Parents who divorce or separate in Tennessee typically have to find ways to share custody. Doing so may require lengthy negotiations. Some parents can establish their own custody arrangements. However, many times parents find themselves disagreeing intensely about how to divide parenting time and parental authority.
They may then need to ask for the assistance of a family law judge. In contested or litigated custody scenarios, judges establish a custody order that they believe upholds the best interest of the children, with a focus on stability and consistency. They must learn about family circumstances to create an effective parenting plan.
What factors do family law judges consider when establishing a custody order in Tennessee?
The children are always the focus
Parents sometimes become so fixated on their rights and desires that they may fail to consider what the children truly need. A judge must always put the best interests of the children first when making custody determinations. The exact division of parenting time and legal authority can be vastly different from one case to the next.
Judges look at factors including the current relationship each parent has with the children and the needs of the children. The children’s preferences can also play a role once the children turn 12. The schedules of the parents and therefore their overall availability can also be an important consideration.
Their living circumstances can have a major impact on what a judge feels is best for the children. Someone in unstable or temporary housing who doesn’t have space or basic items for the children may not be able to reasonably meet their needs during overnight parenting time.
Financial stability is another consideration, as is the health of the parents. Judges may also consider the willingness of the parents to put the children first and work with one another. Judges can also hear about certain types of misconduct including drug abuse and domestic violence.
In cases involving allegations of parental misconduct, there generally needs to be documentation affirming that such misconduct has occurred. Allegations made by one parent against the other are often insufficient evidence for the purposes of custody proceedings. Medical records, police reports and financial documents typically have more influence than the claims made by either parent.
Understanding how judges approach child custody matters can help parents develop reasonable expectations and a viable strategy before going to family court. Most parents can obtain a reasonable allocation of parental rights and responsibilities if they assert their desire to be an active part of their children’s lives.