According to the National Institutes of Health (NIH), the mental health challenges associated with losing custody can be even worse than experiencing the death of a child. Although many spouses prioritize issues like property division or alimony, custody rights are far more important than financial goals for most parents. The first step in achieving positive child custody outcomes is to understand how this process works in North Carolina, South Carolina, and Tennessee. An experienced child custody lawyer in Tennessee could help parents approach this challenge with greater confidence. In addition, child custody lawyers may be able to educate parents about their custody rights. Contact King Law Offices at (888) 748-KING to continue speaking about custody rights during divorce. Our offices are conveniently located in Washington County, Tennessee.
Parents Almost Always Have Visitation Rights
The first thing parents should know is that it is extremely difficult to completely lose all visitation rights. This is true in Tennessee. The general philosophy of family courts is that children benefit from having both parents in their lives. Even if one parent plays a very minor role, their presence is usually beneficial for various psychological reasons. As All for Kids notes, the mere involvement of a father can lead to positive academic outcomes, fewer crimes, and greater self-confidence. The presence of a male father figure may be particularly crucial for girls, leading to a decreased risk of depression.
A family judge is unlikely to prevent a parent from seeing their child after divorce. Even if there are issues related to past abuse, violence, or neglect, the parent will still likely have an opportunity to visit from time to time. If there are concerns about potential violence or harm, these visits could be supervised by law enforcement or social workers. Even if a parent is incarcerated, they may still request visits with their children. A parent only loses these rights if the child would be severely endangered during visits.
Your Right to a Continued Relationship Without Interference
During divorce, many parents become concerned that their exes will sabotage their relationships with the children. This is a legitimate concern, and “parental alienation” is more common than many people realize. This type of misconduct involves the intentional damage or destruction of the relationship between a child and their parent. For example, one parent might tell the child that the other parent caused the divorce. They might also tell the child that the other parent is a bad person. Sometimes, these strategies are based on lies and false allegations. However, even truthful statements could become parental alienation. Suppose one parent had an adulterous relationship that caused the end of the marriage. If the aggrieved spouse tells the children the details of this relationship, this could constitute parental alienation.
Family courts in Tennessee punish parents who engage in this type of behavior. When a judge approaches child custody during divorce, they consider any instances of parental alienation. If it becomes clear that one parent has engaged in this behavior, they may lose custody rights – perhaps spending less time with their children after the divorce. Note that parental alienation can be very subtle. The simple act of making a child choose between the two parents can be incredibly harmful from a psychological perspective. A parent might also post a “rant” on social media about their ex, and the child may see these inflammatory statements.
You Have the Right to Accuse Your Ex of Misconduct
While making detrimental statements to children can lead to negative custody outcomes, parents have the right to accuse their exes of misconduct during divorce. For example, one parent might have a history of abusing or neglecting the children during marriage. If this is the case, the other parent may feel the need to inform the court. They should do so through proper legal avenues, potentially with help from a firm like King Law Offices. In civil custody cases, the burden of proof lies with the accuser. A parent must show a “preponderance of evidence” if they want to convince the court that this misconduct actually occurred. In other words, they must establish that the likelihood of these past events is more than 50%.
Although this burden of proof is lower than the threshold of criminal cases (beyond a reasonable doubt), it can still be challenging for parents. Many instances of domestic violence or abuse occur behind closed doors, and they leave behind scarce evidence. Parents may wish to work with custody lawyers to gather compelling evidence when making their allegations. Conversely, the relatively high burden of proof protects parents from false allegations. If the accusing parent lacks sufficient evidence, the accused should not experience any negative custody outcomes.
It Is Not All About Your Rights
Finally, it is worth noting that family courts are primarily concerned with the best interests and rights of children. In comparison, the rights, needs, and desires of parents are less important. Those who wish to pursue positive custody results should consider the best interests of their children rather than their own parental rights. Instead of trying to fight for these custody rights, parents should consider arguments and strategies built around the needs of their children. For example, a parent might argue that the child will become more academically successful and psychologically stable under their custody. In contrast, a parent who argues that they have “the right” to spend more time with their child would probably be less successful.
Discuss Custody Rights During Divorce With King Law Offices
Online education could serve as a positive starting point for many parents approaching child custody issues during divorce. However, mere research does not equate to definitive legal action. In order to fight for custody rights, it may be helpful to work with an experienced child custody attorney in Tennessee. The truth is that each family is different, and child custody outcomes depend entirely on various factors. An online article may not deliver targeted information based on the circumstances surrounding each child. In contrast, an experienced attorney may be able to deliver more personalized guidance to parents concerned about their custody rights. To continue this dialogue, contact King Law Offices at (888) 748-KING. We serve Tennessee families in cities such as Johnson City, Tennessee.