Child custody in Fort Oglethorpe is decided in civil courts, but that does not mean that hoping the judges sees everything in the same light as you. In fact, parents looking to have custody of their children should take every step they are able to to ensure that they are the primary guardian. With the help of an experienced attorney, this could happen.
Child custody is determined by parenting plans in terms of who is the primary residential parent and who is the alternate residential parent. Parenting plans, in general, are governed by Tennessee statutes §36-6-401. There is a section for decision-making on the parenting plan and typically, parents are listed as joint decision-makers. That means that they have joint custody of a child. There are circumstances where one parent has primary decision-making of a child, and that person typically would be considered to be the primary custodian.
A custodial parent, more commonly known as a primary residential parent, is defined as the person who parents the child more than 50 percent of the time.
The rights and responsibilities of the primary residential parent are outlined in TCA §36-6-101. Each parent has the same rights when it comes to their ability to parent the child, and those rights include:
The non-custodial parent, or the alternate residential parent, is defined as a person who parents the child less than 50 percent of the time.
The rights and responsibilities of the alternative residential parent are the same as those of the primary residential parent. They are defined in Tennessee Code §36-6-101.
The general purpose of child custody is for parties to enter into a parenting plan or a parenting schedule that defines what time each parent is going to parent a child or children. Each parenting plan in Tennessee is going to have a day-to-day schedule, a holiday schedule, and a schedule for the child’s school breaks. It is also going to have child support issues determined and in child support amount calculate calculated, and it is going to have the rights and responsibilities of each parent.
Child custody in Fort Oglethorpe is a large part of any divorce proceeding. While you feel that your child is best looked after by you, the courts may be less forgiving. Instead of trusting in the courts, let a legal advocate vie for your goals in civil court. Reach out to an attorney today.