The following is a relevant portion of the Tennessee Code pertaining to child custody. Highlights have been added for emphasis. Also, note that Tennessee will take into consideration the reasonable wishes of children ages 12 and older.
36-6-106. Child custody. —
(a) In a suit for annulment, divorce, separate maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, the determination shall be made on the basis of the best interest of the child. The court shall consider all relevant factors, including the following, where applicable:
(1) The love, affection and emotional ties existing between the parents or caregivers and the child;
(2) The disposition of the parents or caregivers to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent or caregiver has been the primary caregiver;
(3) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment; provided, that, where there is a finding, under subdivision (a)(8), of child abuse, as defined in § 39-15-401 or § 39-15-402, or child sexual abuse, as defined in § 37-1-602, by one (1) parent, and that a nonperpetrating parent or caregiver has relocated in order to flee the perpetrating parent, that the relocation shall not weigh against an award of custody;
(4) The stability of the family unit of the parents or caregivers;
(5) The mental and physical health of the parents or caregivers;
(6) The home, school and community record of the child;
(7) (A) The reasonable preference of the child, if twelve (12) years of age or older;
(B) The court may hear the preference of a younger child on request. The preferences of older children should normally be given greater weight than those of younger children;
(8) Evidence of physical or emotional abuse to the child, to the other parent or to any other person; provided, that, where there are allegations that one (1) parent has committed child abuse, as defined in § 39-15-401 or § 39-15-402, or child sexual abuse, as defined in § 37-1-602, against a family member, the court shall consider all evidence relevant to the physical and emotional safety of the child, and determine, by a clear preponderance of the evidence, whether such abuse has occurred. The court shall include in its decision a written finding of all evidence, and all findings of facts connected to the evidence. In addition, the court shall, where appropriate, refer any issues of abuse to the juvenile court for further proceedings;
(9) The character and behavior of any other person who resides in or frequents the home of a parent or caregiver and the person's interactions with the child; and
(10) Each parent or caregiver's past and potential for future performance of parenting responsibilities, including the willingness and ability 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, consistent with the best interest of the child.
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Tuesday, January 20, 2009
Wednesday, January 14, 2009
Mediation and Child Custody
What is “mediation” with regard to child custody?
When parents cannot agree on who will have “custody" of their children, the judge will send them to mediation. In some states, like California, it is mandatory that parties go to mediation before they have a hearing in front of a judge.
What if the parties cannot agree on custody?
The judge may ask a “mediator” to assist the parties with making a bustody agreement or parenting plan or to suggest one. A parenting plan states who the child lives with and who makes
important decisions for the child. It also can cover visitation and child support.
What is a “mediator”?
Mediators are neutral, third parties who try to facilitate a resolution for the parties. They help
parents make parenting plans that are good for the children. Mediators know how to work with separated couples, and they are trained to understand domestic situations. If you are worried about your safety or your children’s safety and welfare, you should tell the mediator. You are permitted to speak with the mediator alone.
What do mediators do?
The mediator will try to help you make a parenting plan that:
• protects you and your children
• states how you and the other parent will make decisions about the children
• states when the child will be with each parent
Mediators also can suggest safe ways to get the children to and from visits with the other parent.
Mediators can also tell you about getting help with housing, counseling and other family related issues.
A mediator is used to try to get the parties to come to a good resolution, without the need to have a hearing before the court. However, a mediator's recommendations are not binding. If an agreement cannot be reached, then the child custody issue will go before a judge, who can make a binding decision, called an "order."
When parents cannot agree on who will have “custody" of their children, the judge will send them to mediation. In some states, like California, it is mandatory that parties go to mediation before they have a hearing in front of a judge.
What if the parties cannot agree on custody?
The judge may ask a “mediator” to assist the parties with making a bustody agreement or parenting plan or to suggest one. A parenting plan states who the child lives with and who makes
important decisions for the child. It also can cover visitation and child support.
What is a “mediator”?
