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

by Child CustodyParenting Plan
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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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A Constitution for Parents – A Deep Dive of Parenting Plans

by Parenting Plan
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What is a Parenting Plan?

A parenting plan is a comprehensive document that breaks down how parents are to share childcare responsibilities including but not limited to:

  • Child’s day-to-day schedule
  • Holiday schedule
  • Schedule for school breaks
  • Location for child exchanges
  • Decision-making parent for education, non-emergency health care, religious upbringing and extracurricular activities
  • Child support
  • Federal Income Tax Exemption
  • Exchanging information about each parent’s income 
  • Exchanging information about each parent’s work-related childcare expenses
  • Health, Dental, Vision and Orthodontic coverage for the child
  • Life Insurance on the life of a parent to benefit the child
  • Processes for dispute resolution among the parents
  • Statutory Rights of each parent
  • Statutory Requirements for Parental Relocation

and more!

Understanding the Elements of a Parenting Plan

  • Child’s day-to-day schedule – This section outlines a child’s schedule with each parent. For example, “Father shall have responsibility for the care of the child except that Mother shall have the child from Friday pick-up from school or daycare (6 pm if a non-school day) to Sunday at 6 pm every other weekend.”
  • Holiday schedule – This section outlines when a child will be with each parent during certain holidays. For example, a child may spend Labor Day with Mother in odd-numbered years and with Father in even-numbered years.
  • Schedule for school breaks – This section outlines which parent the child will spend time with during school breaks such as Spring Vacation, Fall Vacation and Winter Vacation. For example, a child may spend Fall Vacation with Mother in odd-numbered years and with Father in even-numbered years.
  • Location for child exchanges – This section sets forth where the parents will exchange the child. For example, “The parties shall exchange the child at McDonald’s at 123 Main Street, Nashville, TN.”
  • Decision-making parent for education, non-emergency health care, religious upbringing and extracurricular activities – This section outlines which parent will make important, non-emergency decisions about the child. Commonly, parents split this responsibility between one another as they have a large and lasting effect upon the child.
  • Child Support: If necessary, the court will allocate funds from one parent to the other for child expenses. This aspect is extremely case dependent and relies on the parents previous actions and financial situation. Expenses may be school extracurriculars, groceries for the child, medical expenses, and/or other things of that nature.
  • Federal Income Tax Exemption – This section determines which parent will claim the child in tax documents, and when. For example, “Mother will claim child as dependent in even-numbered years, and Father will claim child as dependent in odd-numbered years”.
  • Exchanging information about each parent’s income – This section outlines the necessary exchange of information regarding the other parent’s income, for the purposes of tax, insurance, and the like.
  • Exchanging information about each parent’s work-related childcare expenses – This section breaks down which parent will insure the child, for how long, and through what agency.
  • Health, Dental, Vision and Orthodontic coverage for the child – This section outlines what the insurance covers, and how the parents divide the uncovered expenses
  • Life Insurance on the life of a parent to benefit the child – This section determines if there is life insurance, and what will happen to it in the event of a death of a parent
  • Processes for dispute resolution among the parents – If parents cannot reach agreement on child care decisions, they go through the resolution process, which outlines the order in which a dispute should be resolved between parents. Mediation, with or without a neutral 3rd party will hopefully solve the disagreement, however if that fails, then the court or judge will reach a neutral verdict.
  • Statutory Rights of each parent – Any parent regardless of gender has statutory rights over their child. These rights include but are not limited to; unimpeded phone calls, mail to and from child, notice to important information, the right to receive information about the child’s education and extracurriculars, medical notice, etc.
  • Statutory Requirements for Parental Relocation – This section pertains to the legal procedure a parent with custody must go through if they plan to move more than 50 miles away from the other parent, or out of state. 
  • Communication Plan: A communication plan is a guideline for parents to effectively communicate with one another about the child via phone calls, text messages, or email.
  • Parenting Time Schedule: Parenting time schedules decide how long the child will stay at one or the other parents homes. If the custody is 50/50, parents will usually exchange the child with one another every few days, or even every week or two weeks. Beyond that, parenting time is case dependent.
  • Transportation Arrangements: It clarifies when and where parents would make an exchange of the child, and if needed, elaborates on payment for long distance transportation.

Who Needs a Parenting Plan?

In the State of Tennessee, a parenting plan is a required document for any custody action, for either parents in the midst of a divorce or parents who’ve never been married to one another. 

How is a Parenting Plan Created?

The court encourages parents to reach consensus together and form a parenting plan, however if that is not attainable, mediation with a third party may be the best next step to reach an agreement on a parenting plan. If the parties cannot agree, a magistrate or judge will set a permanent parenting plan both parties’ must follow, based on the best interests of the minor child as determined by the custody factors set forth in T.C.A. §36-6-106.

Can a Parenting Plan be Changed?

Once a parenting plan is in place, it can be changed upon the filing of a petition to modify the parenting plan. The court has to find that there has been a “material change in circumstances” since the entry of the last parenting plan. According to the court opinion in “Hindiyeh v Abed (2020)”, “A material change of circumstance may include, but is not limited to, failures to adhere to the parenting plan or an order of custody”. In this instance, the Father presented material change as both parties’ new equal income. The mother had a pay raise, and now that they made similar incomes, the Father argued for 50/50 custody and a decreased obligation in child support. The Court approved this appeal, and granted both requests. Only when material change is determined, will the court adjust parenting plans, applicable to the factors set forth in T.C.A. §36-6-106.

Conclusion

Parenting plans are clear, direct guidelines on how both parents should operate with one another regarding their child. They are extremely helpful in avoiding confusion and conflict with the other parent, and can help benefit you and your child by making things regarding their care simpler. A comprehensive document with many parts, parenting plans break down each potential aspect of coparenting and set precedence for your future actions. If you need to alter your current parenting plan, or are currently in need of a new one, consider giving our office a call! With many years of experience, our attorneys will commit to helping you in any way we can. We work closely with each client to understand their unique circumstances and to explain things that the Court tends to focus on. 

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.