Justia Lawyer Rating for Joseph W. Fuson
Top 40 Under 40
Super Lawyers
The National Trial Lawyers
Tennessee Commission on Continuing Legal Education & Specialization
NORML Lifetime Member
AVVO Raiting
Nashville Scene - Best DUI Attorney
Nashville Scene - Best Attorney

Child Custody

Freeman and Fuson represent clients who are fighting for their children. Mark and Joseph are both trial lawyers and parents. Mark has 8 children and Joseph has 2 children. Together, they have tried cases involving child custody all over Middle Tennessee. Child custody issues can be found in divorce cases, post-divorce cases, order of protection cases, and juvenile cases. Mark and Joseph are familiar with the law regarding child custody or parenting time and will sit down and find out your expectations and develop a strategy to accomplish your goals. At Freeman and Fuson, fighting for children is a passion and a job and they take it seriously. If you have a question or want to consult with a child custody attorney, call Mark or Joseph.

Child Custody Factors

In a suit for annulment, divorce, separate maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, such determination shall be made upon the basis of the best interest of the child. The court shall consider all relevant factors including the following where applicable:

  1. The love, affection and emotional ties existing between the parents and child;

  2. The disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver;

  3. The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment; provided, that where there is a finding, under § 36-6-106(a)(8), of child abuse, as defined in §§ 39-15-401 or 39-15-402, or child sexual abuse, as defined in § 37-1-602, by one (1) parent, and that a non-perpetrating parent has relocated in order to flee the perpetrating parent, that such relocation shall not weigh against an award of custody;

  4. The stability of the family unit of the parents;

  5. The mental and physical health of the parents;

  6. The home, school and community record of the child;

  7. The reasonable preference of the child if 12 years of age or older. The court may hear the preference of a younger child upon request. The preferences of older children should normally be given greater weight than those of younger children;

  8. Evidence of physical or emotional abuse to the child, to the other parent or to any other person;

  9. The character and behavior of any other person who resides in or frequents the home of a parent and such person's interactions with the child; and

  10. Each parent's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child.

It is the legislative intent that the gender of the party seeking custody shall not give rise to a presumption of parental fitness or cause a presumption or constitute a factor in favor or against the award of custody to such party.

The court shall approve agreements of the parties allocating parenting responsibilities, or specifying rules, if it finds that the agreement is consistent with any limitations on a parent's decision-making authority mandated by §36-6-406; the agreement is knowing and voluntary; and the agreement is in the best interest of the child.

TENN CODE ANNOTATED §36-6-101, §36-6-106, and §36-6-407.

Client Reviews
Relief! Mark Freeman is the best lawyer I have ever had. He took care of my Criminal Case in one day. Answered all phone calls and returned them all as well. He didn't hesitate to answer any of my questions. I am very thankful he had my case dropped! Not many lawyers can do that. I highly recommend him. He treats you as more so family than a client. If I ever have another case Mark Freeman will be my lawyer. Peter P.
Joey: Just wanted you to know how appreciative I am to be represented by such an outstanding attorney. You did an awesome job. Thank you for your help and support throughout. I have NEVER gotten so much for my money with any other attorney before. I'm looking forward to referring you as much as possible in the future. Thanks again buddy. Charles G.
I reached out to the firm for assistance in a landlord/tenant matter. Freeman & Fuson was quick to call me back, gathered all the details on a brief phone call and was ready to act as early as the next morning. They saved me time/money and frustration. His follow through until the matter was resolved was excellent. Michael S.
Mr Fuson was my attorney for multiple cases and what I can say I most appreciated was how simple he made it to communicate. This left me never ill at ease with where things stood. He is knowledgeable and certainly experienced in Williamson County. There really is nothing more I can say except hire him!! Jennifer
Mark Freeman has been a up front Atttorney. He has handled my case with professional knowledge and returned my calls in a timely matter and got the my case dropped. If you need any professional advise and a good attorney I highly recommend you calling Mark Freeman. Excellent Job. Anonymous