Tennessee divorce law requires the court to make sure that parenting plans serve the best interests of the affected child. Even when both parents agree on the divorce and custody terms, the court still reviews the parenting plan.
This rule applies in both contested and uncontested divorces. To know what to expect during custody proceedings, you and your spouse should understand what the court will look for in your parenting plan.
What does an uncontested custody arrangement look like?
In a situation where both parents agree to share custody, they might decide that the child will live with each parent on alternating weeks. They may also agree to share holidays evenly and make major decisions together. They can include these terms in a written parenting plan and file it with the court as part of their uncontested divorce.
Even though the parents agree, the court must still look over the plan. The court checks several crucial points. The court looks at how much time each parent will spend with the child. It is also important to ensure that the parents will be able to communicate well and work together. The court also reviews how the parents will make decisions about health care, school and extracurricular activities.
How does the court make custody decisions?
The court uses a list of factors listed in Tennessee law to decide if the plan puts the child’s needs first. These factors include the child’s relationship with each parent, the ability of each parent to care for the child and the stability of each home. The court also considers the child’s school and community ties, as well as the mental and physical health of each parent.
If the court finds that the plan does not meet the child’s best interests, the court may ask the parents to make changes. The court may also make changes itself, especially if it sees risks to the child’s well-being.
The parents may agree on everything regarding post-divorce custody, but the court holds the final say. This rule protects the child and ensures that the custody plan supports the child’s long-term needs. Parents who want a smooth process should create a clear, balanced and child-centered parenting plan that meets the legal standards in Tennessee.