Mediators are neutral, third parties who try to facilitate a resolution for the parties. They help
parents make parenting plans that are good for the children. Mediators know how to work with separated couples, and they are trained to understand domestic situations. If you are worried about your safety or your children’s safety and welfare, you should tell the mediator. You are permitted to speak with the mediator alone.
What do mediators do?
The mediator will try to help you make a parenting plan that:
• protects you and your children
• states how you and the other parent will make decisions about the children
• states when the child will be with each parent
Mediators also can suggest safe ways to get the children to and from visits with the other parent.
Mediators can also tell you about getting help with housing, counseling and other family related issues.
A mediator is used to try to get the parties to come to a good resolution, without the need to have a hearing before the court. However, a mediator's recommendations are not binding. If an agreement cannot be reached, then the child custody issue will go before a judge, who can make a binding decision, called an "order."
Friday, January 9, 2009
California Family Code Regarding Child Custody
Ever wonder what the California Code states regarding child custody? Well, here you go. Below is a key section of the Family Code in California.
3020. (a) The Legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children. The Legislature further finds and declares that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child.
(b) The Legislature finds and declares that it is the public policy of this state to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except where the contactwould not be in the best interest of the child, as provided inSection 3011.
(c) Where the policies set forth in subdivisions (a) and (b) of this section are in conflict, any court's order regarding physical or legal custody or visitation shall be made in a manner that ensures the health, safety, and welfare of the child and the safety of all family members.
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3020. (a) The Legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children. The Legislature further finds and declares that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child.
(b) The Legislature finds and declares that it is the public policy of this state to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except where the contactwould not be in the best interest of the child, as provided inSection 3011.
(c) Where the policies set forth in subdivisions (a) and (b) of this section are in conflict, any court's order regarding physical or legal custody or visitation shall be made in a manner that ensures the health, safety, and welfare of the child and the safety of all family members.
CLICK HERE to Find Out More!
Sunday, December 28, 2008
Child Custody and Visitation Factors
What are some of the main issues the courts consider when deciding child custody and visitation?
In California, and in many states, the law states that courts must give child custody according to what is in the best interest of the child or children. This is true whether you are before the judge to establish a new parenting plan or modify an existing child custody and/or visitation order. Primarily, they take into consideration the children’s health, safety and overall wellbeing to decide whether to give custody to one or both parents.
That being said, what is “the best interest of the child”? Factors the courts will consider in making this determination include, but are not limited to:
Consistent with the "best interest of the child" philosophy, in some cases, if giving custody to either parent would harm the children, courts can and will give custody to someone other than the parents because it is in the best interest of the child(ren). Usually, this is type of custody is called “guardianship,” where someone who is not the parent asks for custody of the children because the parents cannot adequately care for the child or children.
Find out more.
In California, and in many states, the law states that courts must give child custody according to what is in the best interest of the child or children. This is true whether you are before the judge to establish a new parenting plan or modify an existing child custody and/or visitation order. Primarily, they take into consideration the children’s health, safety and overall wellbeing to decide whether to give custody to one or both parents.
That being said, what is “the best interest of the child”? Factors the courts will consider in making this determination include, but are not limited to:
- the age of the child,
- the health of the child,
- the emotional ties between the parents and the child,
- the ability of the parents to care for the child,
- history of family violence and/or substance abuse, and
- the child’s ties to school, home, and his or her community.
Consistent with the "best interest of the child" philosophy, in some cases, if giving custody to either parent would harm the children, courts can and will give custody to someone other than the parents because it is in the best interest of the child(ren). Usually, this is type of custody is called “guardianship,” where someone who is not the parent asks for custody of the children because the parents cannot adequately care for the child or children.
Find out more.
Tuesday, December 16, 2008
California Child Custody
While each state varies with regard to child custody and visitation laws, the factors considered by the courts are very similar in principle, namely what is in the best interests of the child. For instance, in California, the court has the power to make an order for the custody of a minor "that seems necessary or proper."
