Child Custody Laws in Tennessee are something that Parents planning on divorcing need to make themselves fully aware of. These will determine the future of their relationship with their children. Child Custody Laws in Tennessee provide a living arrangement that is safe and healthy for children.
For the state to have jurisdiction over a child’s custody hearing, he or she must be a current resident or have resided in the state for over six months before the court case. Child Custody Laws in Tennessee will still apply, even if a child has moved away but still has one parent residing in the state of Tennessee (TN).
Child Custody Laws in Tennessee & Parents’ Health
Parents who are mentally stable are considered by Child custody laws in Tennessee to be able to meet the needs of a child. The physical health of the parent is also an important factor if he or she is to take over primary custody of the child. A healthy parent will be able to work to provide for the daily needs of the child and to physically engage with the child on a daily basis. Although there is no specific illness that precludes any parent in Tennessee Child custody laws, parents’ medical history will be taken into consideration when rulings on child custody are made.
Tennessee Child custody laws & Parental Relationships
Child custody laws in Tennessee, encourage both parents to cultivate a healthy relationship so that they can create a healthy environment allowing a child to have a healthy and moreover, a stable relationship with his or her father and mother. To create conditions that are in keeping with the child’s best interest, parents need to work together so that they are raised in a consistently stable environment. Love might end between two parents but this does not mean the love that exists between children or parents should be any less. If there are concerns about the safety of children when they are with either parent, these concerns should be taken to the courts for them to render a legal judgement ensuring that the child is not exposed to the danger that the other parent poses. In such cases, visitation rights can be changed to supervised visits or be completely revoked.
TN Child Custody Laws & The rights of Unmarried Parent
In a state where over 40 percent of children are born to unwed mothers, it would be remiss for the state to have child custody laws that address and protect the rights of paternal and maternal parents as well as the children born of such situations. According to the Tennessee code section 36-2-303 of child custody laws in Tennessee, the biological mother has full rights and responsibilities of the minor child. Child custody laws in Tennessee come into effect when the father, having established paternity, lodges a custody or visitation rights with the courts. According to Tennessee state law, an unmarried mother is not compelled to include the name of the father on the birth certificate of the child. Unless the father signs an acknowledgement form, the father’s information can be included on the birth documents but the surname that the child takes is really up to the mother.
Sometimes paternity testing results out of a need for fathers who have been denied contact with a child they believe to be their own. Section 36-2-305 of state law makes provision for the man to contest legal rights over the child. If paternity has been legally proven then the fact that the mother gives birth to a child and takes care of it does not give her the right to withhold visitation. If the father believes that the child might be in danger when placed with the mother such as with cases where there is a history of drug abuse, mental instability or the mother raising the child in an otherwise unsafe environment then the paternal parent can petition for legal custody using the basic “best interests of the child” tenet. In so far as Tennessee child custody laws go, gender is not the absolute deciding factor.
Additional rights that non-custodial parents have are contained in section 36-6-101 of the Tennessee state law which gives non-custodial parents the right to having uncensored and uninterrupted phone calls with the child at least twice a week and during designated periods. The non-custodial parent also has the right of access to medical records and school transcripts. Tennessee child custody laws also protect the freedom of individuals from being slandered by one parent within earshot of the child.
In the best interests of your child, familiarize yourself with the child custody guidelines and child custody laws in Tennessee so that you are aware of your rights and responsibilities and that you are also aware of what your lawyer or legal team is supposed to be doing. A Parenting agreement or schedule is always a good idea.