Custody of Children Under 36 Months Upon Divorce: Legal Implications and Decisions

1. Custody of Children Under 36 Months Upon Divorce: Legal Implications and Decisions"

The first question my clients often ask when they come in for counseling is “How do I get custody of my children?” The harsh reality is that all too often only one parent is designated as the child's primary residential parent. As the name suggests, the resident parent is the parent with whom the children will primarily live. Children will spend most of their time with this parent. On average, one parent will have custody 277 days per year, while the other parent (the non-custodial parent) will only have custody for 88 days. Divorcing parents can negotiate who will become the primary cohabiting parent. This is definitely the simplest and most cost-effective way. But as you can imagine, this decision is not always easy to make. In cases where both parents want to become the primary residential parent, a judge will make the decision. Here are 5 areas to focus on so you can be the best candidate for the Lead Boarding Parent role:

1. Do not go out with anyone

This proves difficult for many of my clients, but if you want to prove to the judge that you have your child's best interests at heart during this difficult time in their lives, start here .

2. Act in your child's best interests

This may seem obvious but can easily be overlooked when it comes to divorce. I often see parents leading their children into fights by telling them adult things and conversations. Don't do that. That's not good for your children, and it's not good for your goal of proving to the judge that you are worthy of being the primary parent of residence. Children should be kept out of divorce proceedings as much as possible.

3. Know the factors the court will consider

In Tennessee, the factors the court will consider when deciding child custody are present in TN. Code Ann. § 36-6-106:

(a) In an action for annulment, divorce, separate maintenance, or any other proceeding requiring the court to make a determination regarding the custody of a minor child, the determination shall be made on the basis of best interests of the child. Taking into account the best interests of the child, the court shall order a custody arrangement that allows both parents the maximum possible participation in the child's life, consistent with the factors set forth in this paragraph. . location, the child's need for stability and all other relevant factors. The court will consider all relevant factors, including the following, if any:

(1) The strength, nature and stability of the child's relationship with each parent, including whether one (1) parent assumes the majority of the parental responsibilities related to the child's needs. child's daily routine or not;

(2) Each parent or guardian's history and potential for future parenting responsibilities, including the willingness and ability of each parent or guardian to facilitate and encourage Encourage a close and lasting parent-child relationship between the child and his or her two parents. , consistent with the best interests of children. In determining the willingness of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, the court shall consider the likelihood of each parent and caregiver to honor and facilitate court ordered parenting arrangements and rights, and the court shall further consider any history of either parent or any caregiver denying parenting time to either parent in violation of a court order;

(3) Refusal to attend a court ordered parent education seminar may be considered by the court as a lack of good faith effort in these proceedings;

(4) The disposition of each parent to provide the child with food, clothing, medical care, education and other necessary care;

(5) The degree to which a parent has been the primary caregiver, defined as the parent who has taken the greater responsibility for performing parental responsibilities;

(6) The love, affection, and emotional ties existing between each parent and the child;

(7) The emotional needs and developmental level of the child;

(8) The moral, physical, mental and emotional fitness of each parent as it relates to their ability to parent the child. The court may order an examination of a party under Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party under § 33-3-105(3). The court order required by § 33-3-105(3) must contain a qualified protective order that limits the dissemination of confidential protected mental health information to the purpose of the litigation pending before the court and provides for the return or destruction of the confidential protected mental health information at the conclusion of the proceedings;

(9) The child's interaction and interrelationships with siblings, other relatives and step-relatives, and mentors, as well as the child's involvement with the child's physical surroundings, school, or other significant activities;

(10) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;

(11) Evidence of physical or emotional abuse to the child, to the other parent or to any other person. The court shall, where appropriate, refer any issues of abuse to juvenile court for further proceedings;

(12) The character and behavior of any other person who resides in or frequents the home of a parent and such person's interactions with the child;

(13) The reasonable preference of the child if twelve (12) years of age or older. The court may hear the preference of a younger child upon request. Older children's preferences often carry more weight than younger children's;

(14) Each parent's work schedule and the court may make accommodations to accommodate that schedule; And

(15) Any other factors deemed relevant by the court.

4. Honestly evaluate trengths ansd weaknesses

How do you assess your child's best interests given the above factors?

