Rasberry Family Law Group

Memphis Family Law Attorney Who Knows Tennessee Child Custody Law

In matters of child custody, Tennessee law focuses on the best interests of the child. Courts look at the facts of each case and consider a series of factors, including the child's relationship with each parent, the child's home situation and, if the child is old enough, the child's wishes.

Courts consider both physical and legal custody:

• Physical custody: Physical custody is where the child will live. Often, the child will live with one parent, referred to as the primary residential parent, and have parenting time with the other parent, call the alternate residential parent.

• Legal custody: Legal custody is the power to make major decisions in the child's life. These include decisions about education, major healthcare, religious upbringing and extracurricular activities. Unless there are special circumstances, like alcoholism, drug use or family violence, Tennessee courts prefer to give parents joint legal custody

The Parenting Plan—a Tennessee Imperative

When parents divorce, their child may be the one to suffer the most.  Tennessee makes it clear that the child is the most important person in the family.  If children are involved in your divorce, Tennessee law requires you to provide a written parenting plan.  Using parenting plan forms, you outline what you will do for your children:

• Where the children will live

• When the children will stay with each parent

  • Holidays

  • Vacations

  • Birthdays

• Amount of child support to be paid

• How you will make decisions about the children's welfare

  • Medical care

  • Education

  • Religion

• How you will settle any future disagreements about the children