For parents navigating separation or divorce, few concerns weigh as heavily as the future of their children. The legal process of determining child custody and establishing a Permanent Parenting Plan can be complex, emotionally challenging, and requires experienced guidance. At Rogers, Shea & Spanos, we understand the stakes and are committed to helping you understand the foundational principles that guide Tennessee courts in making these critical decisions.
This process involves legal standards, a comprehensive evaluation of parental fitness, and the meticulous construction of a daily schedule, which focuses on one central mandate: the best interest of the child.
The Guiding Principle: The Child’s Best Interest
In every custody case, whether parents are agreeing on a settlement or presenting their arguments to a judge, the court’s sole focus is on what promotes the child’s overall well-being or best interest. This is not about the parents’ preferences or desires, but rather a holistic assessment of the child’s needs.
Tennessee law outlines a comprehensive set of factors that a judge must consider when deciding on custody and creating the parenting schedule. These factors ensure a thorough examination of each family’s unique circumstances. While all factors are important, the court’s analysis will naturally give more weight to those that are most relevant to your specific case. These factors serve as the legal foundation for establishing both the custody arrangement and the detailed parenting schedule.
Defining Custody
Custody is a bit of an archaic term when contemplating what courts are tasked with determining, and modern language. When determining “custody”, ie: creating a parenting plan, there are several components:
Primary or Alternate Residential Parent
- Primary Residential Parent (PRP): In Tennessee, one parent is designated as the PRP. This is the parent with whom the child resides for the majority of the time, typically more than 50% of the overnight periods.
- Alternate Residential Parent (ARP): The other parent is the ARP, who still has significant scheduled time with the child.
- Joint Primary Residential Parents (Joint PRPs): This designation is only available to parties who agree to equal parenting time and agree to this designation. It takes a greater amount of cooperation between parties as the designation can impact various parenting aspects and statutes.
Parenting Time
- Day-to-Day Parenting Time: This is the regular parenting schedule parents have with their children.
- Holiday Parenting Time: This parenting time that is established for federal holidays, school holidays, including Fall/Spring Breaks, Summer Break, Thanksgiving Break, and Christmas Break.
Decision Making
- Day-to-Day Decision Making: When exercising parenting time, parents are both expected and responsible for making decisions regarding the day-to-day care of a child while the child is residing with that parent, including any emergency decisions affecting the health or safety of a child.
- Major Decision Making: Major decision making consists of 4 categories: Educational Decisions, Non-Emergency Health Care, Religious Upbringing, and Extracurricular Activities. The categories can be designated to either party or be joint decision-making. Each category can carry a different designation.
Key Factors Guiding the Court’s Decision
To determine the custody arrangement and who is designated as the Primary Residential Parent, the court analyzes a number of statutory factors. These considerations are the core of the evidence presented in a custody dispute:
- The Emotional Ties and Relationship: The love, affection, and emotional ties existing between the child and each parent. This is often the most impactful factor.
- Parental Capacity for Care: Each parent’s ability to provide the child with food, clothing, medical care, education, and other necessary care.
- Willingness to Facilitate Contact: Each parent’s ability and willingness to foster a positive relationship between the child and the other parent, including encouraging the child to see and respect the other parent. Courts look favorably upon parents who actively co-parent.
- Continuity and Stability: The stability of the family unit and the continuity of the child’s existing environment. Courts are hesitant to disrupt a stable home and school environment without compelling reason.
- The Child’s Preference: If the child is over the age of 12, the court will consider their reasonable preference regarding the Primary Residential Parent. The court is not bound by this choice, but it is a factor in the analysis.
- Mental and Physical Health: The mental and physical health of the parents. While a health condition is not automatically disqualifying, the court examines how it impacts the parent’s ability to care for the child.
- Parental Conduct: Evidence of physical or emotional abuse, neglect, or inappropriate conduct toward the child or the other parent.
Structuring the Parenting Schedule
Once the custody roles are defined, the court moves to establishing the Parenting Schedule, which forms the backbone of the Permanent Parenting Plan. This schedule must be detailed, anticipating regular, holiday, and summer visitation. The goal is to provide a comprehensive, clear, and enforceable roadmap for the parents.
The plan will detail:
- Routine Schedule: A week-to-week plan, often alternating weekends, a 50/50 division, or a variation thereof.
- Holiday Schedule: An annual rotation for major holidays like Christmas, Thanksgiving, and Spring Break. This schedule supersedes the routine schedule.
- Summer Break: A specific plan for the extended summer vacation period, which may include blocks of several weeks for each parent.
- Transportation and Exchange: Clear rules on where and when the child exchanges will take place.
- Communication: Guidelines for parental communication and communication between the child and the parent they are not currently with.
Many courts encourage parents to negotiate and agree upon a schedule that works for their family dynamic. If parents cannot agree, a judge will impose a schedule based on the evidence presented and the best interest factors.
Your Trusted Middle Tennessee Counsel
Navigating the complexities of legal and physical custody, understanding the best interest factors, and drafting an effective Permanent Parenting Plan requires specialized expertise and experience. At Rogers, Shea & Spanos, our attorneys have a strong track record of authority in Tennessee family law. We guide our clients through mediation and litigation, ensuring that the legal strategy is robust and clearly focused on securing the most favorable outcome for your child.
Do not face this pivotal chapter alone. For legal counsel you can trust, contact Rogers, Shea & Spanos today to discuss how we can advocate for your child’s future.