Honest self-assessment is difficult. It's difficult to step outside of yourself and honestly imagine what a judge would see. But if you want to be successful in your efforts to become a primary resident parent, it's a must. This is an area where lawyers are very valuable. An experienced attorney can help you evaluate how your parenting skills, life skills, and socioeconomic situation before and after your divorce will be viewed by a judge and whether you can What can be done to improve them if necessary? You will want to consider the factors above and think about how the evidence you can gather will demonstrate to the judge that you are the best choice for primary residential custody. Likewise, you will want to evaluate your spouse's strengths and weaknesses based on the factors above, focusing on evidence that supports your argument that you are the best candidate for the job. primary resident parent.

5. Rceipt of goods

Like any legal proceeding, your divorce and child custody case will require you to present evidence before a judge. Many divorces occur due to inappropriate behavior on the part of one or both parties. If your spouse is guilty of inappropriate behavior, the trick is to prove it. In many situations, I highly recommend hiring a private investigator. But that's not the only way to gather evidence. Always save text messages and email communications. I also recommend recording your phone conversations. Sometimes my clients worry about their spouse's mental health. In this situation, asking the court to order a mental health evaluation is often beneficial. You must legally gather evidence so you can prove to a judge that your child's best interests require you to be the primary cohabiting parent.

6. Why should professionals use ACC Law Firm's Custody of Children service ?

• Legal Expertise: ACC Law Firm specializes in family law, including child custody cases. Professionals can benefit from the firm's legal expertise and knowledge of the specific laws and regulations governing child custody in their jurisdiction.

• Child-Centered Approach: ACC Law Firm prioritizes the best interests of the children involved. The firm can help professionals navigate custody disputes with a focus on ensuring that the children's physical, emotional, and developmental needs are met.

• Conflict Resolution: Custody disputes can be emotionally charged and contentious. ACC Law Firm's service provides a structured and objective approach to resolving conflicts and negotiating custody arrangements, minimizing stress and animosity.

• Legal Compliance: Custody arrangements must comply with legal requirements and court standards. ACC Law Firm ensures that custody agreements and parenting plans are legally sound, reducing the risk of disputes or legal challenges in the future.

• Clear Documentation: ACC Law Firm can assist professionals in drafting clear and comprehensive custody agreements. This documentation helps prevent misunderstandings and disagreements in the future by outlining specific terms and responsibilities related to custody and visitation.

Q&A

Question 1: Is it possible to change custody arrangements after a divorce has been finalized?

Answer 1: Yes, it is possible to change custody arrangements after a divorce has been finalized. Custody orders are not necessarily permanent, and they can be modified if there has been a significant change in circumstances that warrants a change in the child's best interests.

Question 2: What are some common reasons for seeking a change in custody after divorce?

Answer 2: Common reasons for seeking a change in custody after divorce include:

• A change in the child's needs or circumstances.
• A parent's relocation, making the current custody arrangement impractical.
• Concerns about a parent's ability to provide a safe and stable environment.
• Violation of the existing custody order or parenting plan.
• Changes in a parent's work schedule or availability.
• The child's expressed desire for a custody change (usually applicable to older children).

Question 3: How can a parent initiate the process to change custody after divorce?

Answer 3: To initiate the process of changing custody after divorce, a parent typically needs to:

• File a formal request or motion with the court to modify the existing custody order.
• Provide evidence and reasons for the requested change, demonstrating that it is in the child's best interests.
• Attend court hearings and mediation sessions as required to discuss the proposed modification.
• Comply with any court orders related to the modification process.

Question 4: What factors do courts consider when deciding whether to change custody after divorce?

Answer 4: When deciding whether to change custody after divorce, courts generally consider the following factors:

• The child's well-being and best interests.
• The reason for the requested modification.
• The child's preferences, if they are of an appropriate age and maturity to express them.
• The ability of each parent to provide a safe and nurturing environment.
• Evidence of any substantial change in circumstances since the original custody order was established.
• Any history of abuse, neglect, or violations of the existing custody order.

It's important for parents seeking a custody modification to consult with an attorney or legal expert familiar with family law in their jurisdiction to navigate the process effectively and ensure that the child's best interests are protected.