What happens if we cannot agree on a parenting plan in Nashville-Davidson?

Nashville-Davidson, TN – Under Tennessee law, people getting a divorce are free to make their own arrangements concerning child custody. All you have to do is reach out to seasoned Nashville-Davidson child custody lawyers, sit down with your ex and negotiate a parenting plan that fits your needs. If only things were that simple. Unfortunately, sometimes the parents each want sole custody and the issue will have to be decided in court. 

What types of custody are available in Tennessee?

When it comes to physical custody of the child, you can have:

Full custody 

This is when the child lives with the custodial parent full time. This type of arrangement is uncommon as it is only used when the other parent was deemed unfit. In such cases, the other parent may be denied contact with the child or allowed short visits under the supervision of the other parent or a social worker.

Joint custody

Tennessee courts favor this type of agreement as it is beneficial for the child to have an ongoing relationship with both parents. A 50/50 split is rarely possible for practical reasons. One of the parents may be designated primary custodial parent, while the other will get considerable visitation rights, like weekday visits and overnight stays on alternate weekends.

What should a parenting plan include?

Knowledgeable Nashville-Davidson divorce lawyers can help you include all the important elements, such as:

Legal custody – which of you gets to make the important decisions concerning the child (school, church, community activities, health care, etc)

Physical custody – with a detailed visiting schedule

Child support – even with joint custody, the parent making more money may need to pay child support to the other

Keep in mind that a parenting plan is not legally binding per se. You’ll still submit it to the court, but judges don’t usually interfere with a parenting plan both sides agree upon unless they must in order to protect the child’s best interests.

What happens if we cannot agree on a parenting plan?

If the two parties cannot agree upon a parenting plan, the judge will probably order them to attend mediation. Sometimes this doesn’t work either. According to the law, if there is no agreement 45 days prior to the trial, each parent will have to submit a parenting plan.

Your lawyers will help you draw up a plan according to your wishes. The parenting plan you present must include: 

• a verified statement of income
• a verified statement of good faith
•  a verified statement that the plan is in the best interest of the child.

At the same time, your lawyers will prepare the evidence needed to prove that the child would be better off with you. They can argue that the other parent has had little involvement in the child’s life and lacks parenting skills. If the child has a strained relationship with the other parent this can also be brought up in court.

Obviously, if the other parent has a substance abuse issue, a criminal record, or a history of violence and abuse, such arguments will weigh heavily in your favor.