Child Custody

Child Custody After Divorce

Which parent receives child custody after divorce and how does this affect you?

Tennessee courts determine who receives custody of minor children while having jurisdiction of the divorce proceedings. Joint custody, a common arrangement between parties and in most cases the parents will have already agreed who will receive physical custody of the children, when a joint arrangement cannot be made.

Ultimately, the judge will look over the case and make any changes necessary so that the best interest of the children is at the forefront.

If one parent receives sole custody, legal and physical custody, the other parent may be required to pay child support and provide in other ways for the children, such as, insurance, education, and future needs.

If one parent has physical custody, usually there will be visitation times set for the other parent, which may be weekly, monthly, in addition to several other scenarios depending on the situation.


Child Support

The state you reside in sets the guidelines for child support with a formula based on income, the number of children and other factors. In recent years, Tennessee has decided to consider the income of the custodial parent as well as the noncustodial parent. In addition, over time the court may review the child support to make sure it is accurate in case either of the parent's income has changed or other special circumstances have occurred.


Child Visitation

Normally the noncustodial parent will receive visitation with the child and this will vary from case to case. Many factors such as distance, work shift, and holidays can determine how much time you spend together, or apart. If the parents live too far apart, the other parent may receive a long summer vacation and school breaks.

If the court feels that the child may be in danger when visiting a parent, visitation can be denied or require that visitations are supervised by a social worker or responsible relative.
In most cases, the court is looking out for the best interest of the child when considering who receives child custody after divorce.