Primary concern is given to the child's health, safety and welfare. In addition, frequent and continuing contact with both parents is of great importance in determining child custody.
In short, custody and visitation determinations are to be made from the standpoint of the child's best interest. In making the "best interest" determination, the court can consider any "relevant" factors, such as taking into account the child's health, safety and welfare and whether there is any history of physical abuse.
Because the California Courts are obligated to lean toward shared parenting, increasing one's child custody rights and visitation time is available to most parents. Furthermore, the courts and now more open and accessible to those who want to, or need to, represent themselves due to financial constraints.
With the affordable help of a professional, legal document preparation company, parents can now assert their parental rights for less money than ever before. What's more impressive are the legal services out there that are actually provided by licensed attorneys, and not just legal document preparers.
CLICK HERE to find out how you can assert your parental rights at a LOW FLAT FEE!
Primary concern is given to the child's health, safety and welfare. In addition, frequent and continuing contact with both parents is of great importance in determining child custody.
In short, custody and visitation determinations are to be made from the standpoint of the child's best interest. In making the "best interest" determination, the court can consider any "relevant" factors, such as taking into account the child's health, safety and welfare and whether there is any history of physical abuse.
Because the California Courts are obligated to lean toward shared parenting, increasing one's child custody rights and visitation time is available to most parents. Furthermore, the courts and now more open and accessible to those who want to, or need to, represent themselves due to financial constraints.
With the affordable help of a professional, legal document preparation company, parents can now assert their parental rights for less money than ever before. What's more impressive are the legal services out there that are actually provided by licensed attorneys, and not just legal document preparers.
CLICK HERE to find out how you can assert your parental rights at a LOW FLAT FEE!
Wednesday, December 10, 2008
What are the different types of child custody and what do they mean?
Often you hear people talk about having joint custody of their child, but many use the term loosely and not everyone knows what they mean. Well, here is a brief summary:
First and foremost, understand that custody can mean one of two things: 1) legal custody; and 2) physical custody.
What is Legal Custody? Legal custody involves who has the decision making authority with regard to the child's health, education and welfare. It is the right and obligation to make decisions about a child's upbringing, including schooling and medical care. For instance, if one parent has sole legal custody, this entitles one parent to make the decisions affecting the health, education, religious training, and other major issues regarding the child. The sole custodial parent may consult with the other parent as to his or her opinion, but the ultimate authority to make the decision ultimately rests with the parent who has sole custody.
However, just because a parent has sole legal custody does not mean that the other parent has no rights as to decisions affecting the child. If the noncustodial parent is against a decision, the parent can file a petition with the court and the court may decide what is in the best interest of the child by changing custody or by entering an order directing a parent to do something or refrain from some action.
Many states typically have both parents share legal custody of a child.
What is physical custody? Physical custody is what you would think, which is who physically has custody of the child. In essence, it is the right of a parent to have his or her child live with him/her.
What is Joint custody? Joint custody is an arrangement by which parents who do not live together share the upbringing of a child. Joint custody can be joint legal custody, joint physical custody, or both. Joint custody requires both parents not only to consult with each other regarding the child, but also requires that the parents come to an agreement as to what they are going to do regarding major decisions affecting the child.
To find out more, CLICK HERE!
Wednesday, December 3, 2008
Tips to Representing Yourself in Court for Child Custody, Visitation or Child Support
Make no mistake about it, you can be successful serving as your own counsel in a child custody, child visitation or child support hearing. However, understanding the custody process is an important key to success.
Arrive at the Courthouse early:
Don't add any more stress to yourself. Know how to get to the courthouse, and what courtroom your in, in advance of your court date. Arrive at the courthouse early so that you are not in a rush. Also, this will allow for additional time if you case has changed courtrooms or if you need to find out what courtroom in which your case will be heard.
What to Expect:
While there are formal rules for speaking in family court, the proceedings is generally less formal than a trial. Often, the judge will take the lead and ask questions, but you still will have to present your material in an organized, concise and professional manner.
