Franklin Child Custody Lawyer

Overview of Child Custody in Tennessee

Tennessee child custody is divided into two main categories: physical and legal. These categories can be divided into sole or joint custody arrangements, creating various potential custody scenarios.

• Physical custody: This refers to where the child will live most of the time. In a sole physical custody arrangement, the child lives with one parent responsible for their day-to-day care. Joint physical custody allows the child to spend significant time living with both parents, although this does not necessarily mean equal time with each.
• Legal custody: Legal custody pertains to the right to make significant decisions about the child's life, including education, healthcare, and religious upbringing. Sole legal custody grants this decision-making power to only one parent, while joint legal custody shares this responsibility between both parents.

The “noncustodial” parent may still have visitation rights in sole physical custody. Sole physical or legal custody is usually pursued when one parent is deemed unfit or incapable of providing a stable environment or if it’s in the child’s best interest to limit their involvement with that parent. 

Joint physical custody ensures the child has an ongoing and meaningful relationship with both parents. It also requires parents to collaborate and communicate effectively regarding the child’s needs and upbringing. 

Parenting Plans 

Tennessee requires parents going through a divorce to create a parenting plan. This is a detailed and structured document that serves as an agreement between the parents regarding the upbringing of their child(ren) post-separation or divorce. 

It is drafted to cover all aspects of the child's care to ensure their well-being and stability. The plan distinctly outlines each parent's responsibilities regarding primary residence and visitation schedules, including the number of overnights spent with each parent, how holidays, vacations, and other occasions will be handled, and how major decisions about the child's welfare will be made. Furthermore, it should incorporate guidelines for transportation, communication between parents, and how changes to the plan can be negotiated in the future. 

The Tennessee parenting plan aims to foster a cooperative approach that minimizes conflict and promotes a healthy, supportive environment for the child. Setting clear expectations and responsibilities assists parents in navigating the complexities of co-parenting, making the transitional period smoother and more predictable for both the parents and the child.

Parents can create their own parenting plans after settling their differences outside court. Once they have successfully negotiated a viable plan, it can be submitted to the court for approval. It will likely be approved if it prioritizes the child’s best interests.

The Court Decision Process

When parents cannot agree on custody, the court intervenes to decide based on the child’s best interests. Factors considered may include each parent's mental and physical health, the child's relationship with each parent, the child's needs, and any evidence of abuse or neglect. Tennessee courts favor arrangements that allow the child to maintain a stable relationship with both parents whenever possible.

Avoiding Court Battles

Parents can avoid contentious court battles by pursuing negotiation or mediation. These methods encourage parents to work together to reach a mutually agreeable custody arrangement with the help of neutral third parties. Such approaches can save time, reduce expenses, and lessen emotional stress on all involved, especially the children.