Mothers’ Rights in Franklin
Custody Advocacy for Mothers in Franklin, Tennessee
Tennessee custody law doesn’t give either parent an automatic advantage based on gender. At Puryear, Newman & Morton, PLLC, we help mothers in Franklin, Tennessee understand their rights, assess their circumstances, and develop legal strategies centered on their children’s best interests.
Our family law attorneys handle a broad range of related matters:
- Child custody
- Child support
- Divorce and legal separation
- Alimony
- Juvenile cases
- Mediation
- Post-divorce modifications
Phillip R. Newman, Lauren Wynn Moss, and Robert E. Lee Davies, Jr. handle our custody matters, including disputes over residential schedules and parental authority.
We’ve served clients throughout Franklin, Nashville, and Middle Tennessee since 1997. Our six attorneys have more than 100 years of combined experience across legal practice areas, providing valuable perspective when domestic concerns intersect with financial, business, real estate, or other legal issues.
Call (615) 933-2366 to discuss your custody, parenting-time, divorce, or support concerns with our attorneys.
How Tennessee Custody Law Applies to Mothers
Tennessee Code Annotated § 36-6-106 directs courts to make gender-neutral custody decisions based on the best interests of the child. Neither parent receives a preference based on gender. We advocate for decisions grounded in the child’s needs and the evidence concerning each parent’s role.
Custody arrangements address both parental authority and where a child lives. Legal custody concerns authority over important decisions, while physical custody concerns the child’s residential schedule. Depending on the circumstances, an order may involve sole custody, joint custody, or designation of a primary residential parent.
Rights of Unmarried Mothers
Under Tennessee Code Annotated § 36-2-303, an unmarried mother has custody of her child at birth unless a court enters a different order. An unmarried father generally doesn’t have enforceable custody or decision-making rights until legal parentage is established.
Establishing parentage can lead to proceedings involving custody, residential schedules, and child support. We explain how the legal framework applies to the family’s circumstances and represent mothers as these issues are addressed through agreement, mediation, or court proceedings.
What Franklin Courts Consider in Custody Cases
A court’s central question is which arrangement serves the child’s welfare. For custody actions filed on or after July 1, 2025, Tennessee Code Annotated § 36-6-106(a) lists 17 best-interest factors. Cases filed before that date are governed by the prior 16-factor version, so the filing date determines which statutory framework applies.
Factors a court may evaluate include:
- Parent-child relationships: The strength, nature, and stability of the child’s relationship with each parent
- Daily caregiving: Each parent’s history of performing routine parenting responsibilities
- Material needs: Each parent’s ability to provide food, clothing, medical care, and education
- Emotional needs: The child’s emotional development and each parent’s ability to respond appropriately
- Safety concerns: Evidence of abuse and other facts affecting the child’s welfare
- Child’s preference: The reasonable preference of a child age 12 or older
No single fact determines the outcome. The court weighs the applicable factors based on the evidence in the case. We help mothers identify relevant facts concerning caregiving history, stability, safety, and the proposed parenting arrangement without relying on gender-based assumptions.
Building a Strategy for Custody & Parenting Time
Our process begins with a consultation about the family’s circumstances, any existing court orders, and the issues requiring action. We explain the mother’s rights and potential legal strategies, then advocate through negotiation, mediation, or court proceedings.
For married parents, divorce, custody, child support, and post-divorce modification matters may proceed in Circuit Court or Chancery Court. These courts have concurrent jurisdiction over divorce actions. We work within the Williamson County courts serving Franklin and assess the appropriate procedural path for each case.
Negotiation & Mediation
Negotiation may allow parents to address residential schedules, parental responsibilities, and related support concerns without asking a judge to decide every disputed point. Mediation gives parents an opportunity to explore potential agreements with a neutral third party. When an agreement isn’t achievable, we can present the relevant evidence and legal arguments in court.
Modifying an Existing Custody Order
A Tennessee custody order may be modified when the requesting parent proves a material change in circumstances since the last order and shows that the proposed change serves the child’s welfare. A material change is a significant development affecting the existing arrangement or the child, not a minor disagreement between parents.
Potential changes may involve relocation for a new job, education, or another major life event. A dispute over the residential schedule requires careful review of the current order, the family’s present circumstances, and the child’s needs. Because the required proof and available options depend on the order and requested change, we develop modification strategies through consultation rather than assuming every dispute follows the same path.
Discuss Your Next Step with Our Attorneys
Custody decisions can affect daily schedules, major decisions, and financial responsibilities. We represent mothers in custody and support matters, explaining their rights and the legal strategies available for their circumstances.
Our Contact Puryear, Newman & Morton, PLLC page includes a form for inquiries about divorce, custody disputes, support concerns, and potential modifications.
Call (615) 933-2366 to speak with our attorneys about your situation.
A Reputation for Excellence
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ExperienceOur attorneys have over 100 years of combined legal experience.
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DedicatedOur attorneys are dedicated to serving the needs of it's clients in a professional, ethical, and caring manner.
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DiverseWe are a full-service law firm with skilled attorneys who have years of experience handling specific areas of law.
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Rooted In the CommunityOur firm has been serving the people of Franklin for over 20 years and have an excellent reputation within the community.