Obtaining Maximum Parenting Time

The Tennessee Legislature has modified the language of the statute to deal with obtaining maximum parenting time / custody.  This statute, TCA sec. 36-6-106(a) provides that:

“In taking into account the child’s best interest, the court shall order a custody arrangement that permits both parents to enjoy the maximum participation possible in the lives of the child consistent with the factors set out below (in the statute), the location of the resident of the parents, the child’s need for stability and all other relevant factors.”

Now, what does that mean in the real world of divorce attorneys and their clients?  Does that mean a Judge must give a parent half the time with the children? Or does it mean there is no real change in the parenting time custody schedule?

As domestic / divorce attorneys, we handle divorces in front of Judges in Wilson, Trousdale, Smith, Rutherford, and other counties in Middle Tennessee.  We have had a lot of questions about this change and how it affects visitation and parenting time / custody.

Obtaining Maximum Parenting Time Considerations

Some judges consider this change to mean that both parents will have equal parenting time with the children (each parent will have one-half of the time).  Other Judges feel that nothing will change because they have always tried to maximize the parenting time based on each family’s situation. Domestic attorneys must know the judge’s feelings about this issue to best represent clients.

There are a lot of issues (or factors) involved in setting parenting time. If a parent hasn’t been a parent before a divorce, what would make a Judge believe you will do it now?  If you haven’t “participated” before the divorce, will you change after the dust settles and the divorce is over?  Have you been to parent- teacher conferences?  Do the children’s teachers even know who you are?

In a custody trial, one of the best or worst questions (depending on who you represent) is to ask a teacher if they know one parent or the other.  If a teacher can’t say they have talked with you at parent-teacher conferences or other school functions, then why should you have maximum time? Understandably, a parent who changes diapers, attends school functions, coaches, and participates in their children’s lives should have more time.

Parenting Involvement

Granted, there are a lot of other factors that go into parenting time decisions.  Common sense should tell you that you should act like a parent if you want more parenting time.   Even in the face of a contested divorce or custody case, time and time again, I have seen parents with a poor relationship with their children turn it around because they became involved.  It can be very hard to get to all functions or activities. In the long run, children have a much better chance of growing up to be good people if the parents maximize their time with their children.  Whether divorcing or not.

Are you facing a divorce or parenting time /  custody situation?  Our attorneys can help.  Contact us at, https://www.kane-law.com/contact-us/