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Primary and Alternate, what do they mean? – Exploring the deciding factors in custody plans

July 25, 2024

by admin Child Custody Parenting Plan

What is a Primary Parent

Primary parents, or primary caregivers, are people who take care of or watch the child(ren) for at least 50% of the time. A primary parent can be adoptive parents, legal guardians, as well as both mothers and fathers. It’s important to note that even if there is a 50/50 custody arrangement, a primary parent must be named for legal purposes. Primary and alternate parent responsibilities do not differ much in type, but rather volume. Deciding who is the Primary parent and who is the Alternate parent is decided in court. Custody and child support cases are both heard in Juvenile, and custody battles happen with or without a previous marriage. Primary parents shoulder much of the weight of taking care of their child(ren), taking them to school, feeding and clothing the child, setting up medical and dental visits, etc. and they are almost always doing this with a full time job! Parents really are superheroes.

The Role of an Alternate Parent

The role of any parent is to support their child. The role of an Alternate parent should be to support the primary parent in providing care for the child(ren). Both the Alternate and the Primary parent should encourage the child(ren) to continue building a relationship with the other parent. There’s no real ‘role’ either parent to play, you just do what you think is best for your child and their future. Alternate parents should aim to be flexible, and try their best to continuously update the primary parent. Try to plan tasks and activities for you and your child(ren) to do together. Being there and doing your best is what is most essential, and your child will come to appreciate it and you. It’s also important to note that most alternate parents are the ones paying child support, where the primary parent is receiving it.

Types of Parenting Arrangements

Tennessee is a mother state, meaning when in court, the judge or ruling is almost always in the mother’s favor, which also means you fathers are gonna have to work extra hard to win over the court and swing the case in your favor. Tennessee most commonly has 80/20 splits, favoring the mother and giving her around 280 days, and the father 80. It is rare, but 50/50 custody splits happen, as well as 60/40 and 70/30. Again, in Tennessee these splits favor the mother, because Tennessee is a mother’s state, and actually ranks bottom on a list of states measuring the amount of time children spend with their father, check out that statistic here!

Working in Tandem

In 2001, the state of Tennessee officially started using legal language like “primary parent” and “parenting time,” rather than their previous counterparts, “sole custody” and “visitation”. The gentle language used denotes a significant change in the way Tennessee goes about their family legal procedures. The quality of care received by the child(ren) impacts their social and cognitive growth, so work with your co parent in accordance to your own parenting plan for the well-being of your child. If you ever disagree with a decision the co parent makes, always be sure to address it and communicate how you feel to the best of your ability. Pursuant to §36-6-402, in the state of Tennessee, an attempt at a resolution is required in civil disputes, so if attempting to speak to the co parent does not prove to be effective, the next step is mediation.

Conclusion

Our attorneys here at Hairston & Associates have mediation certification and experience! If you have an open child custody case, contact us today and see how we can help you!

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.

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Determining Finances – Navigating the Elements of Child Support

July 25, 2024

by admin Child Support

Introduction

There are many factors to account for when determining Child Support between two parents. The court will look at things like annual income, the number of children, the child’s relationship with the parent, which parent is the custodial parent, or other similar factors listed in the Child Support Guidelines. Custody is also another factor the courts consider, and it may be the most important one. In a divorce you may be able to split the home value, assets, or other property, but you can’t split your children. Here in Tennessee, both parents are expected to care for and participate in their minor child’s life, mentally, physically, and financially, until they reach the age of majority.

Process of Petitioning for Child Support

To file for Child Support, paternity must first be established. This is because Child Custody and Support in Tennessee will always encourage both parents to take an active role in their child’s life, and determining paternity ensures the child will form a bond with their ‘natural parentage’. Once paternity has been established, you can file a petition with your local Juvenile or Chancery Court. The court will schedule a hearing, with notice of service to the other party as required per Local Rule 4. There, you and your child’s other parent must make a case for and against the petition. You and your co parent may reach an agreement without using mediation or vicious court battle, making the process smoother and simpler for you, however that is not the common case.

