How Long Does a Custody Case Typically Take to Resolve in Tennessee?

Following divorce, you and your former spouse want to do what best serves your child’s needs. Determining what is best for your child can be challenging since you and your ex hold unique parenting responsibilities. In some cases, we can determine custody arrangements through mediation.

However, if you and your spouse cannot agree, the decision will be left up to the court. Various factors will impact how long it takes for a custody case to move through the court system, resulting in costly court fees and stress for everyone involved.

Our child custody and visitation lawyers help you determine a schedule that serves your children’s interests. We will discuss what factors affect the timeline of a custody case.

Cooperation Between You and Your Spouse

A custody case will be settled more quickly if you and your spouse cooperate with the court’s requests. While either party can fight a final order, the longer a case is drawn out, the more expensive it will be. Tennessee requires that a divorce case be open for at least 90 days before a judge can issue a final order. This mandatory wait time allows divorcing couples to negotiate a parenting plan, avoiding the expense of litigation.

If Joint Custody is the Goal

There are two types of custody: physical and legal. Physical custody describes which parent the child lives with, while legal custody concerns each parent’s rights to make major life decisions for the child. There is a general presumption that children do best when sharing time with both parents. In a joint custody arrangement, both parents would share physical and legal custody, although the specifics would need to be hashed out by the court.

If Your Child Has Special Needs

The court will consider certain factors when deciding physical and/or legal custody. Known as the best interests of the child standard, this list considers a variety of facets regarding the child’s upbringing and social life, including the child’s relationship with each parent and the emotional and developmental needs of the child. Suppose a child has learning disabilities or other special needs. In that case, the court may need to examine further into the situation to determine what arrangements will foster stability and create the necessary support.

If there is Concern About Child Care

In matters concerning potential emotional or physical abuse or if one parent has a history of mental illness, the court may assign a guardian ad litem (GAL). A GAL is appointed by the court to advocate for the child’s physical, emotional, and developmental needs. The GAL serves as the voice for the child, making appropriate recommendations regarding the child’s best interests.

The Court’s Caseload

Many family court dockets are backlogged, with parents being forced to wait several weeks or months to schedule a final custody hearing. With the COVID-19 pandemic, courts nationwide are experiencing more backlogs than ever. Location also matters, with city court processing times much faster than courts serving multiple counties.

Contact a Tennessee Child Custody and Visitation Attorney Today

Ensuring you have access to your children is important to every parent, especially during divorce. At Burch & Stewart Attorneys, our Tennessee child custody and visitation lawyers understand that your family is going through a tumultuous time. We know that every parent wants to do what is right for their children, and we want to help accomplish this goal. If you are ready to schedule your free consultation, contact us online or by calling our office.