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In Tennessee, child custody is determined based on the best interests of the child. The court will consider a variety of factors to determine what arrangement will be in the child's best interests, including:
- The child's relationship with each parent
- Each parent's ability to provide for the child's physical and emotional needs
- Each parent's mental and physical health
- The child's preference, if they are old enough to express it (typically age 12 or older)
- Any history of abuse or neglect by either parent
- Each parent's willingness to encourage a positive relationship between the child and the other parent
There are two types of child custody in Tennessee: physical custody and legal custody. Physical custody refers to where the child lives, while legal custody refers to the right to make important decisions about the child's upbringing, such as education, healthcare, and religion.
Custody arrangements can be joint (shared by both parents) or sole (held by one parent). Joint custody may be appropriate if both parents are able to cooperate and work together for the child's benefit. However, if there is a history of abuse or neglect, sole custody may be necessary to protect the child's safety and well-being.
Parents may negotiate a custody arrangement on their own, with the help of a mediator, or through litigation in court. It is recommended that parents consult with an experienced family law attorney to ensure that their rights are protected and that the child's best interests are being served.
The child custody arrangement is put into a parenting plan.
A parenting plan in Tennessee is a legal document that outlines the custody and visitation arrangements for children of divorced or separated parents. It is a comprehensive agreement that outlines how parents will share custody, make important decisions for their children, and handle day-to-day parenting responsibilities.
A parenting plan must be filed with the court as part of a divorce decree or custody order. The plan must be approved by the court and be in the best interests of the child.
A parenting plan typically includes the following information:
1. Custody arrangements: The plan will specify which parent has primary physical custody of the child and how much time the child will spend with each parent.
2. Decision-making responsibilities: The plan will outline which parent has the authority to make major decisions for the child, including decisions about education, healthcare, and religious upbringing.
3. Communication: The plan will outline how parents will communicate with each other about parenting matters, including how they will share information about the child's well-being and school performance.
4. Holidays and vacations: The plan will specify how holidays and vacations will be shared between the parents.
5. Transportation: The plan will outline how the child will be transported between the parents' homes, school, and extracurricular activities.
6. Dispute resolution: The plan will outline how disputes between the parents regarding parenting issues will be resolved.
A parenting plan is a legally binding agreement that both parents must abide by. If one parent violates the plan, the other parent can seek enforcement through the court.
In Tennessee, child support is a legal obligation that requires parents to provide financial assistance for their children. Child support is typically determined by a formula that takes into account the income of both parents, the number of children, and other relevant factors.
The Tennessee Child Support Guidelines provide a formula for calculating child support based on the following factors:
- Gross income of both parents
- Number of children
- Number of days each parent has primary custody
- Work-related child care expenses
- Health insurance premiums for the children
- Any other child-related expenses
The formula is intended to ensure that child support is fair and consistent, and that children receive the financial support they need to thrive.
In Tennessee, child support is typically paid until the child reaches the age of 18, or until the child graduates from high school, whichever occurs later. However, child support may continue beyond these points if the child has special needs or is undergoing post-secondary education.
If a parent fails to pay child support, there are several enforcement measures that can be taken, including wage garnishment, seizure of tax refunds, suspension of driver's licenses, and even arrest.
In Tennessee, if a child is born to unmarried parents, the mother has sole custody of the child until a court order says otherwise. This means that the mother has the legal right to make all decisions regarding the child's upbringing, such as education, healthcare, and religion. However, the father can still establish his paternity and seek custody or visitation rights through the court system.
If the father wants to establish paternity, he can do so by signing a Voluntary Acknowledgment of Paternity form or by filing a petition with the court. Once paternity is established, the father can then seek custody or visitation rights. The court will consider the best interests of the child when making a custody determination, taking into account factors such as the child's relationship with each parent, the child's age and developmental needs, and any history of domestic violence or substance abuse.
It's important to note that custody and visitation orders can always be modified if circumstances change in the future.
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