What is Visitation?
There are two terms for the subject of visitation, the first being visitation of course, and the second being parenting time. But, what’s the difference? Is there one? If there is a difference, what is it, and what is the effect of it? In this post, we’ll be exploring visitation and parenting time in Tennessee, and everything it entails.
Visitation vs. Parenting Time
In Tennessee, the courts no longer use words like ‘visitation’ and ‘sole custody’. In 2001, Tennessee courts changed terminology used to be more open and neutral, coinciding with the rising rates of 50/50 custody and more fathers taking up a childcare role. To answer the big question, visitation and parenting time are the same thing, with slight nuances. Visitation refers to the noncustodial parent’s, also known as the Alternate Residential Parent in current parenting Plans, time spent with the child. Parenting time refers to the same thing. A parent that has parenting time is labeled the Alternate Parent, or the Alternate Residential Parent. This means the child spends no more than 50% of the time with you or the named ARP. To see more about ARP’s and PRP’s, look at our other post!
Primary and Alternate Custody
Primary and Alternate custody refers to how much time is spent caring for and parenting the child. Primary custody is awarded to a parent based on factors listed in T.C.A. §36-6-106. Whichever parent fits the criteria best is awarded primary custody by the court, or parents can mutually agree when making a parenting plan. If the case is more severe, and parents cannot communicate respectfully and responsibly, a guardian ad litem can be appointed by the court. The role of a Guardian Ad Litem is to recommend to the court a ruling based on the best possible interests and outcome of the child. Children over the age of 12 can also tell the court their preference, and that will be taken into consideration.
Standard Schedules
Technically, in Tennessee, there is no ‘standard’ parenting plan or visitation schedule. Each one is curated for each specific case and its details, and additionally follows local county rules. There is no standard split, but there are common ones. Nationally, the average time a mother spends with their child a year is around 65%, compared to a father’s national average of 35%. Tennessee ranks the lowest nationally in the time fathers spend with their children, according to a 2018 CustodyXChange study, at an average of only 22%. Factoring in the fact that the most common parenting schedule in Tennessee is an 80/20 split, giving the father the 1st, 3rd, and 5th weekends of a month, as well as additional time during the summer and holidays, the numbers make sense. Other common splits however, also affect the numbers. Some parents can work out 50/50 custody, and congratulations to those who do. However, that is not feasible in every case; most other splits are 60/40, or 75/25 here in Tennessee, but there are 70/30, alongside the 2-2-5-5 custody split as well. To check out the different kinds of custody splits, click this link!
Tennessee and the Effect of a Mother State
Like many other states, Tennessee is a mother state, which means typically, child custody cases lean towards favoring the mother. When a court is deciding where to place a child, they must choose based on the best interests of the child following the Tennessee statute §36-6-106. It’s clear from looking at the numbers that courts favor mothers and women more than fathers and men in custody battles. But why is that? This is because of an outdated belief that women are child carers and homemakers, and that men are workers and breadwinners, despite there being no study or statistic showing mothers are better parents than fathers.
Conclusion
There are many different parenting plan options, and you and your family should pick one that makes the most sense for all of you. Try to factor in things like distance, transportation and education, etc. Always take into consideration your own special circumstances, and make sure your attorney is aware of them too. If you want to know more about parenting plans or Alternate and Primary parents, check out more of our blogs. If you want to call and schedule a consultation, give it a try now!
DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.