Child custody is one of the most consequential negotiations of a divorce, as it directly impacts your relationship with your child. However, rest assured that Tennessee law does try its best to maintain the parent-child relationship through its parenting plan laws. Nashville child custody attorney Amanda J. Gentry is a passionate advocate who will do her best to fight for your parental interests in negotiation. She will maintain a down-to-earth office environment but a fierce and passionate personality in negotiation. Whether you have questions about how parenting time is split between parents or how to modify an existing order, our family law firm in Nashville, Tennessee can help you.
Protect Your Parental Rights – Child custody decisions shape your child’s future. Call a Nashville child custody attorney at (615) 604-6263 for trusted legal guidance.
The Role of the Primary Residential Parent in Tn
Under Tennessee’s child custody laws, one parent will be designated the primary residential parent who lives with the child more than half the time. In general, the primary residential parent is the one who is more involved in the child’s day-to-day decisions. Note that even when parents share parenting responsibilities, one parent will be designated as the primary residential parent who has the final say on decisions when the parents cannot agree. However, a parent without decision-making responsibilities over the child is still entitled to make emergency medical decisions while the child is in their care.
Note that a non-residential parent who does not have primary parental responsibility over the child is still entitled to regular communication and a relationship with that child. This usually means at least 1 weeknight visit and visits every other weekend or telephone calls with the child twice a week. The nonresidential parent may also receive the child’s school and medical records, including copies of the child's report card, attendance records, and test scores.
Types of Child Custody in TN
Tennessee law recognizes different types of child custody arrangements to serve the best interests of the child. These include:
- Legal Custody – The authority to make important decisions about the child’s upbringing, including education, healthcare, and religious matters.
- Physical Custody – Determines where the child will primarily live and the visitation schedule for the noncustodial parent.
- Sole Custody – One parent has full legal and physical custody, with the other parent having limited or supervised visitation.
- Joint Custody – Both parents share legal or physical custody, requiring cooperation in decision-making and parenting time.
Factors Considered by Tennessee Courts in Custody Decisions
When determining child custody, Tennessee courts follow Tennessee Code Annotated (TCA) Section 36-6-106, which outlines factors judges consider when deciding the child’s best interests, such as:
- The child's emotional ties with each parent
- Each parent’s ability to provide a stable home environment
- The child's school and community connections
- Any history of abuse or neglect
- Each parent’s willingness to encourage a relationship between the child and the other parent
- The child’s preference, if they are 12 years or older
These factors ensure that custody arrangements support the child’s safety, stability, and overall well-being.
How Does a Judge Determine The Child’s Best Interests?
The Tennessee family courts will make custody decisions based on what they deem as the child's best interests. The child's best interests can be determined by weighing a variety of factors, such as parenting and home environment.
To choose the primary residential parent, the judge will examine the child's best interests, including:
- The child's relationship with each parent
- Each parent's role in parental caretaking obligations
- The child's relationships with siblings and extended family members
- The child's adjustment to home, school, and community
- The importance of continuity in the child's life including the length of time the child has lived in the current environment
- Either parent's history of domestic violence or emotional abuse
- Each parent's moral, physical, mental and emotional fitness
- The child's reasonable preference if 12 years old or older
- Each parent's work schedule
- Any other relevant factor
Does a Child Have the Option to Choose?
If the child is over the age of 12, the judge may consider their preference. However, this will only be one of many other factors the judge will weigh in making the decision.
Advice for Parents Who Are Fighting for Custody of Their Children
If you are a parent in Tennessee facing a child custody dispute, it’s important to approach the process with a clear understanding of your legal rights and responsibilities. A Nashville child custody lawyer can guide you through every step of the process. Here are some helpful tips for parents:
- Stay Focused on the Best Interests of the Child: Courts prioritize the child's welfare in any custody dispute. Ensure that your decisions reflect what’s best for the child, not your personal feelings towards the other parent.
- Maintain Consistency: Consistent parenting, including maintaining a stable home environment, can positively influence the court’s view of your ability to care for the child.
- Keep Detailed Records: Documenting any incidents, such as missed visitations or other relevant details, can provide valuable evidence in your case.
