In Tennessee family law cases, child custody is often one of the most complex aspects to address. Frequently, both parents are lobbying to have primary custody. Unfortunately, the child can be caught in the middle.
It is important to bear in mind how the child will be impacted by the case and what it will mean to their future. As the case proceeds, the parents need to be aware of what factors come to the forefront as the court makes its decision. This can be beneficial as the parents present their argument.
The child will be the primary focus
The court will focus on the parents’ ability to care for the child, the child’s needs, the parents’ ability to put differences aside to benefit the child and more. Family dynamics can differ. The court will look at the circumstances when it decides. For example, one parent might have had the bulk of the responsibility for the child’s daily care. That will be imperative in the decision.
Even after the parents have parted ways and a custody decision is made, the court will want there to be a relationship with both parents. The ability to facilitate that is a strong consideration. In some instances, the parents are ordered to take part in parenting education programs. If they refuse to do so, it can reflect negatively on them.
Of course, the child’s fundamental needs are crucial. That includes them having a safe place to live, being given proper clothing and having their medical and nutritional needs met. If the parents have personal issues or there are past allegations or documentation of abuse, this can be a major concern. When there are siblings, relatives, extracurricular activities and a comfort level with their current circumstances, that could affect where the child will live.
Work scheduling, the parents’ relationships with others, if it is a safe atmosphere for the child and attempts to retain continuity are also gauged. A child who is at least 12 can state their preferences as to where to live and the court might grant it some weight.
To reach a positive outcome, parents should understand the law
Parents undoubtedly want the best for their child as they are navigating a family law case and all its complexities. Child custody can be contentious. Given the ramifications for everyone involved, it is essential to understand the law, what courts will consider and have help in presenting a comprehensive argument to reach a positive result.