Tennessee’s Rules for Custody and Parenting Time During Divorce

When navigating a divorce in Tennessee, understanding the rules surrounding custody and parenting time is crucial for parents seeking the best outcome for their children. The state prioritizes the well-being of children when determining custody arrangements, and several factors come into play during this process.

Tennessee law categorizes custody into two main types: legal custody and physical custody. Legal custody refers to the rights and responsibilities of a parent regarding decision-making in a child’s upbringing, such as education and medical care, while physical custody pertains to where the child resides. Parents can share joint legal custody, but physical custody can be sole or joint as well.

In terms of parenting time, Tennessee emphasizes the importance of maintaining a meaningful relationship between the child and both parents. Courts typically advocate for a parenting plan that outlines time-sharing arrangements, which can vary based on the child's best interests, age, and the parents' work schedules.

Creating a parenting plan is essential, as Tennessee requires parents to submit one during the divorce proceedings. This plan should include details about custody arrangements, visitation schedules, holidays, and decision-making responsibilities. If parents cannot agree on a plan, the court may intervene to establish a suitable arrangement that prioritizes the child’s welfare.

Factors that Tennessee courts consider when determining custody include:

• The moral, physical, and emotional fitness of each parent
• The child’s relationship with each parent
• The child’s preferences, depending on their age and maturity
• The stability of each parent’s home environment
• Any history of domestic violence or substance abuse

Additionally, Tennessee acknowledges the importance of a child’s support system, factoring in the child’s connection with siblings, extended family, and community ties. The courts aim to minimize disruption in the child’s life during the divorce process.

It is advisable for parents to work collaboratively to create a parenting plan that serves the child's best interests, as cooperative co-parenting can lead to more favorable outcomes. Mediation is often a recommended route for parents struggling to reach an agreement. This method allows for a neutral third party to facilitate discussions and help parents find common ground.

If disagreements persist, the court may order a custody evaluation. This process involves interviews and observations by a mental health professional or a guardian ad litem, who will assess the family dynamics and make recommendations to the court based on their findings.

In summary, Tennessee’s approach to custody and parenting time during divorce emphasizes the child’s best interests, the importance of continuing relationships with both parents, and the necessity of clear communication through detailed parenting plans. By understanding these rules and factors, parents can better navigate the complexities of custody and support their children through this challenging transition.