How Does the Law Determine Splitting Time With Divorced Parents?
When parents divorce, determining how time is split between them becomes a critical concern. This decision impacts not just the parents but also the children who are at the heart of the separation. Family law in Tennessee provides guidelines to address this issue, aiming to create arrangements that serve the best interests of the children.
Understanding Tennessee Family Law on Custody and Time Sharing
Tennessee family law emphasizes that decisions regarding child custody and time-sharing should be made with the child's well-being as the primary concern. This principle is rooted in Tennessee Code Annotated § 36-6-106, which outlines factors that courts consider when determining parenting arrangements.
The law differentiates between "custody" and "parenting time." Custody refers to the legal responsibility for making decisions about a child’s upbringing, including education, health care, and religious training. Parenting time, on the other hand, involves the actual time a child spends with each parent.
Types of Custody Arrangements
Tennessee family law recognizes two main types of custody: legal custody and physical custody.
Legal Custody: This involves the right to make significant decisions about a child’s life, such as education, medical care, and religious upbringing. Parents can share legal custody (joint legal custody), or one parent can have sole legal custody.
Physical Custody: This pertains to where the child lives and the day-to-day care they receive. Physical custody can also be joint or sole. In a joint physical custody arrangement, the child spends a significant amount of time with both parents, though not necessarily equally.
Determining Parenting Time
When deciding how to split time between divorced parents, Tennessee family law focuses on various factors. Courts are guided by what is considered in the child’s best interest. Factors include:
The Child’s Emotional Needs: Courts look at how different custody arrangements might affect the child's emotional well-being.
The Relationship Between the Child and Each Parent: The existing relationship and each parent’s involvement in the child’s life play a crucial role.
Each Parent’s Ability to Provide for the Child: This includes physical, emotional, and financial aspects.
The Child’s Adjustment to Home, School, and Community: Stability is a significant consideration.
The Parents’ Ability to Communicate and Cooperate: Effective communication and cooperation between parents are essential for a successful joint custody arrangement.
The Child’s Preference: Depending on their age and maturity, the child’s preferences may be considered.
The Role of Mediation and Parenting Plans
Tennessee family law encourages mediation as a way to resolve disputes about time-sharing and custody. Mediation is a process where parents work with a neutral third party to negotiate an agreement that works for both parties and, most importantly, for their children.
A key component of this negotiation is the development of a parenting plan. Tennessee law requires parents to submit a detailed parenting plan, which outlines how time will be divided, how decisions will be made, and other relevant arrangements.
Drafting a Parenting Plan
Creating a parenting plan involves several key elements:
Schedule of Parenting Time: The plan should specify when the child will spend time with each parent, including weekdays, weekends, holidays, and vacations. Flexibility can be important, so the plan might also include provisions for adjustments.
Transportation Arrangements: The plan should detail how the child will be transported between homes, including who will be responsible for transportation.
Communication: The plan may include how parents will communicate about the child’s needs and any changes in the schedule.
Conflict Resolution: It’s useful to include procedures for resolving disputes that may arise regarding the parenting plan.
Decision-Making Responsibilities: The plan should address how decisions about the child’s education, health care, and other significant aspects will be made.
Modifying Custody and Parenting Time
Changes in circumstances can lead to modifications in custody and time-sharing arrangements. Tennessee family law allows for modifications if there is a significant change in circumstances that affects the child’s well-being. For example, if one parent relocates or if there are changes in the child’s needs, a modification might be necessary.
To request a modification, a parent must demonstrate that the proposed change is in the child’s best interest. The court will review the evidence and determine whether the modification is warranted.
The Impact of Parental Conduct
Parental behavior can also influence custody and time-sharing decisions. Tennessee family law considers the behavior of both parents, including any actions that might affect the child’s safety or well-being. For example, issues such as substance abuse, domestic violence, or neglect can impact the court’s decisions about time-sharing arrangements.
Enforcement of Parenting Time Orders
Once a custody and parenting time order is in place, it’s important for both parents to adhere to it. If one parent fails to follow the court order, the other parent can seek enforcement through the court. Enforcement measures can include modifications to the existing order or other legal remedies to remain compliant.
Challenges in Splitting Time
Splitting time between divorced parents often presents challenges. These challenges can include:
Coordinating Schedules: Aligning schedules can be difficult, especially when parents have differing work hours or live far apart.
Handling Disagreements: Disputes between parents about time-sharing or other aspects of the parenting plan can arise.
Adjusting to Changes: Both parents and children may need time to adjust to new routines and living arrangements.
Effective communication and a willingness to compromise are crucial for overcoming these challenges. Mediation and family counseling can also provide support in managing these issues.
Legal Requirements for Relocation
Under Tennessee law, a parent who wishes to relocate more than 50 miles from their current residence must provide notice to the other parent, according to the Legal Resource Center on Violence Against Women. This notice must be given at least 60 days before the intended move unless the court grants an exception for an emergency situation.
The purpose of this notice is to allow the other parent time to respond and potentially seek modifications to the existing parenting plan. The relocating parent must include details about the new location, the reasons for the move, and how the move will impact the child's current schedule and relationships.
Modifying Parenting Plans Due to Relocation
If a parent plans to relocate, changes to the existing parenting plan may be necessary. The court will review the proposed changes and consider the impact on the child's well-being. Factors the court may evaluate include:
The Distance of the Move: Greater distances can make frequent visits more challenging and may affect the feasibility of maintaining a balanced time-sharing schedule.
Impact on the Child’s Routine: The move may disrupt the child's school, extracurricular activities, or social connections. The court will assess how the relocation might affect the child’s stability and continuity.
The Relocating Parent’s Proposal for New Time Sharing: The relocating parent must provide a revised time-sharing proposal that addresses how they’ll maintain the child’s relationship with the non-relocating parent.
The Non-Relocating Parent’s Ability to Maintain a Relationship: The court will consider whether the non-relocating parent can effectively maintain a relationship with the child given the new distance.
Legal Resources and Support
For those dealing with custody and time-sharing issues, there are various resources available. Family law attorneys can provide guidance on managing the legal process and understanding rights and responsibilities. Additionally, local family court services and community organizations often offer support for parents and children adjusting to changes in family dynamics.
Enlist the Support of a Reputable Attorney
Determining how to split time between divorced parents involves careful consideration of numerous factors, all guided by Tennessee family law. The primary goal is to serve the best interests of the child, balancing the needs of both parents with the child’s need for stability and positive relationships with both parents.
By understanding the legal framework, working cooperatively, and seeking professional assistance when needed, parents can manage this challenging process and create effective and beneficial arrangements for their children.
My firm, the Law Offices of Fisher Wise, is located in Chattanooga, Tennessee, and I provide services for Red Bank, East Ridge, Soddy-Daisy, and all surrounding counties, including Hamilton County, Bradley County, Marion County, Sequatchie County, Bledsoe County, Rhea County, and Meigs County. Reach out to the Law Offices of Fisher Wise today to schedule a consultation.