What to Bring:
Always assume that the burden of proof is on you to prove your case in any legal matter. As such, be prepared to provide factual records and evidence that supports your claims. The judge often will not accept any verbal statements without proper documentation. You should bring copies of all your financial records, receipts related to raising your child, and logs of the time you spend with your child or children.
Witnesses may also be called upon to support you case, but keep in mind that they must be credible witnesses.
Overlooking the need for evidence is a common mistake made by those who represent themselves. You can never have too much written information to support your case. Err on the side of caution and bring any document that you think may be relevant. You don't necessarily have to present everything to the judge, but you have it just in case.
Most often, the court will require you to fill out a financial statement in advance of your hearing, but this is not a substitute for things like bank records, pay stubs, and income tax returns. Make sure you are organized with this information or you will hurt your chances of being successful.
How to Present Your Case:
1. First and foremost, always be respectful to everyone in the court room, including the other party and his/her attorney, if applicable.
2. Dress professionally. Wear a shirt and tie or formal business attire if you are female.
3. Show your knowledge of the court process and answer questions. If the judge asks a question, answer the question. Don't give some long, drawn-out story that never even answers the question. Give truthful, clear and concise answers.
4. Never argue with the judge.
5. Address the court as "Your Honor."
6. Address all comments to the court directly and do not argue with the other party.
7. Practice your court presentation in advance. You will be asked to summarize your case in the beginning, so be sure to outline the key reasons for why you deserve custody or whatever else you are requesting. You also need to demonstrate a logical flow in your reasoning. Prepare an outline a few days before your hearing. An outline will ensure that you present your argument in an organized fashion and so that you don't forget anything important.
To speak with an experienced attorney to find out more, CLICK HERE!
Arrive at the Courthouse early:
Don't add any more stress to yourself. Know how to get to the courthouse, and what courtroom your in, in advance of your court date. Arrive at the courthouse early so that you are not in a rush. Also, this will allow for additional time if you case has changed courtrooms or if you need to find out what courtroom in which your case will be heard.
What to Expect:
While there are formal rules for speaking in family court, the proceedings is generally less formal than a trial. Often, the judge will take the lead and ask questions, but you still will have to present your material in an organized, concise and professional manner.
What to Bring:
Always assume that the burden of proof is on you to prove your case in any legal matter. As such, be prepared to provide factual records and evidence that supports your claims. The judge often will not accept any verbal statements without proper documentation. You should bring copies of all your financial records, receipts related to raising your child, and logs of the time you spend with your child or children.
Witnesses may also be called upon to support you case, but keep in mind that they must be credible witnesses.
Overlooking the need for evidence is a common mistake made by those who represent themselves. You can never have too much written information to support your case. Err on the side of caution and bring any document that you think may be relevant. You don't necessarily have to present everything to the judge, but you have it just in case.
Most often, the court will require you to fill out a financial statement in advance of your hearing, but this is not a substitute for things like bank records, pay stubs, and income tax returns. Make sure you are organized with this information or you will hurt your chances of being successful.
How to Present Your Case:
1. First and foremost, always be respectful to everyone in the court room, including the other party and his/her attorney, if applicable.
2. Dress professionally. Wear a shirt and tie or formal business attire if you are female.
3. Show your knowledge of the court process and answer questions. If the judge asks a question, answer the question. Don't give some long, drawn-out story that never even answers the question. Give truthful, clear and concise answers.
4. Never argue with the judge.
5. Address the court as "Your Honor."
6. Address all comments to the court directly and do not argue with the other party.
7. Practice your court presentation in advance. You will be asked to summarize your case in the beginning, so be sure to outline the key reasons for why you deserve custody or whatever else you are requesting. You also need to demonstrate a logical flow in your reasoning. Prepare an outline a few days before your hearing. An outline will ensure that you present your argument in an organized fashion and so that you don't forget anything important.
To speak with an experienced attorney to find out more, CLICK HERE!
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