Legal Custody vs. Physical Custody
Legal custody refers to the right to make major decisions about the child's life, including education, healthcare, and religious upbringing. Physical custody refers to where the child lives. Tennessee courts encourage both parents to remain involved, so sole custody is less common than shared parenting arrangements.
The Permanent Parenting Plan
Every Sevier County custody case involving minor children must include a Permanent Parenting Plan approved by the court. This plan spells out the day-to-day schedule, holiday rotation, transportation responsibilities, child support, and how major decisions will be made. The plan must be detailed enough to prevent future disputes.
What Judges Consider in Sevier County
Tennessee law requires courts to consider factors such as the strength of each parent's relationship with the child, each parent's ability to provide for the child's needs, the child's emotional and developmental needs, the stability of each household, and any history of domestic violence or substance abuse. The child's preference may also be considered if the child is old enough.
Modifying Custody Later
Custody orders can be modified when there is a material change in circumstances, such as a relocation, a change in work schedule, or concerns about the child's safety. The court must again find that the modification is in the child's best interests. The Myrick Law Firm handles custody cases in Sevier County from our Gatlinburg office. Call 865-365-1184 for a free consultation. This article is for educational purposes only and does not constitute legal advice.
Frequently Asked Questions
Can both parents share custody in Sevier County?
Yes. Tennessee courts favor parenting arrangements that let both parents remain involved, as long as it serves the child's best interests.
At what age can a child choose which parent to live with?
There is no set age. A child's preference is one factor the court may consider, especially as the child gets older, but it is never the only factor.
What if the other parent wants to move away with the child?
Relocation cases have special rules under Tennessee law. If a parent plans to move more than 50 miles or out of state, they generally must provide notice, and the other parent can object.
How is child support calculated?
Tennessee uses the Income Shares Model, which considers both parents' incomes, the parenting-time schedule, health insurance costs, and work-related childcare expenses.