Browsed by
Category: Custody and Visitation

Parenting Plan

Parenting Plan

The parenting plan is a document that divides custody, visitation, and decision making between the parents. This post will go over the more common items that are included in a Tennessee Parenting plan. One of the main items in the parenting plan is the residential schedule. The residential schedule defines who the children will reside with during the school year, vacations, holidays, special occasions, and any limitations when visiting with a parent. The plan can award holidays such as Thanksgiving…

Read More Read More

When may a child decide which parent they want to live with?

When may a child decide which parent they want to live with?

I am asked quite frequently “at what age may a child decide whom to live with after a divorce”. The answer is 18 (the age of majority). Until a child becomes an adult they may not decide on their own which parent to live with after divorce. In Tennessee, if a child is 12 years of age or older the judge must hear testimony from the child (either in court or in chambers) as to the preference of the child….

Read More Read More

How is Child Custody Determined in Tennessee?

How is Child Custody Determined in Tennessee?

Tennessee courts use several factors to determine who gets custody of the children. The guiding factor in all TN custody decisions is the best interests of the child. Courts are prohibited from considering the gender of the parent in their child custody determinations. In making initial custody determinations the court will consider all relevant factors in the case including: The Willingness and ability of the parent to facilitate and encourage a close relationship between the child and the other parent….

Read More Read More

Single Parenting and Today’s Family

Single Parenting and Today’s Family

Over the past 20 years single-parent families have become even more common than the so-called "nuclear family" consisting of a mother, father and children. Today we see all sorts of single parent families: headed by mothers, headed by fathers, headed by a grandparent raising their grandchildren. Life in a single parent household – though common – can be quite stressful for the adult and the children. Members may unrealistically expect that the family can function like a two-parent family, and…

Read More Read More

Helping Children Deal With Divorce

Helping Children Deal With Divorce

Children can have a terrible time dealing with their parent’s divorce. Helping them deal with the emotional consequences can be difficult. There are some wonderful sources for parents to help their children during and after the divorce. The Oklahoma Family Law Blog has 3 excellent posts on resources for helping children of divorce. Helping Your Kids Cope With Divorce, Making Divorce Easier on Your Child, and What About the Kids? While you are there check out some of the amazing…

Read More Read More

Child Custody Cannot Be Changed Over Parent’s Homosexuality Alone

Child Custody Cannot Be Changed Over Parent’s Homosexuality Alone

In Tennessee, the mere fact that the primary residential parent is a homosexual is not enough to justify a change of custody. In 2005, the Court of Appeals addressed this very issue. The Tennessee Court of Appeals ruled that a mother’s homosexuality alone would not justify a change of custody. (Berry v. Berry) The Court found that there was no proof that the mother’s sexual orientation had affected the child’s well being. The Court stated that the post-divorce homosexuality did…

Read More Read More