Child custody is an important matter that affects many families, and as such can be difficult to determine and agree upon. In a divorce, most couples will elect to share parenting time to provide the best and most stable environment for children. Maintaining emotional bonds and spending time together can help children feel safe and supported through difficult seasons such as divorce.
However, determining visitation schedules can be challenging, specifically if the issue is contested. There are many different methods of sharing parenting time, and each visitation schedule may have advantages or disadvantages. Understanding which schedules are most common and what factors influence parenting time decisions could aid in projecting the results of a divorce case.
A skilled Tennessee family lawyer from King Law Offices may be able to provide more details by explaining the relevant Tennessee statutes. Consider scheduling a consultation today by calling the office at (888) 748-KING.
Types of Schedules
Due to the vast variety of divorce cases, living situations, and parental relationships, there are a great number of different visitation schedules. Each unique case may call for a certain split of parenting time, and just like property division and alimony this division will change and shift for each specific case. Understanding the variety of visitation schedules and what factors may influence court decisions could aid in the evaluation of a divorce case.
Common Schedules
Generally, visitation schedules are drafted based on the division of parenting time. During the divorce proceedings, it is often decided how parenting time should be divided. This split could be an equal 50/50, or it could be any increment of ten between that and one parent having complete custody over the child. Additionally, child custody modification may be available if the arrangement no longer reflects the needs of the child or the capacities of the parents. The percentage of time spent with either parent will limit the visitation schedules available.
50/50 visitation schedules may look something like two days with the custodial parent, two days with the non-custodial parent, and three days with the custodial parent, which is called a 2-2-3 schedule. The next week, parents would then switch so the shared time is equal. Other schedules may include one week off and one week on, or a 2-2-5-5 schedule.
However, that only scratches the surface of the varying visitation schedules. 60/40 schedules may include the 4-3 schedule, or the child spending long weekends with one parent and the workweek with the other. 70/30 schedules could look like weekdays with one parent and weekends with the other. Additionally, 80/20 schedules generally rely on alternating weekends. Generally, 80/20 schedules will involve one parent being the primary caretaker except every other weekend. 90/10 schedules are generally called daytime schedules, as they usually will not involve the child spending the night at the non-custodial parent’s home.
While each visitation schedule is tailored for each family, statistically speaking 80/20 schedules tend to be the most common in Tennessee.
Special Circumstance Schedules
However, these schedules do not always fit the needs of certain families. Military or international families may have difficulty keeping to this parenting schedule due to travel or deployment. Understanding the nuanced needs of each family may reveal a more fitting parenting time schedule for special circumstances. A skilled family law attorney from King Law Offices may be able to help clarify these details.
Custodial Vs. Non-Custodial Parent
Generally, when parenting time is divided, the split will not be exactly 50/50. The parent with the greater amount of parenting time is considered the custodial parent and may have different responsibilities. The non-custodial parent is the parent with the lesser amount of parenting time and may have to handle the brunt of visitation schedule planning. Additionally, the designations of custodial and non-custodial parents may have a significant impact on child support payments.
Due to the greater financial responsibility of the custodial parent, the non-custodial parent is generally expected to provide a certain amount of child support based on the child’s needs and the parent’s income. Understanding this division may help clarify relevant aspects of visitation schedules and how they are impacted by other facets of divorce.
What is a Permanent Parenting Plan?
Tennessee divorces may require a Permanent Parenting Plan to establish relevant details of child care and parenting time. These documents seek to establish who is the primary residential parent (PRP), which would be the parent with the greater share of the parenting time and financial responsibility. A Permanent Parenting Plan also establishes the alternative residential parent (ARP).
Additionally, this plan will address parenting time and visitation schedules. Creating and implementing a Permanent Parenting Plan may require parents to agree on a division of parenting time and a visitation schedule. If these matters cannot be settled outside of court, they may need to be brought before a judge in family court to determine the outcome.
Frequently Asked Questions
Listed below are several frequently asked questions regarding child custody and visitation schedules.
Are Mothers More Likely to Be Primary Caretakers?
Judges in Tennessee are prohibited from ruling based on gender or other demographic qualities. The courts are modeled to seek the best interest of the child first and foremost, according to TN Code § 36-6-106, which means the decision will hinge on the needs of the child. However, statistically in Tennessee, many mothers may be better equipped to care for the child and it may be in the child’s best interest for the mother to be the primary residential parent.
Are Visitation and Parenting Time the Same Thing?
Yes. Tennessee has recently adjusted the language it uses to address family law matters, transitioning from terms like visitation to parenting time. This shift in terminology may have also affected terms like sole custody and alimony.
Will Visitation Schedules Affect Child Support?
Visitation schedules generally will impact the amount of child support payments required. Due to the increased financial burden on the primary residential parent, the non-custodial parent may be required to make child support payments in proportion to what they would be spending on the child had the couple remained together.
Contact a Tennessee Family Law Attorney Today
Visitation schedules and custody arrangements in Tennessee can be complex and are often impacted by other aspects of divorce including emotional connection to the child and the possibility of marital misconduct. Understanding the family law landscape and being able to address issues in a divorce case may provide insight into visitation schedules. An experienced Tennessee family law attorney from King Law Office may be able to evaluate your case. Schedule a consultation today by calling (888) 748-KING for details.