Divorce and Child Custody in Tennessee:

Navigating Legal and Emotional Landscapes

Divorce and Child Custody in Tennessee: Navigating Legal and Emotional Landscapes

Divorce is a challenging process, often complicated by the need to determine child custody arrangements. In Tennessee, the primary concern in custody decisions is the child’s best interest. Understanding this, the legal framework and the emotional dynamics at play can help parents navigate this difficult time more effectively.

Legal Framework for Divorce in Tennessee

Divorce in Tennessee can be granted on both no-fault and fault grounds. No-fault grounds include irreconcilable differences or living separately for at least two years without minor children. Fault grounds, which can influence the court’s decisions on issues like alimony and custody, include adultery, desertion, conviction of a felony, and habitual drunkenness or drug abuse, among others.

The divorce process generally involves several steps:

1. Filing a Petition: One spouse files a petition for divorce, citing grounds for the divorce.
2. Serving the Petition: The other spouse must be formally notified.
3. Response: The receiving spouse has 30 days to respond.
4. Negotiation and Settlement: Couples may agree on property division, alimony, and child custody issues.
5. Mediation: When couples can’t agree, a Mediator steps in as an unbiased third party to assist.
6. Trial: If no agreement is reached, the case goes to trial for a judge to decide.

Evaluating Your Likelihood of Custody

A few years ago, our legislature changed the wording of “custody,” “joint custody,” and “visitation.” It is now called Primary Residential Parent, Shared Parenting, and Parenting Time. However, we find that almost everyone refers to these matters as custody and visitation. Regardless of how it is referenced, Tennessee courts prioritize the child’s best interest in custody decisions. In evaluating your likelihood for custody, evaluate your parenting actions and prepare to discuss these actions with your attorney. Here are factors to consider:

• Your child’s relationship with each parent.
• Each parent’s ability to provide for your child’s needs.
• The child’s adjustment within their current home, school, and community.
• The mental and physical health of all parties involved.
• Each parent’s willingness to foster a relationship between the child and the other parent.

The state recognizes two types of custody: legal and physical. Legal custody refers to the right to make major decisions about the child’s life, such as education, healthcare, and religious upbringing. Physical custody refers to where the child lives.

Parenting Time

The court can award Primary Residential Parenting (sole) or Shared Parenting (joint). Each Judge has their preference and the way in which they usually award visitation and custody.  Disagreements over custody will put you in the middle of a contested and expensive divorce. The legal standard in deciding who will be named Primary Residential Parent is determined by what is in the child’s best interest.

After determining who will be the Primary Residential Parent or if this will be a Shared Parenting arrangement, the court will determine the other party’s parenting time or visitation. 

Tennessee requires divorcing parents to submit a parenting plan detailing how they will share the responsibilities of raising their child. This plan must address:

• Residential schedule: specifying where the child will live during the week, weekends, holidays, and vacations.
• Decision-making authority: detailing which parent will make major decisions or if they will share this responsibility.
• Dispute resolution: outlining how parents will handle disagreements regarding the plan.

The goal of the parenting plan is to ensure the child maintains a stable and nurturing environment despite the parents’ separation.

Mediation and Court Involvement

Mediation is often encouraged or required in Tennessee to help parents reach an agreement on custody and parenting plans. A neutral mediator facilitates discussions, aiming to resolve conflicts amicably.

If mediation fails, the court will intervene. Judges consider the abovementioned factors and may appoint a Guardian ad Litem, a special advocate representing the child’s best interests, to provide an independent assessment.

Modifying Parenting Arrangements

Parenting arrangements are not set in stone. Tennessee allows for modifications if circumstances significantly change. This could include a parent’s relocation, a change in the child’s needs, or a parent’s inability to comply with the original order.

Emotional and Psychological Considerations

Divorce and custody disputes can be emotionally taxing for both parents and the child. Parents should strive to:

• Communicate openly and respectfully.
• Prioritize the child’s well-being over personal grievances.
• Seek support from therapists or counselors for themselves and the child.
• Maintain consistency and routines to provide stability for their child.

Seek the Help of a Professional

Divorce and child custody are complex and emotionally charged issues. In Tennessee, the legal system aims to protect the child’s best interests while balancing both parents’ rights and responsibilities. Understanding the legal process and focusing on the child’s needs can help parents navigate this challenging period more effectively. Seeking professional legal advice and emotional support can also provide invaluable assistance during this transition.

Experienced Divorce & Custody Attorneys in Lebanon, TN

Divorce and child custody matters involve technical legal concepts requiring experience and clear thinking. Therefore, the best thing you can do for yourself and your child is to contact an attorney with experience in divorce and custody. Kane & Crowell, PLLC is a pre-eminent law firm that has been helping families with divorce and custody matters for over 26 years. Our attorneys have helped the families of Wilson, Smith, Macon, Trousdale, and Sumner Counties. We are located in Lebanon, Tennessee. Contact us today. We look forward to speaking with you.