Common Custody Issues in Red Bank

Every family law and custody case is different. Most likely, your custody matter will have unique issues that should be evaluated and addressed by an experienced Red Bank attorney.

Some common custody issues in Red Bank include situations in which one parent needs restricted or limited visitation to protect the children. Other common custody issues include how to arrange a parenting plan when the parents have a great distance between their homes and how gender affects a court’s custody decision.

Parenting Plan Restrictions

Under Tennessee Code Annotated § 36-6-406, the court shall limit parenting time when a parent has abandoned a child or refused to fulfill their parenting responsibilities. Parenting time will also be limited if a parent has a history of abusing the other parent, the child, or anyone living in the child’s household. These limitations are required by statute when they are found to be in the child’s best interest.

Parenting plans will also be limited if a parent resides with someone who has abused the child or parent. Restrictions also apply to parents who have been convicted as an adult for certain sexual offenses.

Additionally, parenting time might be limited by the court if a parent is found to have a(n):

  • History of neglect or failure to perform parenting duties
  • Emotional or physical problem
  • Substance abuse problem
  • Lack of emotional ties to the child
  • History of abusive use of conflict
  • History of withholding the child from the other parent
  • History of criminal convictions
  • Any other factor the court finds to be against the child’s best interest.

All of these factors also require the court to find that the issue affects the parent’s ability to perform parenting responsibilities. A seasoned attorney in Red Bank could discuss a specific custody issue in further detail during a confidential consultation.

How Gender Affects Custody in Red Bank

Many parents, especially fathers, worry that the court will make a custody decision based on gender. It was not that long ago that the court did presume that younger children would reside primarily with their mothers. This was called the “tender years doctrine,” a principle that mothers should automatically have custody of the children.

Fortunately, Tennessee law changed in 1997. Tenn. Code Ann. § 36-6-412 specifically directs the court not to consider gender when making custody decisions.

In traditional families, where a mother stays home and cares for the children, the status quo can still appear gender-biased because the mother has a better chance of becoming the primary parent. However, if the father were the parent who stayed home with the children, the court would be more likely to award him primary custody.

Long Distance Parenting Plans

In most cases, no matter who is named the primary parent, the court will create a parenting plan that allows both parents frequent time with the children. However, this is not possible in some cases due to the distance between parents’ homes.

If one parent lives in Red Bank and the other parent lives out of state, it becomes impossible for both parents to see the children frequently. In such situations, the court and the parents must get creative with the parenting schedule.

It may not be practical for a child to travel long distances for a weekend visit, so the children may go several weeks or months between visits. To make up for this time, the court sometimes orders longer visits with the out-of-state parent for most of winter break, spring break, or summer break. Reach out to a proactive Red Bank lawyer for help with resolving common custody disputes.

Hire a Red Bank Attorney to Address Your Custody Issues

Every child is different, and so are the parenting plans that serve them best. Unfortunately, conflicts involving parenting plans are some of the most common custody issues in Red Bank—which is why it is essential to meet with an experienced attorney to resolve your case. A skilled custody lawyer could offer sound legal advice and guidance for your unique situation. Call now.

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