- Avoid Conflicts in Front of the Child: Children should not be exposed to parental conflict, as it can negatively impact their emotional health and the custody decision.
- Contact a Nashville Child Custody Attorney: A skilled child custody attorney can help you understand your rights, prepare for court, and advocate on your behalf. Consider reaching out to a family law attorney with experience in Tennessee custody cases to better navigate the process.
Common Visitation Arrangements
Visitation arrangements in Tennessee depend on various factors, such as the child’s age, the parents’ work schedules, and the child’s relationship with each parent. Some common visitation arrangements include:
- Standard Visitation: Often referred to as a 2-2-3 schedule, this allows the child to spend two days with one parent, two days with the other, and three days alternating between the two parents.
- Weekend Visits: The noncustodial parent may have weekend visits every other weekend, with additional time during holidays or school vacations.
- Holiday and Vacation Schedules: Visitation schedules typically include time with the child during major holidays and school breaks, ensuring that both parents have an opportunity to spend time with the child.
- Supervised Visitation: In cases involving concerns about safety or the child’s well-being, supervised visitation may be ordered, where a third party must be present during visits.
- Virtual Visitation: With technology becoming more common, some parents may arrange virtual visitation through video calls, allowing for regular communication between the noncustodial parent and the child.
Modifying a Child Custody Order in Nashville
If a parent has experienced a material change in circumstances, they may file a petition to modify the child custody order if doing so would be in the best interests of the child. Some instances that justify a modification request could be if the child is being abused, they are performing poorly in school, or the residential parent has taken a job requiring international relocation.
In such a case, the judge may modify the primary residential parent designation. Nonetheless, the parents will have to settle a modification agreement between them, such as through divorce mediation.
Get In Touch Now with a Trusted Nashville Child Custody Lawyer
If you're dealing with a child custody situation, you don’t have to face it alone. Reach out to an experienced Nashville child custody lawyer who can guide you through the complexities of family law. At the Law Offices of Amanda J. Gentry, we’re committed to providing the support you need during this challenging time.
Contact us at (615) 604-6263 and get the legal support you deserve to protect your parental rights.
Frequently Asked Questions (FAQ)
What is the biggest mistake in a custody battle?
One of the biggest mistakes parents make during a custody battle is allowing emotions to dictate their decisions. Conflict between parents can negatively affect the child’s well-being and may influence the court’s decision. It’s essential to remain focused on what is best for the child and work toward a peaceful resolution. Staying calm, documenting everything, and seeking guidance from an experienced Nashville child custody attorney can help ensure the best outcome.
What is the new child custody law in Tennessee?
Tennessee's child custody laws are focused on the best interests of the child, and one important change in recent years has been the parenting plan requirements. The state now requires that parents submit a detailed parenting plan that outlines the child’s schedule, decision-making responsibilities, and other essential aspects of the child’s care. For changes or updates in the law, consulting with a Nashville child custody lawyer can help clarify how the laws may affect your case.
Is Tennessee a 50/50 state for child custody?
No, Tennessee is not automatically a 50/50 state for child custody. While joint custody is an option, the courts decide custody based on the child’s best interests rather than a set formula. This means factors such as each parent's ability to care for the child, the child’s relationship with each parent, and the stability of the home environment all influence the custody decision. If joint custody is in the child's best interests, the court may grant it, but it's not guaranteed.
Does Tennessee favor mothers in custody cases?
Tennessee law does not favor one parent over the other based on gender. The court’s primary concern is the best interests of the child. While mothers may sometimes be awarded primary residential custody, courts make decisions based on the specific circumstances of each case, including the child's relationship with both parents, each parent's ability to provide for the child, and other relevant factors. A Nashville child custody lawyer can help you understand how these factors apply to your situation.
Can a mother take a child away from the father in Tennessee?
In Tennessee, a mother cannot simply take a child away from the father without legal grounds. If there is no existing court order, either parent has legal rights to the child. If a custody dispute arises, a Nashville child custody attorney can help secure a court order that formalizes custody and visitation arrangements. However, if one parent violates a court order or takes the child without consent, the other parent can petition the court for assistance in enforcing the order.
