Parenting Plans Should Work for Children and Parents
Custody battles are often very emotional for all parties involved. At Kidwell, South & Beasley, we understand the emotions involved in such custody decisions. In divorce cases, Tennessee no longer uses such terms as "primary custody," "joint custody," or "full custody." Instead, the terminology has shifted to "primary residential parent," "alternative residential parent," and "split visitation schedule." Custody and visitation orders now take the form of a parenting plan.
Custody/Visitation
When courts are determining custody/visitation issues, state law directs that the courts consider the following relevant factors:
- Emotional ties existing between the parents and child
- Disposition of parents to provide necessities for child
- Continuity in child's life
- Stability of family unit of the parents
- Health of the parents
- Home and school record of the child
- Reasonable preference of the child, if the child is 12 years or older
- Evidence of abuse
- Character and behavior of any person who is frequently around the child
Parenting Plans
A parenting plan should adequately provide for the needs of the child which minimizes a need for future modifications of the plan. It details the responsibilities of each parent in regard to the care of the child. The parenting plan will include residential schedules for each parent, previously known as a custody and visitation schedule, along with detailing such matters as child support, insurance for the child, medical expenses, tax exemptions, and allocation of decision-making for the child.
The court looks at numerous factors when establishing a parenting plan. Important factors in this determination are the degree to which the parent has been the primary caregiver of the child, the importance of continuity in the child's life and the length of time that the child has lived in a stable, satisfactory environment, and each parent's employment schedule.
Primary Residential Parent
A primary residential parent is the parent who has residential time with the child for more than half of the year.
Alternative Residential Parent
An alternative residential parent is the parent who has residential time with the child for less than half of the year.
Child Support
Every parenting plan has to include a calculation of child support. Tennessee now uses the Income Shares Model of calculating child support, which is used in several other jurisdictions. The primary considerations for calculating child support are: each parent's monthly gross income, number of days each parent has with the child (this number is normally contained within the parenting plan), and child care costs. Child support cannot be waived or modified without consent of the court.
At Kidwell, South & Beasley, our Murfreesboro child custody lawyers can explain how the courts deal with child custody as well as what to expect to pay or receive in terms of child support.
- If circumstances change after the divorce, the parenting plan can be modified if the changes are substantial. A parent's relocation, a parent's inability to care for a child or a change in the child's needs can require a post-judgment modification.
Tennessee Parenting Plan Attorneys: 615-692-1421
When a divorce involves minor children, parents need to develop a parenting plan that keeps both parents involved and is in the best interests of the child. You need a lawyer who will explain your rights and obligations and stand by you as you make parenting time decisions. Contact us for an appointment.
