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The laws of Tennessee governing child support and child custody are generally contained in the Tennessee Code, found at this link for child support and at this link for child custody.
To fully understand Tennessee law, it may be necessary to read and interpret statutes with case law and regulatory law. It is also important to know if law is up to date. For these and other reasons, it is always best to consult with a qualified family law attorney to know how the law applies to your particular situation. The following legal summaries are not intended as legal advice and should not be relied on as such. They are intended only as an introduction to the way that the law functions in these areas
Child Support in Tennessee
In Tennessee, child support can be granted by the court in cases of legal separation, dissolution of marriage, out of the spousal’s property or his or her income depending upon the nature of the cases and conditions of the parties. The child support amount can be determined and can be made payable either on weekly, biweekly or monthly basis.
The child support amount is calculated as per the Tennessee child support guidelines that are based on either on the actual income of the obligor or the obligor’s ability to earn income. The child support will be calculated by taking into account the number of children the obligor is legally responsible to support and is supporting and allocate the obligor’s funds accordingly towards the child in question. The court could set aside these child support guidelines if it finds that application of these guidelines would be unjust or inappropriate towards the best interests of the child or affecting the equities between the parents.
The court can also rebut the application of the child support guidelines if it finds that there have been clear evidences of (a) domestic violence subject on the child, (b) rape or incidents of incest, (c) child has been found neglected or abused and (d) apprehension of harm to the child.
Child support ends when the child turns 18 years of age unless he or she continues to be in high school. The child support will continue till the child graduates from high school. The child support ends upon the death or incapacity of either parent or when the guardianship for the child devolves.
Child Custody in Tennessee
Tennessee recognizes two basic forms of child custody: join custody and sole custody. Custody determinations are based on the best interest of the child.
Tennessee Code spells out ten specific factors that must be considered in making custody determinations:
- • Love and affection existing between the child and parents or caregivers
- • Ability of the parent or caregiver to provide for the needs of the child in terms of food, clothing, education and other necessary requirements
- • Importance to the continuity of child’s life and length of time the child has lived in safe, healthy and conducive environment unless there has been any incident of child abuse taken place by the parent or caregiver
- • Stability of the family unit of the parent or caregiver
- • Mental and physical health of parent or caregiver
- • Home, school and community record of the child
- • Wishes of the child, if he or she is 12 years and older
- • Evidence of any physical or emotional child abuse
- • Character or behavior of any person, who resides in or is frequently visiting the child’s home
Under section 37-5-501 of the Tennessee Code”, Caregivers are defined as “Care giver,” “care givers,” “care provider,” or “care providers” mean the person or persons or entity or entities responsible for providing for the supervision, protection and basic needs of the child.
Child Visitation in Tennessee
Visitation rights are granted to non-custodial parent to visit and to maintain the child-parent relationship. In granting any such rights of visitation, the court shall designate in which parent's home each minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations and other special occasions. The Court can take away the visitation rights if it finds that there is any danger to the wellbeing of the child.
The court shall grant the following parental rights to the non-custodial, biological parent:
- • Right to have uninterrupted telephone conversation with the child twice a week at reasonable times and duration
- • Right for the non-custodial parent to send a mail to the child
- • Right to be notified within 24 hours in cases where the child has been hospitalized or has contracted major illness or has died
- • Right to receive duplicate copies of all child’s school records
- • Right to receive child’s medical records
- • Right to be free from unwarranted derogatory remarks made against the non-custodial parent, his or her family made by custodial parent or by the guardian or in presence of child.
The court has the power to refuse any of these parental rights if it finds that any of them will go against the best interest of the child.
The grandparents of the child can also be awarded visitation rights if the child is removed from the custody of the parent, guardian or legal custodian and if the child is staying in the licensed foster homes for children.
Visitation rights may be awarded to step parent, if the person is a step parent to the minor child born to the other spouse and the court is able to determine that such visitation rights are for the wellbeing and best interests of the child.
Parenting Plans
Temporary parenting plan and permanent parenting plan can be granted by the court. Temporary parent plan is drawn in cases where temporary order is passed in actions concerning legal separation, absolute divorce, annulment or provisions made for separate maintenance for minor child.
Permanent parenting plan
When final orders are drawn in actions relating to legal separation, absolute divorce, annulment or provisions made for separate maintenance. The permanent parenting plan will cater to (a) provide for the overall needs of the child, (b) establish authority and responsibilities of each parent towards the child, (c) to minimize the effect of parental conflict resulting on the child and provide for a channel for the parents to resolve any disputes related to child.
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