When parents separate or divorce, getting time with your children is important. But how is parenting time determined in Tennessee? Unfortunately, there is no one-size-fits-all answer. The court system will consider many factors, but the top priority is the child’s best interests.
Here is what you need to know so that you can set realistic expectations and plan for arrangements that support your child’s well-being.
What Are the Best Interests of the Child?
Like most states, Tennessee requires courts to make parenting time decisions based on the child’s best interests. This is not decided due to the parents’ convenience or financial status. The court will consider:
- The child’s age and developmental needs
- Each parent’s relationship with the child
- The child’s physical and emotional safety
- The parents’ willingness to encourage a healthy relationship with the other parent
- The child’s adjustment to home, school, and community
- Any history of abuse, neglect, or domestic violence
In any situation, judges want to make sure that any parenting arrangements support the child’s stability and growth.
Parenting Plans and Standard Schedules
Tennessee encourages parents to develop a parenting plan. This works as a roadmap for how time with the child will be shared. A parenting plan should outline:
- Specific weekdays, weekends, and holidays with each parent
- Vacation schedules
- Transportation responsibilities
- Decision-making authority for education, health, and extracurricular activities
If parents cannot agree, the court may implement a standard parenting schedule. The standard schedule can vary depending on the child’s age. For example, infants and toddlers could require shorter, more frequent visits with the noncustodial parent. On the other hand, older children may have longer, less frequent visits, including overnight stays and shared holidays.
Is There Equal Parenting Time?
While some parents share time roughly equally, it is not a guarantee that a 50/50 split is best for the child. The court will look at:
- Each parent’s ability to provide consistent care
- The child’s existing routine and school schedule
- The physical distance between homes
In many cases, one parent may be designated as the primary residential parent, and the other receives scheduled parenting time. With this arrangement, the court focuses on meaningful time with both parents whenever possible.
Can You Modify Parenting Time?
Parenting time is not set in stone. The law understands that circumstances change. A parent can request a modification if there is a substantial change in circumstances or the modification serves the child’s best interests. The modification is more likely to be approved if it can reduce conflict and promote stability for the child.
Resolving Issues with Mediation
Tennessee encourages parents to resolve disputes outside the courtroom whenever possible. Mediation can be a great way to develop a parenting plan that reflects the child’s needs and both parents’ schedules. Mediation can:
- Reduce emotional stress for the child
- Promote cooperative co-parenting
- Save time and legal costs
If mediation succeeds, the agreement can be submitted to the court for approval. This gives it the same legal weight as a court order.
How Is Parenting Time Enforced?
Parenting time orders are enforceable by the courts. If a parent consistently violates the order, the other parent may request the court to enforce it. Some of these enforcement options include:
- Making up missed parenting time
- Modifying custody or parenting time
- Imposing fines or other consequences
Courts take violations seriously. However, once again, they want to maintain the child’s relationship with both parents wherever possible.
Get Assistance for Your Parenting Legal Needs
How is parenting time determined in Tennessee? The courts focus on creating a schedule that nurtures the child’s growth, stability, and relationships with both parents. While courts set the framework, you want professional guidance to reach the best resolution for everyone involved.
When it comes to your child, a well-structured parenting plan can make a lifetime of difference. At Easter & DeVore, Attorneys at Law, we can help you with creating a parenting plan that puts your child’s best interests at the forefront. Schedule a consultation today.
