Help With Child Custody Issues

Divorce and custody cases can be the most bitter litigation.

So Who Gets Custody?

The legal standard in deciding who will get custody is what is in the best interest of the child or children. The mother and father, if contested, will have a different view of what is in the best interests of the child or children.

The criteria for custody are set out in a statute, TCA 36-6-106. They include the following:

• The love, affection and emotional ties existing between the parents and child
• The disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver
• The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment
• The stability of the family unit of the parents
• The mental and physical health of the parents
• The home, school and community record of the child
• The reasonable preference of the child if 12 years of age or older
• The court may hear the preference of a younger child upon request. The preferences of older children should normally be given greater weight than those of younger children
• Evidence of physical or emotional abuse to the child, to the other parent or to any other person
• The character and behavior of any other person who resides in or frequents the home of a parent and such a person’s interactions with the child
• Each parent’s past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child

Tennessee law also provides that if it is in the best interests of the child, the court must “substantially maximize” parenting time between the child or children and both parents. This does not automatically mean that there will be a 50/50 equal parenting schedule.

Whatever the outcome, there will be a parenting plan that sets out the parenting schedule for both parents, identifies the primary residential parent, specifies child support, determines who claims the child or children on taxes, and establishes whether decision-making will be joint or sole.

To learn more in a consultation with a lawyer, please contact our law firm by calling 931-400-2548 today. You can also reach us via email.