When Can Your Child Decide Which Parent He/She Wants to Live With?
January 23, 2008 | Leave a Comment
One of our most frequently asked questions regarding a divorce here in Memphis or in Mississippi is “When can my child decide who they want to live with after my divorce.”
The answer is 18 (the age of majority). Until a child becomes an adult they may not decide on their own which parent to live with after divorce.
However, under both Tennessee child custody laws and Mississipi child custody laws, if a child is 12 or older the judge may hear testimony from the child (either in court or in chambers) as to the preference of the child. However the judge is not under any obligation to place the child in their preferred home. The preference of the child is merely one factor that the judge will consider in awarding custody to the primary residential parent.
The main consideration that the judge uses to determine custody is the best interest of the child. The preference of the child is only one consideration in determining what is in the best interest of the child. However, if all other considerations are equal then the preference of the child will often times be the tipping point.
Memphis Divorce - The Tennesse
January 23, 2008 | 1 Comment
Memphis Divorce Lawyers - The Tennessee Parenting Plan
When a divorcing couple in Tennessee have children they must submit a parenting plan. The parenting plan is a formal document that the couple creates stating all the agreements concerning custody, visitation, and decision making.
Here are some of the more common items that are found in a Tennessee Parenting Plan.
- Residential Schedule
When going through your Memphis divorce with children one of the most important parts of your Tennessee Parenting Plan will be the residential schedule. The residential schedule details who the children will live with during the school year, vacations, holidays and special occasions. It also states if there are any limitations when visiting with a parent. The Tennessee Parenting Plan can award holidays, for example Halloween, to the father every even year and to the mother every odd year. But the parents can agree that there may be some holidays that will be given to one parent every year. Usually a plan will define what time a holiday begins and what time it ends. It is important to have a detailed plan to prevent problems with interpretation later.
- Decision Making
The next step in a plan is to assign decision making between the parents. Major decisions such as which school to attend or what religion the child will be raised as can be assigned to one parent or jointly. However, day-to-day decision making is generally given to the parent that the child is residing with at the time the decision needs to be made. If certain decisions are particularly important to a parent, this is the time to make that known and reach an agreement.
- Child Support
Of particular concern to most parents is child support. This area of the Tennessee Parenting Plan states which parent will pay child support and in what amount. In Memphis Child support is calculated using state guidelines which are based on the income shares model. This section of the parenting plan will also explain which parent is responsible for maintaining health insurance on the child. And if a parent is required to have life insurance during the child’s minority, it will also be listed here.
- Dispute Resolution
A provision discussing dispute resolution is generally included in a parenting plan. Many plans provide for disputes between the parties to go through a mediator before going back to court. This provision should also state who is responsible for costs of mediation or arbitration.
This is not a complete list of all the concerns that are covered in the Tennessee Parenting Plan, but rather a list of the most commonly found sections. If you have detailed questions concerning your Memphis divorce and Tennessee Parenting Plan please contact a competent Memphis Family Attorney or Memphis Divorce Attorney, or you may call the office of the Ferrell Law Firm at 901-754-1340.
