Offer objective and documented proof of involvement in the children’s lives. Parents are encouraged to discuss dating and, possibly, even agree on some unofficial ground rules. The 24-hour period need not be the same as a 24-hour calendar day. The Expertise You Need. And that both parents shared equal authority to make important decisions regarding education, non-emergency health care, choice of religion, and extra-curricular activities. If parents cannot agree on a parenting arrangement while the divorce is pending, then either may request the court determine a temporary parenting plan. The parent who was proven to be an abuser will rarely be awarded child custody in Tennessee over a non-abusive parent. The purpose of supervised visitation is to reduce any risk of harm to the child. Can I Get a Temporary Custody Order in Tennessee? There still must be a good reason. Allegations of child abuse are relevant and important, but technically not controlling in Tennessee child custody law. Day-to-day parenting decisions are determined by the parent with whom the child resides on any given day. This final decision-making authority may also be shared jointly. Under certain very limited circumstances, a parent hiding a child from the other parent who owes child support may be grounds for temporarily suspending a child support obligation. TN Custody Laws. In fact, Tennessee courts are required to state, in writing, why it's legal and why the physical custody decision is in the child's best interests. Co-parenting means making children available for all scheduled parenting time. For more information, see the Tennessee Parent Relocation Statute Law | Modifying the Parenting Plan. Is Support Based on Actual Parenting Time? Although it is most helpful when judges list specific goals and tasks to be performed in the order appointing the GAL, frequently they do not because circumstances so often change during the case. The parent exercising parenting time when such event occurs shall notify the other parent of the event and shall provide all relevant healthcare providers with the contact information for the other parent; (iv) The right to receive directly from the child’s school any educational records customarily made available to parents. Are you a legal professional? Adequate grounds for a downward deviation are very limited, though. Marriage & Divorce Counselors & Therapists Directory, Divorce Mediators and Mediation Directory, Divorce CPA and Tax Professionals Directory, Estate Planning, Will and Trust Attorneys Directory, Real Property Appraisal Experts Directory, Personal Property Appraisal Experts Directory, Your First Steps: 7 Steps Planning Your Tennessee Divorce | Free eBook, Surreptitious Digital Audio & Video Recording | Electronic Eavesdropping, Hacking Computers, E-mail Accounts and Phones, Divorce Video: Federal Laws on Spousal Spying and the ECPA, TN’s Federal Divorce Spyware Case – Jail Time & Heavy Fines. Generally, yes. No. The sole consideration in such a decision is the best interests of the child. Obviously, these issues are so serious, proof of the allegation could result in restricted or supervised parenting time or, in extreme circumstances, termination of parental rights. A Tennessee parenting plan allocates final decision-making authority between the parents on topics such as education, health care, extracurricular activities, and religious upbringing. Justia Free Databases of US Laws, Codes & Statutes. Ordinarily, re-marriage is not automatically considered grounds for modifying a primary residential parent designation, but it can be if a child is negatively impacted. Speak with your experienced Tennessee child custody lawyer. All rights reserved. However, there are slight variations in child custody laws and one area that differs is the terminology. Some states presume that parents have joint custody, while others do not. Which parent has the final say-so could depend upon the subject. You may read about Father’s Rights in the context of courts automatically relegating fathers to having only “standard visitation,” meaning parenting time only every other weekend, two weeks in the summer, and splitting holidays. Divorcing parents should do everything possible to never frustrate or cancel the other parent’s scheduled time. Tennessee courts use the "best interest of the child" standard to make child custody decisions. However, for custody disputes between unmarried parents, courts give preference to the mothers. In Tennessee child custody matters, status quo refers to what the parents have been doing to raise the child. For grandparents to have custody rights in Tennessee law, parental rights must be terminated or otherwise severely restricted by a court. Absolutely. Some examples of the wrong reasons to fight for child custody could arguably include the need for greater child support (or to pay less child support), an unwillingness to pay child support, a fear of societal judgment, and retribution. The court may question whether the child has been coerced or unduly influenced by a parent. A conviction for DUI or drug possession, for instance, will be considered more serious than hosting one party with a few intoxicated guests. However, a mother’s or father’s disability should not count against that parent. Tennessee child custody laws allow for joint custody and grandparents' visitation rights, while emphasizing the child's own wishes when considering custody decisions. Divorcing Tennessee parents are required to attend a four-hour parenting class and enter a parenting plan with the court to qualify for a divorce. Those generalized descriptions had no strict legal definition in application. Very important. Custody This section has information about child custody in Tennessee, including the best interest factors that a judge will consider, whether a parent who has committed domestic violence or child abuse can get custody, and how military deployment affects a custody … All aspects of final decision-making authority (education, non-emergency health care, religious upbringing, and extracurriculars) may be determined by one particular parent or by both parents jointly. That a parent simply wants more time with the child is not sufficient. Tennessee child custody law states, in part, “The gender of the party seeking to be the primary residential parent shall not give rise to a presumption of parental fitness or cause presumption in favor of or against such party.”  When a child is doing well, the parent who has been the primary caregiver is more likely to be granted primary residential parent status. While an attorney's contributions to understanding the law can't be ignored, it's certainly useful to read a plain language reference. Before the 2001 Tennessee custody law created the permanent parenting plan requirement, one major problem with the term joint custody came from parents who described themselves in divorce settlements as having agreed to joint legal custody or joint physical custody. In that instance, the child’s wishes can be considered by the court. When a serious concern arises about the stability of the child’s environment, including the mental condition or character of a parent’s new partner, that issue can become relevant in determining the primary residential parent. If mediation is unsuccessful in resolving the issue, then the disagreeing parent can challenge the decision in court. The court may choose to hear the preference of a child under the age of 12. These records include copies of the child’s report cards, attendance records, names of teachers, class schedules, and standardized test scores; (v) Unless otherwise provided by law, the right to receive copies of the child’s medical, health or other treatment records directly from the treating physician or healthcare provider. In very broad and general terms, if the moving parent has more than roughly equal time with the child and complies with the Tennessee Relocation Statute, if the move is not motivated by vindictiveness and is in the child’s best interest, then the court should permit it. Accordingly, a day of parenting time may be either an overnight period or a daytime period, or a combination of daytime and nighttime hours. When the children are doing well, the more likely a court is to continue what is working right. Don't leave such an important decision up to chance. In addition to changing custodial parent and non-custodial parent to primary residential parent and alternative residential parent, the legal term “visitation” was changed to “parenting time” or “residential time.” Each parent enjoys parenting time, or residential time, when a child is in that parent’s care. Forty-five days prior to trial, each parent is required to submit a proposed permanent parenting plan. Tennessee child custody law requires that courts determine parenting time so both parents enjoy the maximum participation possible in their children’s lives. In Tennessee, child custody judges want to keep siblings together in almost all situations. The National Domestic Violence Hotline is 1-800-799-7233 and their website can be found at //www.thehotline.org/. Whenever a child doesn’t want to visit the other parent, the situation is always a difficult one. While a parent with greater earnings may be seen as more able to offer the child better educational and extracurricular opportunities, the ability to provide more opportunities is only one Tennessee child custody factor to consider. Generally, a moral indiscretion or a minor legal problem will not suffice for a change of primary residential parent when the child is otherwise leading a normal, well-adjusted life. Microsoft Edge. Courts look closely at all abuse allegations in all Tennessee child custody matters. Judges are less likely to disrupt a working situation in favor of change to the unknown. Visit our professional site », Created by FindLaw's team of legal writers and editors Tennessee child custody will often be awarded to the parent who may have more time to devote to the child than the parent employed in a demanding profession; to the parent with more experience in child rearing; and to the parent with an established and successful track record raising the child. No parent should test the judge by intentionally violating the court order preventing a romantic partner from staying overnight when the child is present in the home. Understand that a parent’s authority is never absolute. No. When parents are separated and one parent has the child on all school nights and school mornings, the court will likely first determine how the status quo is working. In Tennessee custody law, parents are required to attend a four hour parenting class, attend mediation, and try to negotiate a permanent parenting plan in good faith. Traditionally, sole custody meant the parent who had more time with the children and who was granted sole decision-making authority over the children. Teachers, coaches, or neighbors? But if the moving parent has roughly equal parenting time, then the requirements are much more difficult. An abusive parent can become rehabilitated through adequate counseling and treatment with a mental health professional, which must be documented. But if the child is being harmed by the parent’s conduct on an ongoing basis, then that could be enough to alter the current parenting plan. Upon request from one (1) parent, the parent enrolling the child in school shall provide to the other parent as soon as available each academic year the name, address, telephone number and other contact information for the school. Who are key witnesses not related to you? Additionally, the law requires the court to will encourage frequent contact between the child … In Tennessee child custody law, the legal term “shared parenting” can mean different things depending upon the context of its use. The amount of time the parent has available, along with the time actually spent with a child, remains a very important factor in determining child custody. As part of his custody law practice, Hunter is an expert at creating and modifying parenting plans for his clients. A Guardian Ad Litem (GAL) is usually a licensed attorney appointed by the court to represent and advocate for the best interests of a child (or children) in a contested custody proceeding. Gather evidence from objective sources to prove your case. They should avoid putting the children in the middle of arguments. On the one hand, a parent who introduces the child to a new love interest because the relationship is serious, well that is understandable. Should a parent receive sole physical custody … Depending upon the particular circumstances, in Tennessee child custody law a parent who is the same sex as the child may have a better chance at being designated primary residential parent for an older child, especially a teenager. As of 2014, Tennessee child custody law was amended. Google Chrome, While the natural reaction of judges is to protect children, most experienced judges have a keen eye. With co-parenting, children of divorce grow up with fewer emotional problems. Mediation is required. If the non-moving parent does not object, then the Tennessee parent can move away with the child. A change of circumstances which materially affects a child’s well-being is required for a custody modification. Consulting an experienced Tennessee family law attorney well in advance of moving is strongly advised. In Tennessee child custody law, a child who is age 12 or older can testify following a request by one of the parents. Should a dispute over important parenting decisions arise, the process for resolving that dispute should be spelled out in the parenting plan. Persistent violations of a court-ordered right to parenting time (or visitation) can be grounds for a change of primary residential parent. Please try again. Also, read our Tennessee Family Law Blog and its Child Custody category for updates, analysis, commentary, and case law summaries. Negotiate in good faith. Dating a new person prior to divorce will almost always impact settlement negotiations. The school may require a written request which includes a current mailing address and may further require payment of the reasonable costs of duplicating such records. To learn more about co-parenting, see Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family by Miles Mason, Sr., available on Amazon.com. Note that with child support modification determinations, the parent receiving support may argue that the number of parenting days actually exercised should be used to calculate child support, and not necessarily the number listed in the parenting plan. The judge could significantly restrict parenting time for the parent who made false allegations, could require counseling, or could appoint an independent child custody evaluation by a psychologist for additional recommendations. Be sure that you are fighting for the right reasons. Much depends upon the circumstances. What is the legal age that a child can choose which parent to live with? In most cases, it is the caregiving role performed prior to or during the divorce, not the parent’s sex, that has the greatest impact on who will be the primary residential parent in a contested child custody case. The keeper of the records may require a written request including a current mailing address and may further require payment of the reasonable costs of duplicating such records. Types of custody that Tennessee child custody laws facilitate The typical types of custody that is granted in Tennessee are no different from those of many other states. In other words, those vague legal terms created more problems for families and the courts than they solved. Children of divorcing parents who cooperate will, more often than not, have greater self-esteem with lives that turn out better. See the non-custodial parent’s rights discussed previously. In Tennessee custody law, residential time and parenting time mean the same thing and can be used interchangeably. Has the complaining parent also had repeated overnight romantic guests? Without question, Tennessee judges should protect the physical safety of children and spouses. A permanent parenting plan must allocate final decision-making authority to one or both parents regarding the child’s education, health care, extracurricular activities, and religious upbringing. Tennessee child custody law lists certain events and circumstances which can be considered a change of circumstances. Courts have legal authority to award temporary alimony, child support, and attorney’s fees as part of a divorce. Stay up-to-date with how the law affects your life, Name Parenting time and residential time both refer to the time each parent enjoys with the child or children. Tennessee child custody laws overwhelmingly support the mother in cases where the parents of a child are not married. Children caught in the middle of a custody battle can suffer extreme emotional distress. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. In today’s complicated world, though, more fathers than ever are equally involved in child rearing. In determining whether there has been a change of circumstances which materially affects the child’s well-being, an important consideration is whether or not the child is doing poorly in an important aspect of life (such as a significant drop in grades) and the reasons for this change. For more information about seeking a protective order in Memphis, Germantown, Collierville, Bartlett, or elsewhere in Shelby County, Tennessee, visit The Crime Victims Center (CVC) located at 1750 Madison Ave., Suite 100, Memphis, Tennessee 38104. Specific and timely notice of the move must be given to the other parent well in advance. Visitation and Tennessee child support are two completely different legal issues. Generally, those Tennessee child custody factors include: the child’s relationship with each parent; who has served as the primary caregiver for the child’s daily needs; capacity and track record for facilitating and encouraging a strong relationship with the other parent; refusal to attend the parent education seminar; history and ability to provide food, shelter, clothing, education, and health care; emotional ties with the child; emotional and developmental needs of the child; the moral, physical, mental, and emotional fitness of the parents; interaction with siblings, relatives, and others with whom the child interacts; continuity and length of time the child has lived a stable life; evidence of physical and emotional abuse; the character of any other person who resides in the home of a parent; reasonable preference of a child age 12 or older; parents’ work schedules; and any other factors the court considers relevant. 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