Helping Families Survive After Divorce in Tennessee

Once the painful decision to divorce has been reached, parents’ immediate concerns are naturally for their children and what will happen to them. While it is a stressful time for everyone involved, Garner Law Firm, PLLC recognizes and values how important it is for your children to be allowed to spend as much quality time as possible with both parents. We are zealous about providing incomparable legal services to meet your family’s needs.

The five types of custody arrangements available in Tennessee include: 

• Joint legal custody- parents maintain equal rights to make meaningful choices about the children’s schooling, healthcare, and other significant decisions about upbringing. 
• Joint physical custody- Both parents spend a significant if not equal, amount of time with the children. This ensures that both parents maintain a strong bond with the children despite the divorce. 
• Joint custody- Both parents maintain communal legal and physical custody rights. 
• Primary legal custody- Only one parent is allowed the right to make crucial decisions for the children
• Sole physical custody- Only one parent retains physical custody of the children, while the other parent spends time with them during their scheduled vacation time. 

What Factors are Considered in Custody Arrangements?

In Tennessee, the courts consider many factors in child custody orders. Generally, courts prefer custody arrangements in which the parents are willing to work together in the best interest of their children despite any hostility between the two divorcing parties.

The courts consider the children’s wishes in custody cases as often as possible. The judge will consider the children’s ages, maturity, and judgment when factoring these preferences into custody arrangements.

What If I Need to Relocate With My Child(ren)?

Relocation Disputes typically arise when a custodial parent requests permission from the court to move with a minor child or children. This is most commonly due to a job transfer, remarriage, or other significant life change. These disputes can be intricate and emotionally charged, as they involve determining the child’s (ren) best interests and balancing the rights of both parents. The non-custodial parent may object to the relocation, citing concerns about the impact on their relationship with the child, logistical challenges to exercise parenting time, or the child’s stability. Before deciding whether a move with a child is allowed, the court must consider all factors, including the child’s relationship with each parent, the reason for the move, and the potential repercussions on the child’s well-being.

In these cases, both parents need to seek seasoned legal counsel to navigate the complexities of custody disputes. Garner Law Firm, PLLC can help parents understand their rights and duties and work towards finding a solution that prioritizes the child’s best interests while protecting each parent’s rights.

What Does the Court Consider in Relocation Disputes?

There are many different reasons the court might consider a relocation case. 

• Most often, there is a dispute about relocation between two divorced parents or parents where custody has been established previously. In this case, a custodial parent wants to move across state lines. A modification to an existing parenting plan is requested. The hardest part of these cases is that geographical distance, by its very nature, impacts the parents’ involvement, who remains behind if a move is allowed. 
• A dispute over relocation comes up between two divorcing parents or parents involved in establishing custody where one parent wants to move out of state, but final custody of the minor child(ren) has not yet been determined
• Sometimes, parents agree to a move for a child or children but cannot agree on the logistics of travel or support for the parents. 
• Note that special Tennessee laws apply for military parents on active duty deployment in the short term.

What is Meant in the Tennessee Parental Relocation Law by “Reasonable Purpose?”

There has been some controversy over the interpretation of Tennessee’s parental relocation statute and what was initially intended by the phrase “reasonable purpose.” In 2017, the Tennessee Supreme Court sought to clarify that the term must be given “its natural and ordinary meaning” and that the original legislation was intended to simplify parental planning. The parent spending the most time with the minor child can relocate unless the opposing parent meets a high standard of proof for their opposition to the move.

How Do We Create A Fair Parenting Plan in Tennessee?

Until a formal plan is adopted and agreed upon through the court, parents should strive to create a provisional plan so that their children are cared for, and their needs are appropriately met. The seven parts are: 

• General Custody arrangement
• Who will make the day-to-day emergency decisions regarding the children’s welfare
• Time-sharing
• Additional visitation
• Information sharing—How will communication regarding school events and other important information be shared between the two parties to limit conflict as much as possible 
• Transportation- Particularly, who is responsible for transporting children between visits from each parent and to and from various extracurricular activities  
• Depending on whether or not the agreement is formalized, there may be other aspects of child support, relocation, and jurisdiction. 

Every family is unique, and even in divorce cases, they want all their needs addressed with calmness and clarity. Ultimately, the best interests of your children are served when solutions can be found as quickly as possible. Our family law team is dedicated to ensuring you stay informed of what is happening with your case at all stages. Call Garner Law Firm, PLLC, at 615-502-4336 for a free consultation.