Franklin Child Custody Attorneys
Nashville Custody Lawyers
The word custody has been substituted in Tennessee Courts in recent years with Primary Residential Parent. The meaning is still the same in that in most situations one parent ultimately maintains a more dominant parenting relationship with the children while the other parent visits regularly. In cases resulting from divorce, the decision of who should serve as the primary residential parent is often made by the parties based upon their previous parental roles while spouses. Circumstances, financial and otherwise, often delineate work schedules and school schedules which leave little for debate. What is important to understand is that the Court is going to base its decision on the best interests is of the children involved. In making this decision the court will consider many things such as: the parents respective work schedules, the children's schedules, each parent's previous influences on the children, the education level of each of the parents, drug or alcohol abuse by either parent, physical or emotional abuse of the children or the other spouse, alienation of parental affection by one spouse against the other and after the children have turned thirteen years old, the children's wishes.
The trend in the courts and the law has been to look towards joint parenting decision-making and a more equal division of parenting time. That is certainly not to say that the judges will in all cases grant a 50-50 division of time and allow joint decision-making, only that the judges are instructed to consider this as an option before determining otherwise. In reality these situations are very difficult to maintain and one would be wise to seriously consider the likelihood of this arrangement being manageable before asking for or agreeing to such an arrangement. However, in cases where these arrangements work well, the children seem to benefit greatly from their parents cooperation and ultimately suffer far less than other children who fall victim to divorce.
Whatever agreement is reached regarding custody and visitation; it is likely to be far more palatable to the parents and children than one manufactured by the court at the conclusion of a trial. Unfortunately, despite the best efforts of each of the attorneys, the judge is not likely to have as clear a picture of your personal circumstances as you may have hoped. Judges will look to the best interest of your children and do their best to fashion a Permanent Parenting Plan, which will serve to adequately address the children's needs. Ultimately; however, the judge will not likely take into account many of the infinite considerations that may be unique to your family's situation. Because of this, parties are often required to attend Mediation. Mediation is nonbinding arbitration; during which, parties attempt to amicably resolve the issues between them. This process works quite well, especially in matters of family law. The mediator, certified as set out in Rule 31 of the Tennessee Supreme Court Rules, is an experienced divorce and family law practitioner familiar with the habits and tendencies of our local judges. The mediator will listen to each party's point of view; through conversations with the parties and their respective counsels, review financial data supplied prior to the data mediation and will work to aid the parties in fashioning an agreement which works to best serve the parties and their children. Mediation is not limited to custody, all matters pending between the parties may be addressed.
