Child Custody

We know our clients want the best for their children, and we want that, too. Navigating the care and custody of children can be a stressful and ongoing process. Determining where a child will live is only the beginning, decision-making rights of parents and child support must also be part of the plan. Amidst the abundance of options available to parents, we will help negotiate – and litigate, if necessary – comprehensive parenting plans for our clients.

Child Custody in Tennessee: A Guide for Parents

Parenting Plans

Parenting Plans outline the rights and responsibilities of parents. This includes a detailed residential schedule of when the child is in each parent’s physical care, including day-to-day time, holiday time, and school breaks. 

Parenting Plans also address decision making for each parent. Each parent can make decisions regarding the day-to-day care of the child while the child is residing with that parent. This includes any emergency decisions affecting the health or safety of a child. Decisions like education, healthcare, extra-curricular activities, and religion must be designated in the parenting plan. 

The financial support of the child is also addressed in a parenting plan. This includes the child support obligation of a parent, how childcare costs will be paid, which parent is responsible for providing health insurance, and how medical expenses will be paid. 

While a custody matter is pending, a temporary parenting plan can be entered into. A temporary parenting plan outlines a residential schedule and child support while the matter is pending. This is not necessary in every case but can be helpful when there are issues with parenting time.

Determining Custody in Tennessee

Tennessee law requires the determination of custody to be made on the basis of the best interest of the child. Tennessee courts consider several factors when evaluating the child’s best interests, including:

  • The strength, nature, and stability of the child’s relationship with each parent
  • The willingness and ability of each parent to facilitate and encourage a close relationship with both parents
  • Each parent’s ability to provide a stable living environment, food, clothing, medical care, education, and other necessary care 
  • The parenting responsibilities performed by each parent 
  • The existing bond between the child and each parent
  • Each parent’s physical, mental and emotional fitness 
  • Any history of abuse or neglect
  • The child’s preference, depending on age and maturity
Parenting Seminar

In most actions where a Permanent Parenting Plan is entered, each parent is required to attend a parent educational seminar. Tennessee Courts have provided a list of court-approved seminars for parents.

Modifications

Modifications to an existing plan may be possible if there’s a material change in circumstances. Tennessee law varies as to what constitutes a material change in circumstances. An experienced family law attorney should be consulted for those wanting to modify a parenting plan.

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In need of assistance?

Our knowledgeable team at Digby Family Law, PLC welcomes the opportunity to assist you.

Contact us today via our online form or by phone at 615-997-3741 to schedule a consultation.