4 Important Factors That Affect Parenting Plan Decisions in Tennessee

Navigating through a parenting plan case can be an emotional and complex process. This process is further complicated when parents aren't aware of the factors that courts consider when making their decisions. In the state of Tennessee, like most others, the child's best interests are the primary concern. While this list is not exhaustive, here are the four crucial factors that can influence parenting plan decisions in Tennessee.

1. The Mental and Physical Health of the Child and Parent

The court will look at the child's medical history to see if they need any special care, long-term treatment, or special arrangements. This information is very important because it helps the judge decide the amount of time the child can spend with both parents and how to care for the child's basic needs.

If the child's emotional health is in question, the court might require a mental health exam. If the child has any underlying psychological issues that may need treatment, or if they are healthy enough to be with either parent, the exam will help.

Parenting plan cases, if questioned, can also look at the parents' physical and mental health.

It is more likely that parents will give better care to their children if their mental and physical health is stable. If challenged by one party or the other, the court will look at any physical or psychological issues that might hinder a parent from giving their kid the attention, support, and guidance they need. Healthy parents create a good environment for their children. If a parent's health, whether mental or physical, is not in a good place, then the child may not receive the care they need and would be a factor the Court would weigh heavily if a parenting plan modification has been requested.

2. Domestic Abuse and Neglect

If a parent has been convicted of domestic violence or abuse against the other parent or the child, they may lose all parenting time with the child. In extreme circumstances of abuse, the court may deny or severely restrict the abusive parent's permission to visit and award sole parenting time to the non-abusing parent.

The court may also decide to provide increased or exclusive parenting time to the other parent if there is evidence of a history of neglect or improper care for the child. Physical, psychological, and educational neglect are all types of neglect. In any situation, the court's top concern is always the child's best interests, and a parent's history of neglect may weigh heavily when determining parenting time.

The prevalence of bad behaviors, such as drug or alcohol misuse, criminal activity, or insecure living circumstances, can additionally have a significant influence in child custody decisions. These actions may suggest that a parent is unable to provide a safe and stable home for their child, which can have negative effects on the child's physical and mental health.

3. The Child's Wishes

Traditionally, prior to the age of 14, courts in Tennessee rarely seeks to hear the wishes of a minor child when it comes to parenting time. After a child has reached an appropriate age and maturity, the child's wishes might shed light on the child's preferences and what is in their best interest. If a judge does decide to take the testimony of a minor child, the older the kid and increased level of maturity, the more weight their viewpoint has in the decision-making process.

On the other hand, the court has to think about issues like the possibility of parental estrangement or manipulation. Therefore, the child's preferences will not be the only element in a modification of parenting time case. The court will listen to the child's reasoning for his or her preference and determine if it is genuine or the result of parental influence.

4. Ability to Provide Care

The child's material and psychological requirements involve making sure the child has a clean and safe environment to live in, a good school to attend, and plenty of opportunities to interact with other children. A court is more likely to rule in favor of a parent seeking more parenting time who can provide these things plus a safe, stable home life for the child.

The willingness to cultivate a parental connection with the other parent is an integral part of providing for the child. Tennessee courts prefer it when both parents are involved in raising their children and work together for the benefit of the child. A parent's chances of gaining more parenting time if they are cooperative with the other parent and put the child's needs ahead of their own.

Contact us at Cobb Law Group if you need a family law attorney in Hendersonville, Nashville, Memphis, or Franklin, TN.