Why won’t you be able to win custody in Tennessee?
Simply stated, because your children are not a prize to be won.
In Tennessee, the proper terminology concerning the on going care and support of your children is Co-Parenting and Decision Making. You and spouse must agree to a Permanent Parenting Plan. Any decisions left to the court will be decided on the Best Interests of the Child, the BIOC standard without regard to your opinions. The parent with whom the child resides for more than 50% of the time is title the Primary Residential Parent, the PRP, and the other parent is title the Alternate Residential Parent, the ARP. The Basic Child Support Obligation, the BSCO will be paid by the ARP to the PRP based on the Income Shares Approach to calculating child support.
This terminology shifts the focus from the conflict of divorce to the care of your children.
Permanent Parenting Plan
A Parenting Plan is way for divorcing (or even divorced) parents to plan for the parenting of their children after a divorce. This is a program designed to empower the Court system and parents with the necessary tools and skills to provide a better comfort level for the children of divorce. The Parenting Plan recognizes the importance of the parent-child relationship to the welfare of the child. In most situations, children do best when they receive the emotional and financial support of both parents. Every component of the Parenting Plan is designed to focus on the child’s best interest.
Development of a permanent Parenting Plan provides parents with an opportunity to establish a road map for future parenting of the child. The Plan can serve as a successful tool in reducing conflict when it is prepared in thoughtful, rational discussion rather than in heated emotional exchanges. It removes legal jargon and replaces it with common, everyday terms, and sets the framework to develop a family reorganization. The Plan can work to preserve family relationships. It encourages both parents to make their children the number one priority, and to see the need for the children to maintain a close, continuing relationship with each parent. The Parenting Plan enables both parents to remain involved in major decisions including education, religion, and medical care.
The Parenting Plan attempts to move away from the concepts of “custody” and “visitation” to emphasize the concept of “parenting responsibilities.” The overall goal and objective of the Plan is to lessen the hostility and encourage parents to work cooperatively in the best interests of their children. As parents working together, you will make the major decisions including education, religion, and medical care. You will make the decisions on how to resolve future issues as you continue to parent your children.
We are Memphis Divorce and Family Lawyers that want to help our clients understand divorce and family law procedures. Part of this understanding comes with know legal terminology. We hope that this helps you better understand divorce and family law issues in Memphis.
