Divorce is often an emotional and overwhelming experience, especially when there are children involved. For parents in Tennessee navigating child custody arrangements, the process can feel particularly daunting. Understanding the laws and how custody is determined can help you approach this chapter with greater confidence and clarity.
Take a look at the key aspects of child custody laws in Tennessee to provide clear answers and reassurance throughout the process.
Types of Custody in Tennessee
Tennessee law recognizes two main types of custody that must be decided during divorce or separation proceedings: legal custody and physical custody.
- Legal Custody
Legal custody refers to the ability to make significant decisions about a child's life, such as their education, health care, religious upbringing, and extracurricular activities. Parents can share legal custody (joint legal custody), or one parent can have sole legal custody.
- Physical Custody
Physical custody determines where the child will live and who will handle their daily care. Just like legal custody, physical custody can be shared (joint physical custody), or one parent may have primary physical custody, with the other parent having visitation rights.
While some families may pursue equal custody arrangements, Tennessee courts focus on what's in the best interest of the child.
The "Best Interest of the Child" Standard
Tennessee courts prioritize the well-being of the child above all else during custody decisions. The "best interest of the child" is a legal standard that guides custody determinations.
When determining what arrangement serves the child’s best interests, the court considers a variety of factors, including but not limited to:
- The strength of the child's relationship with each parent
- The emotional and physical needs of the child
- Each parent's ability to provide a stable and nurturing home environment
- The parenting abilities and work schedules of each parent
- The child's adjustment to their home, school, and community
- The willingness of each parent to support a healthy co-parenting relationship
- Evidence of abuse, neglect, or other harmful behavior
The goal is to create a custody arrangement that fosters the child’s growth, stability, and overall well-being.
Parenting Plans in Tennessee
Tennessee requires parents to submit a Parenting Plan as part of any custody determination. This document outlines how custody, visitation, and decision-making responsibilities will be divided between parents.
A comprehensive Parenting Plan usually includes details like:
- A weekly schedule for where the child will live
- Holiday and vacation plans
- Specifics about which parent will make decisions regarding education, medical care, and religious activities
- How parents will address disputes in the future
The Parenting Plan must be approved by the court and is legally binding once finalized.
Visitation Rights in Tennessee
If one parent is awarded primary physical custody, the other typically receives visitation rights, referred to as parenting time. Tennessee law encourages children to have meaningful relationships with both parents, assuming it’s in the child’s best interest.
Visitation schedules vary depending on the family's circumstances but may include weekly visits, overnights, weekends, holidays, or summer vacations. If circumstances prevent in-person visits (such as long-distance parenting), virtual visitation may be an option.
Modifying Custody Orders
Life doesn’t stand still after a divorce, and sometimes custody arrangements need to change. Tennessee allows parents to request a modification of custody orders if there has been a material change in circumstances that affects the child's welfare.
Examples of material changes may include a parent relocating, changes in work schedules, or concerns about a child’s safety in their current environment.
The court will once again evaluate the best interests of the child before approving any modifications to custody arrangements.
Co-Parenting in Tennessee
Co-parenting requires collaboration and open communication between parents to ensure the child's needs are met. Tennessee courts encourage co-parenting wherever possible, as children generally benefit from having strong, consistent relationships with both parents.
Being a successful co-parent involves setting aside personal disagreements with your ex-spouse and focusing on what’s best for your child. Tools like shared calendars and co-parenting apps can help ease communication and scheduling challenges.
Navigating Custody with Child Custody & Visitation Lawyers in Nashville, TN
The process of sorting out custody arrangements can be stressful. Remember that educating yourself about Tennessee’s child custody laws is an important step toward protecting your child's best interests.
If you feel unsure or overwhelmed, consulting with an experienced family law attorney in Tennessee can be invaluable. At Flexer Law, we'll guide you through the legal system, advocate for your rights, and craft a Parenting Plan tailored to your family’s unique situation. With empathy, objectivity, and precision legal knowledge, we can work toward the best results.
If you’re navigating child custody in Tennessee and need support, we’re here to help. Contact us today at (615) 805-6374 to schedule a consultation.