Factors That Affect Child Support Determination

There are numerous factors that contribute to how Child Support is determined in Tennessee, but the most important ones are, but not limited to:

The number of children being supported – One factor listed is the number of children the paying parent is financially supporting.
How much parenting time each parent has – Another, very important factor, is custody, and how much parenting time each parent has. The less time a parent is caring for the child, the more the parent is required to pay.
The age of the child(ren) – If your kids are younger, there are additional expenses such as diapers and daycare parents have to worry about.
Each parent’s separate monthly income – Each parent’s separate monthly income is an important factor in terms of actual financials. If the primary custody parent makes less, but cares more for the child, the alternate custody parent will end up paying more in Child Support. If the alternate custody parent makes more, but cares for the child less, then they will have to pay more in Child Support.
Child Care expenses – Childcare expenses includes food, housing, toys, clothes, etc. This factor covers each possible expense for a child
Medical expenses – Medical expenses may include pediatrics, dental, optometry, and other medical visits. If parents do not have insurance or insurance does not cover everything, the uninsured remaining balance will be split between the parents according to their permanent parenting plan
Educational and extracurricular expenses – This factor mostly pertains to older children in sports and other extracurricular activities and how parents are to split payment, or children who may attend private schools or take private lessons.

There are deviations from time to time, case specific details that alter the outcome of the proceeds, like a parent with an unusually high income, or parents who live far away from one another. Those kinds of details will affect the case tremendously, and should be presented to the court regardless of if it benefits you or not. Being honest and open with the court may open doors for you later in the case.

Why Is Custody So Important

Custody, alongside the gross monthly income of parents are the two biggest deciding factors in Child Support cases. The more you make, the more you pay. In any custody case, a Permanent Parenting Plan, or PPP, is drafted. In this PPP, you and your co parent will designate times and days in which each of you will have your child(ren), which parent will pick up and drop off the child, which parent is responsible for medical visits, and other things of similar nature. The PPP will also designate the ‘Primary Residential Parent’ (PRP) and the ‘Alternate Residential Parent’ (ARP). The PRP is the parent with the most time spent caring for the wellbeing of the child, while the ARP is the parent who spends less time caring for the wellbeing of the child. Even counting the amount of money each parent makes, the ARP will always pay the PPP, never the other way around. The less time you spend with the child, the less you are caring for them, and thus the less you are spending on them.

Enforcing Child Support Orders

There are a couple ways to enforce an issued Child Support order, even if the ARP is unwilling. If a parent is unwilling to pay the designated child support obligation, you should first file a Motion to Compel, if you are in an active court case. If you are not, you should report the delinquent parent to DHS, so that they may go through the proper channels and enforce the order. Some common financial penalties include:

Wage Garnishment
Seizing invested assets
Intercepting Tax Returns
Placing liens on properties
Seizing bank accounts

These actions are made in an attempt to force the ARP to pay their Child Support Obligation. Other penalties include revoking driver’s license or short jail time, however those are more serious punishments for delinquent parents who have not paid their child support for a long time, or for multiple children.

Conclusion

Child Support is determined according to factors set forth in Tennessee Code Annotated § 36-5-101. Among those factors, custody and income are the biggest and most important. Child Support is vital and necessary when raising a child, it ensures the child will be properly cared for, and ensures they will get everything they need. The process of obtaining child support may be difficult sometimes, but it’s worth it in the end, because it’s for your kid. If you need help filing or modifying your child support order, contact our office today. Our attorneys have years of experience and look forward to working with you!

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The Voice of a Child: The Guardian Ad Litem’s Role Explained

July 23, 2024

by admin Child Custody

In legal matters involving children, particularly in Tennessee, the role of a Guardian ad Litem (GAL) can be crucial. Whether you’re navigating through a divorce, child custody battle, or another issue where the interests of a child are at stake, understanding when and why to involve a GAL is essential.

What is a Guardian Ad Litem?

A Guardian Ad Litem is a licensed attorney appointed by the court to represent the best interests of the child in legal proceedings. Their primary responsibility is to independently investigate the circumstances of the case, gather relevant information, and make recommendations to the court based on what they believe to be in the child’s best interests pursuant to the Tennessee Code Annotated §34-1-107.

When is a Guardian Ad Litem Necessary?

– Child Custody and Visitation Disputes: In cases where parents are unable to agree on custody arrangements or visitation schedules, a GAL may be appointed to assess the situation and make recommendations to the court.

– Neglect or Abuse Allegations: If there are allegations of neglect or abuse involving a child, a GAL can investigate these claims to ensure the child’s safety and well-being.

– Divorce Proceedings: During divorce proceedings, especially when custody of minor children is contested, a GAL may be appointed to provide an unbiased assessment of what would be best for the child.

