Divorce Tennessee Custody

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Every state has its own set of laws and rights to resolve all the issues between two divorcing spouses. While providing legal end to the marriage, several marital issues are required to be sorted. The child custody is one of the most sensitive and critical issues dealt when children are present during their parent's divorce. The "tender years doctrine" was applicable to children aged seven years and less. As per this law, the sex of the parent was a determining factor for custody. However, from July 01, 1997, this doctrine was eradicated by the state law. Nowadays, the child custody is mainly ordered either as a sole custody or joint custody to the parents. However, the personal interest of the child is considered to be the major factor for granting child custody in Tennessee.

Factors Considered by the Court in Divorce Tennessee Custody

The court takes into account the following factors while deciding the plan for child custody:

• The father's and mother's past parenting responsibilities and potential for future performance of these responsibilities. This is inclusive of the capacity and readiness of each parent to foster and inspire a close and continuing relationship between the other parent and the child,
• The demeanor and personality of any person who frequently comes to or lives in the residence of the parent.
• How the person (described in the previous point) interacts with the child?
• Is there any proof of emotional or physical abuse to any parent, any child or any other person?
• If a child is minimum twelve years of age, then what is the reasonable preference of the child?
• If a child is less than twelve years of age, the court listens to his or her preference upon request to do so.
• The record of the child in the community, at school and in the house
• The physical and mental health state of both the parents and the child.
• Whether the parents are stable as a family unit
• How much is the significance of continuity in the life of the child? For what duration has the child resided in a satisfactory and stable ambiance?
• The inclination of each parent to offer child education, medical care, clothing, food and other essential care.
• The extent to which each parent has played the role of the primary caretaker.
• The emotional ties, affection and love that exist between the child and each parent.

Modification of Divorce Tennessee Custody

If there is a change in circumstances, the court might revise the custody order in order to modify it. Some of the major circumstances that are taken into consideration are:

• Adoption by the step parent
• Alteration in alimony or child support matter
• Relocation of the child out of this state
• When a teenager expresses a desire to reside with a specific parent
• When a parent files a petition for sole custody due to abuse, alcohol and/or drugs
• Has there been any alterations in the parenting schedule
• Any incidence of contempt of court due to interference with visitation or unpaid support
• If either of two partners is proven that the other partner is totally unfit to fulfill the custody responsibilities

Notice of Intent to Move in Tennessee

The relocating parent needs to serve a notice period for at least sixty days prior to the final relocation. At the same time, all essential details should be necessarily mentioned on the notice period such as, the intention of relocation, address of new location and various other related information. Some common reasons behind serving a notice about your relocation are:

• I am relocating to a location where the climate is conducive for my spouse's health
• I wish to reside nearer to my spouse's and my own family
• My spouse has been newly employed and hence relocation is essential
• I have been newly employed and so have to relocate

Child Custody Laws for Unmarried Parents

In Tennessee, if unmarried parents are no more together, then the child custody automatically goes to the unmarried mother of the child. It is easier for an unmarried mother to claim for the custody if all relevant documents such as child's birth certificate or any related proof is retained by the mother. On the other hand, if the father successfully presents the proof regarding the unfit status of the mother, then the court may grant the custody to that father.

The child custody in Tennessee mainly occurs as per the state laws and rights. However, state laws may differ depending upon the case like possibility of attaining child custody by unmarried parents or married parents.

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