Child Custody Attorneys in Knoxville, Tennessee

How Is Child Custody Decided in Tennessee?

Under Tennessee law, any court order involving minor children must include a parenting plan that clearly defines each parent’s rights, responsibilities, and decision-making authority regarding the children. Without the assistance of an experienced child custody attorney in Knoxville, TN, negotiating and finalizing a parenting plan during an already emotional divorce can be challenging and overwhelming.

Whether you are establishing an initial custody arrangement as part of a divorce, seeking custody after paternity has been established, or pursuing a modification of an existing parenting plan or primary residential parent designation, Tennessee courts are required to make custody decisions based on one guiding principle — the best interests of the child.

The “Best Interests of the Child” Standard

Under Tennessee Code Annotated §36-6-106, courts must enter custody arrangements that allow both parents to have the maximum participation possible in their child’s life, so long as doing so is consistent with the child’s well-being and stability. We strongly encourage parents to review T.C.A. §36-6-106 to understand the many factors that judges and chancellors consider when determining custody — including the emotional ties between parent and child, each parent’s ability to provide for the child, and the child’s adjustment to home, school, and community.

Initial Custody Determination

In an initial custody determination — whether as part of a divorce or following a paternity action — the court will conduct a comparative fitness evaluation in accordance with T.C.A. §36-6-106. This evaluation involves examining the relative abilities of each parent to meet the child’s needs and promote their best interests. After hearing the evidence, the court will issue detailed findings of fact and conclusions of law, explaining its reasoning and conclusions. Ultimately, the court must designate one parent as the Primary Residential Parent (PRP) and the other as the Alternative Residential Parent (ARP).

Modifying Custody or Parenting Plans

Once an initial custody order is in place, circumstances may change over time. A parent may file a petition to modify custody or adjust the parenting plan if there has been a material change in circumstances. To succeed, the parent must first prove that such a change exists and then demonstrate that the proposed modification serves the best interests of the child.

Why Legal Representation Matters

Every custody case is unique — just as every child is unique. What worked for someone else’s case may not work for yours. Relying on another person’s experience or advice can lead to costly mistakes. That’s why it’s crucial to have experienced legal representation from the very beginning of your case.

At Wykoff & Sikes, our seasoned child custody attorneys provide compassionate guidance and strategic advocacy tailored to your situation. We will explain how Tennessee law applies to your specific circumstances, help you organize your evidence, and prepare you thoroughly for both mediation and trial. Our goal is to protect your parental rights while ensuring the best possible outcome for your child and your family.

In Knoxville, What Information Is Used to Decide Child Custody?

It’s true that the judge doesn’t know your children, but child custody decisions are not make made randomly. When deciding child custody, the court will take into account a whole host of factors, and they all relate to making sure your kids are physically and emotionally secure.

These include:

• Each parent’s ability to provide
• Each parent’s level of involvement in parenting responsibilities
• Each parent’s mental and physical health
• Each parent’s job status
• Your child or children’s emotional and physical needs
• Your child or children’s preference (if they’re at least 12)
• Your child or children’s relationship with each parent
• Your child or children’s relationship with their siblings, step-siblings, and extended family
• Your child or children’s ties to the community and school
• **Any other factors that might be relevant

What Is Included in a Child Custody Order?

You should be as specific and detailed as possible in your parenting plan. It’s important that you know what to expect, but it’s even more crucial that your child knows what to expect. The more detailed the order, the less likely there will be a dispute.

Some things your parenting plan should include are:

• Child Exchanges, Drop-Off(s), Pickup(s), & Transportation
• Holiday Visitation Schedule(s)
• How will the Child or Children be Financially Supported
• Moving or Relocation Issues
• Physical & Legal Custody
• School Vacation Schedule(s)

Contact a Knoxville Child Custody Attorney for Help

At Wykes & Sikes, PLLC, we have helped many families throughout the Knoxville area create child custody plans. Let our over 50 years of combined experience work for you – contact a Knoxville child custody lawyer TODAY for help!

Attorney at Law

Wayne Wykoff

Wayne focuses his practice in the areas of social security disability and domestic law (including divorce, child custody, child support). Wayne was admitted to the practice of law in 1993 and his practice continually in east Tennessee since that time achieving good and just result for his clients on a regular basis. Wayne enjoys mediating and is a rule 31 listed family mediator in Tennessee. Wayne can give you value as a mediator whether you are negotiating retirement accounts and other complex financial issues or dealing with the much more important issues of who will raise the children and under what circumstances.

Wayne graduated from East Tennessee State University in 1980 with a degree in computer science and graduated from the University Tennessee law school in December 1992. Wayne was admitted to the Tennessee bar in April 1993 and was admitted to the federal courts in the Eastern District of Tennessee in 1993 also.

Wayne was born and raised in Johnson City, but has called Knoxville his home for the last 25+ years. Wayne enjoys his family consisting of his wife and 2 boys and playing tennis and golf on a regular basis.