Understanding Child Custody and Visitation in Knoxville, Tennessee
In Tennessee, child custody decisions are always based on what is in the best interest of the child. This principle is paramount, whether the parents are going through a divorce or were never married. The courts prioritize the child’s well-being above all else when determining custody and visitation arrangements.
While parents have the freedom to create their own custody agreements, the court will step in to establish an arrangement if they cannot come to a consensus. When making custody decisions, Tennessee courts will consider a variety of factors, including:
- The child’s preference, if they are 12 years old or older
- The child’s emotional and developmental needs
- The stability and strength of the relationship between the child and each parent
- The ability of each parent to fulfill parental responsibilities
- The willingness of each parent to support a relationship between the child and the other parent
- The emotional bonds between the child and each parent
- The child’s current living and schooling arrangements, and whether any changes could disrupt stability
- The mental, physical, and moral fitness of both parents
These factors, among others, guide the court in making a decision that best supports the child’s interests.
What Is a Parenting Plan?
A parenting plan is a key component of child custody arrangements in Tennessee. This plan outlines a detailed schedule for the child’s time with each parent, covering regular days, holidays, birthdays, and other significant events. It also allocates decision-making responsibilities between the parents and designates the primary residential parent (custodial parent). Additionally, the parenting plan impacts the calculation of child support, as it establishes each parent’s time with the child.
Common Child Custody Questions Answered
Here are answers to some frequently asked questions about child custody in Tennessee:
Can a child choose which parent to live with in Tennessee?
While a child’s preference is considered, it is not the sole deciding factor. For children aged 12 or older, their opinion carries more weight, but the court’s primary concern remains the child’s overall well-being. Factors like the child’s relationship with each parent, their living and school situation, and the parents’ ability to care for them are also evaluated.
What types of child custody arrangements exist in Tennessee?
Tennessee recognizes two main categories of child custody: legal custody and physical custody.
- Legal custody allows a parent to make major decisions for the child, such as choices regarding education, healthcare, and religion.
- Physical custody refers to where the child lives on a day-to-day basis.
Tennessee courts typically favor joint custody, where both parents share responsibilities for raising the child, though the specific arrangement can vary depending on the child’s needs and the parents’ circumstances.
What happens if a parent violates a child custody order in Tennessee?
Minor violations of custody orders are common and often not worth legal intervention. However, if a parent repeatedly violates the custody agreement or the violations are significant, the other parent may file a contempt petition with the court. This legal action compels the court to enforce the custody order, potentially leading to penalties or changes in the custody arrangement.
How does relocation affect child custody in Tennessee?
If a parent plans to relocate more than 50 miles away or out of state, they are required to notify the other parent in writing at least 60 days prior to the move. The non-relocating parent has 30 days to file an objection with the court. If there is disagreement, the court will consider several factors, including the reason for the move and how it might impact the child’s relationship with both parents and their overall well-being.
Is Tennessee a 50/50 state for child custody?
Tennessee does not automatically enforce a 50/50 custody split. Instead, the court’s decision is based on the child’s best interests. While shared custody is often favored, the exact custody arrangement is tailored to the child’s specific needs and the family’s situation.
Get the Legal Support You Need
If you need guidance on child custody, visitation, or creating a parenting plan, the Law Office of Lisa Collins Werner is here to help. With over 30 years of legal experience, attorney Lisa Collins Werner is well-equipped to assist you with all aspects of child custody, including modifications and enforcement of existing orders. Contact us today to schedule an initial consultation.