-driven representation in even the most complex cases.
  • Compassionate Counsel When It Matters Most
    We understand the emotional weight of family law matters and provide empathetic guidance tailored to your unique circumstances.

Contact Garrett Talley & Thorington Today!

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please make a selection.
  • By submitting, you agree to receive text messages from Garrett Talley & Thorington at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy