How Tennessee Courts Decide on Joint Custody and Shared Parenting
When parents separate or divorce in Tennessee, one of the most important issues to resolve is child custody. Tennessee courts strive to establish custody arrangements that are in the best interest of the child. Understanding how these courts decide on joint custody and shared parenting can help parents navigate this often challenging situation.
In Tennessee, joint custody refers to an arrangement where both parents share decision-making responsibilities for their child. This can include decisions about education, health care, and religious upbringing. Shared parenting, on the other hand, typically pertains to the physical time the child spends with each parent. Courts may grant shared parenting plans that allow for a more balanced distribution of time between parents.
Tennessee courts consider several factors when deciding on joint custody and shared parenting arrangements. The primary guiding principle is the “best interest of the child.” Some key factors include:
- Parental Relationships: Courts evaluate the level of emotional bonding between the child and each parent. A strong relationship is often viewed favorably.
- Parental Cooperation: The ability of parents to communicate and work together for the child's best interests plays a significant role in determining joint custody. Courts look for evidence of mutual respect and the willingness to prioritize the child's needs.
- Child’s Preference: Depending on the child's age and maturity, their preferences may be considered. However, courts will evaluate whether the child’s wishes are logical and in their best interests.
- Stability and Environment: The living situation and environment provided by each parent are crucial. Courts favor arrangements that ensure a stable, loving, and safe environment for the child.
- History of Abuse: Any history of domestic violence, substance abuse, or criminal behavior will heavily impact custody decisions. The safety and welfare of the child are paramount.
After considering these factors, Tennessee courts may establish a joint custody agreement that includes shared parenting time. This can vary significantly from one case to another, reflecting the unique circumstances of each family. The goal is always to minimize disruption to the child’s life and maintain strong relationships with both parents.
Parents can propose their own parenting plans to the court, which can be based on their schedules, the child’s needs, and other relevant factors. A well-structured parenting plan will detail how decision-making will occur, visitation schedules, holiday arrangements, and any necessary provisions for child support. Courts are more likely to approve plans that emphasize cooperation and flexibility between parents.
In cases where parents cannot reach an agreement, the court may appoint a guardian ad litem to represent the child’s interests or order mediation to facilitate an arrangement. This process aims to encourage collaboration while ensuring the child’s best interests are safeguarded.
In summary, Tennessee courts focus on what arrangement truly serves the child’s best interests when deciding on joint custody and shared parenting. By understanding the factors involved and being willing to communicate and collaborate, parents can often reach an amicable agreement that works for both their family and the well-being of their child.