One of the greatest sacrifices that a Tennessee parent may have to make when they choose to divorce their spouse is their loss of custodial time with their child. Even when a parent is able to maintain shared physical custody of their child with their ex, they still must cope with the fact that they will not have direct access to their child when their child is with their other parent. There is a way, though, that a parent can stay involved in their child's life even when the child is out of their home, and that is through the right of a parent to legal custody.
When Tennessee courts decide matters related to the custody and welfare of children they make furthering the best interests of the children at issue a top priority. As all children have their own unique needs, it is impossible to explain in a brief post how a child custody and visitation dispute can be resolved when one or both of the parents elect not to follow their agreement or order. However, the general information contained in this post may apply to a variety of custody and visitation challenges, all of which should be discussed with readers' family law attorneys.
When a Tennessee parent has their parental rights limited through a child custody order or agreement, certain actions that once may have been permissible for them to take with regard to their kids may run them afoul of the law. Parental kidnapping is a possible charge that a parent may face if they take their child when they are not scheduled to have custody of the youth and are in violation of an operating custodial plan.
No parent wants to throw their child's life into chaos with a divorce, but oftentimes ending a marriage is the best way for a Tennessee parent to create a better life for themselves and their child. When divorce becomes a reality in a family's future, a lot of questions can come to the surface. Where will the child live? How will the parents stay connected to the child when they are apart? And what arrangement of physical custody will give the child the best chances of thriving in their new living situation?
Often when Tennessee residents divorce they anticipate living their lives without the involvement of their soon-to-be former partners. Unfortunately, though, many former spouses must continue to interact and work together when they share children. This is especially true when the former partners agree to or have a joint custody order imposed pursuant to their divorce.
There are two forms of child custody that Tennessee parents must resolve when they choose to end their relationship and share their children in separate households. The first is physical custody. This form of custody is incredibly important, because it dictates where a child will live and how their noncustodial parent will have visitation time with them.
Getting a child settled in the wake of their parents' divorce can be a heavy undertaking for the parent who has primary physical custody of the child. The emotional toll that a divorce imposes on a child can be significant, as can be the difficulties associated with managing a new living arrangement and visitation schedule with the child's noncustodial parent. It is often the continuity of staying in their same school, keeping up with their same activities and visiting with their same friends that helps kids work through the challenges of their parents' divorce.
When a Tennessee court determines the custodial rights of two parents, a variety of different outcomes may result. The parents may share physical custody of their child and maintain space for the child in both of their households. A court may grant one parent sole physical custody of the child and allow the other to have visitation with them. If a parent is given visitation rights to their child it is important that they understand what those rights entail.
One thing seemed perhaps reasonably certain to you as a Tennessee parent regarding the court order imposed on child custody arrangements in your family law case, and that was this: At some point, it would need to be changed.
The law often evolves. These changes can reflect an attempt to right a wrong, an attempt to adjust the current law so that its application is more likely to result in justice. This is true for all areas of law, including family law.