Memphis attorney Vincent Perryman discusses Child Custody

Local attorney Jason Nowlin joins Memphis lawyer Vincent Perryman in a discussion on child custody. Most parents have questions concerning the process of establishing custody, and this process begins with an initial custody determination. An initial custody determination is necessary whenever a set of parents or guardians appears before the court system for the first time. This is basically a comparative fitness analysis between the two parties. The two parents or guardians are weighed on a set of factors to determine what would be the best placement for the child, and these factors include: the love, affection, and emotional ties existing between the child and the caregivers; the disposition of the caregivers to provide the child with necessities; the degree to which a parent has been the primary caregiver; whether or not there has been physical or mental abuse to the child or other parent; the stability of the caregivers; the mental and physical health of the caregivers; the home, school, and community record of the child; the reasonable preferance of the child (usually only if the child is 12 or older); the character of anyone who frequents the home of the caregiver; and each caregiver's past. The court then takes all of these factors into consideration and makes a determination on what the best placement for the child would be.

Memphis lawyer Vincent Perryman continues the discussion on child custody with Local attorney Jason Nowlin. The discussion continues by now delving into what happens after the initial custody determination has been established. The court then places a greater burden on the pursuit of a modification of the original custody determination for obvious reasons. If a modification of the current custody situation is pursued, the factors that were evaluated during the initial custody determination do not get reevaluated unless it is found that there is a material change of circumstance affecting the child's best interest. This may mean that there have been significant changes in the needs of the child, significant changes in the parent's living or working conditions, or if the parent has failed to adhere to the parenting plan. However, the burden falls on the party attempting to modify the established parenting plan. If the party that is attempting to modify the parenting plan fails in their attempt to prove that there has been significant change of circumstance, there will be no further inquiry and there will be no modification of the parenting plan. Alternatively, if the party succeeds in proving that there has been significant change, the court will then go back and reevaluate the circumstances according to the comparative fitness test. Another factor that can determine if a modification is a possibility concerns foreseeable circumstances. If at the time of the initial custody determination there are foreseeable future circumstances that might require a change of the plan, they should be addressed at the initial custody determination. Attempting to modify a parenting plan based on prior knowledge such as this would not be something that the court would allow.

Memphis lawyer Vincent Perryman concludes the discussion on child custody with Local attorney Jason Nowlin. There is always concern when it comes to the issue of parents moving. Usually when a parent decides to move, there is a need for a modification of the parenting plan. When this happens, the court will look at whether or not there is a legitimate reason for the parent wanting to move. In the event that the parent has a better job lined up or other beneficial legitimate circumstances surrounding the proposed move, that will be looked upon more favorably in the eyes of the court. This is obviously opposed to the parent wishing to move for vindictive reasons which would look poorly upon that parent. Vincent Perryman and Jason Nowlin then discuss the type of lawyer that you should consider when seeking legal counsel. The first and foremost best advice is to look for a lawyer who deals with child custody cases on a daily basis. Child custody cases typically last for the duration of the child's adolescence, and it is important to find a competent lawyer that you will want to stick with. The more versed in your case that your lawyer is, the better the chance of a successful outcome.