Parents who are separating from their spouse may want to establish a parenting plan that sets out the rights and responsibilities of both parties in child custody matters. A qualified Child Custody attorney can help with creating this plan, which must comply with Tennessee law. A lawyer can also assist with modifying an existing agreement, or with defending your rights to parenting time in court.
If you and your spouse are unable to agree on a parenting plan, courts will determine the arrangement for you. These arrangements are usually based on the child’s best interest, including their health and well-being. Factors that a judge may consider include the child’s relationship with each parent, the ability of the parents to provide a safe home environment, each parent’s financial status, any history of domestic violence, the new romantic relationships of the parents, the availability of suitable housing and living arrangements, work schedules, and other relevant factors.
When the court awards custody, it typically grants either physical or legal custody. Physical custody involves the day-to-day care of the child, while legal custody involves making decisions on behalf of the child. Neither parent is guaranteed equal time with the children, but the judge should try to maximize each parent’s participation in the child’s life. The judge will also take into account the wishes of the child, but the child’s age and maturity will play a role in this consideration.
Oftentimes, it is better for parents to create their own custody arrangement outside of the courtroom. This can be done by negotiating with each other or with the assistance of a mediator. If you are able to reach an agreement, the judge will approve it and formally set it forth in your divorce papers. If you are unable to reach an agreement, the judge will decide on a permanent custody arrangement at your custody hearing.
It is important to understand the different types of custody in Tennessee before filing for divorce. Both types of custody are based on the child’s best interests and the parents’ ability to provide a safe environment for the child. The judges will also consider the wishes of the child, but it is not a determining factor in most cases.
In addition to having a good case, it is helpful for parents to have evidence of their involvement with the child. This includes proof of regular communication, attendance at school and sports events, and other relevant information. Having testimony from unbiased witnesses can also be beneficial. Parents should avoid attacking the other parent in court and focus on showing how they are a good parent. The judge will notice this and reward a positive attitude.