Single Working Mothers Seeking Custody in Tennessee

Single working mothers seeking custody generally are given equal rights in the state of Tennessee. Although it can be a challenge to balance work and raising children, the court’s goal is to see the children benefit from a relationship with both parents.

If you have questions about mothers’ custody rights, speak with a family law attorney in Shelby County, Tennessee. We can evaluate the circumstances of your situation and determine the steps you need to take.

Mothers’ Custody Rights When Never Married 

It is becoming more and more common for couples to have children without getting married. As a result, it presents unique challenges when single working mothers seek custody.

However, that isn’t necessarily the case in Tennessee. In fact, it might be more to a mother’s benefit if she was never married because many courts generally give custody rights automatically to the mother.

Mothers don’t even have to obtain a custody order if they were never married to their children’s father. All that needs to be shown is the child’s birth certificate listing her as the mother and identification that supports this.

Although single working mothers seeking custody generally don’t have to be concerned, the father still can try to get parenting rights established. To take custody from the mother, a father can petition the courts, but he must be able to prove that the mother is essentially unfit.

Determining Custody Based on the Best Interests of the Child 

Another issue is when divorces result in single working mothers. Seeking custody then becomes a bit more complicated because the goal in Tennessee courts is to consider the best interests of the child. This generally means spending the maximum time possible with both parents.

However, decisions still need to be made as to physical living arrangements and who gets to make important decisions. For instance, in general, physical custody involves where the child will reside. In Tennessee, this is called the primary residential parent.  Legal custody pertains to the major decisions about a child’s life, such as where he or she will go to school.  This is spelled out in detail in the parenting plan and its decision-making authority section.

To do this, the court will always base its decision on the best interests of the child. This requires the judge taking into consideration several factors.

The following are some of the issues that help determine what the best interests of the child are when making custody arrangements: 

• ability to provide for child’s basic needs (medical care, food and shelter);
• allegations or history of child abuse/domestic violence;
• the parent’s existing relationship with the child (quality of it);
• children’s ages;
• cooperation in making sure child’s relationship with other parent is fostered;
• physical/mental health of parents;
• child’s preferences (if 12 and older); and
• ability to provide a stable environment.

Single working mothers seeking custody typically don’t have to be concerned about receiving, at the very least, shared time with the child. But if there is apprehension about arrangements, these should be discussed with an attorney.

For more information, see Tennessee Child Custody Laws in Divorce Answers to FAQs.

Seeking Help from a Family Law Attorney in Shelby County, Tennessee

According to the U.S. Census Bureau, in 2009 the majority of custodial parents were mothers (82.2 percent). These figures continue to be fairly consistent, going back all the way to 1994.

Although this is usually the case, there are situations where mothers may have difficulty obtaining custody, which is why consulting the Miles Mason Family Law Group may be in your best interests. We understand the unique challenges that single working mothers seeking custody face.