– Termination of Parental Rights: In cases where termination of parental rights is being considered, a GAL may be appointed to advocate for the child’s interests and ensure their voice is heard.

Why Involve a Guardian ad Litem?

– Objective Perspective: GALs are trained to focus solely on the best interests of the child, providing an impartial viewpoint that can sometimes be lost in adversarial legal proceedings.

– Investigation and Advocacy: They have the authority to investigate the child’s circumstances, interview relevant parties, review documents, and gather information crucial to making informed recommendations.

– Representation: GALs ensure that the child’s voice is heard in court, even if the child is too young to express their preferences directly. It’s important for all parties to understand that a GAL is not an attorney for the child but rather an advocate for their best interests.

Legal matters involving children can be emotionally complex, in Tennessee, a Guardian Ad Litem serves as a critical advocate for children, ensuring their welfare remains paramount throughout legal proceedings. Whether you’re considering divorce, facing custody disputes, or dealing with allegations of neglect or abuse, understanding when a GAL is necessary can significantly impact the outcomes of your case.

If you are unsure whether your case needs a Guardian Ad Litem, consulting with a qualified family law attorney can provide clarity and guidance according to your circumstances. Remember, the goal is always to prioritize the well-being and best interests of the child, and a GAL plays a pivotal role in achieving that goal within the legal framework.

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Exploring the Criteria for Child Custody Decisions

July 23, 2024

by admin Child Custody

Child custody battles are often emotionally charged and complex legal proceedings where the best interests of the child take precedence. In Tennessee, courts follow specific guidelines and consider various factors to determine custody arrangements that serve the child’s welfare and development. Understanding these factors is crucial for anyone navigation the custody process in the state.

1.) Best Interests of the Child

Central to Tennessee’s approach to child custody is the concept of the child’s best interests. The principle guides all decisions regarding custody, visitation, and parenting plans. The court evaluates each case individually, taking into account numerous factors to ensure that the child’s physical, emotional, and developmental needs are met.

2.) Primary Caregiver

One significant factor courts consider is the role of each parent as the primary caregiver. This includes assessing who has historically taken care of the child’s daily needs, such as feeding, bathing, education, and medical care. The court may favor the parent who has been more actively involved in the child’s upbringing.

3.) Child’s Preference

If the child is old enough and mature enough to express a preference, typically around the age 12 or older, the court may consider the child’s wishes regarding custody arrangements.

4.) Parental Fitness

The court assesses each parent’s physical and mental health, as well as their ability to provide a stable and nurturing environment for the child. Factors such as history of abuse, substance abuse, criminal history, and overall parenting skills are taken into account to determine parental fitness.

5.) Emotional Bond:

The emotional bond between the child and each parent is another crucial factor. Courts consider the strength of the emotional ties and the ability of each parent to foster a positive emotional relationship between the child and the other parent, promoting healthy family dynamics.

6.) Co-Parenting Ability

A parent’s willingness and ability to cooperate with the other parent in matters concerning the child’s upbringing are significant. Courts favor parents who demonstrate a willingness to encourage a relationship between the child and the other parent who can effectively communicate and make joint decisions in the child’s best interests.

7.) Stability and Continuity

Maintaining stability and continuity in the child’s life is essential. The court considers factors such as the child’s current living arrangements, school and community ties, and the potential impact of a custody change on the child’s routine and well-being.

8.) Relocation Plans

If one parent intends to move a significant distance that would affect the child’s relationship with the other parent, the court evaluates the reasons for the move and how it would impact the child’s best interests. Plans for maintaining the child’s relationship with both parents after relocation are carefully scrutinized.

9.) Domestic Violence or Abuse

Any history of domestic violence or child abuse significantly influences custody decisions. The court prioritizes the safety and well-being of the child and may restrict or deny custody to a parent with a history of abusive behavior.

10.) Financial Stability

While not the primary factor, the financial stability of each parent is considered, especially concerning the ability to provide for the child’s basic needs, education, and overall quality of life.

Navigating child custody proceedings in Tennessee involves a thorough consideration of multiple factors aimed at protecting the best interests of the child. The court’s decision is based on a comprehensive assessment of each parent’s ability to provide a loving and supportive environment conducive to the child’s growth and development. Understanding these factors is crucial for parents seeking custody or visitation rights, ensuring they can present their case effectively and advocate for their child’s well-being. Ultimately, Tennessee courts prioritize creating custody arrangements that foster the child’s happiness, security, and overall welfare.