McBrien & Kane
The official blog of McBrien & Kane, a Lebanon, Tennessee law office.
TYPES OF CUSTODY
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There are basically two types of custody – sole custody and joint custody.
Although, technically, in
Who decides how much time you spend with your child during and after a divorce?
YOU DO – at least at first.
The Judges in Wilson County, Smith County and Macon County are all fair and know the law very well. However, they will be the first to tell you – that if you and your spouse can’t decide how to divide time between your children – then they will be forced to do it for you.
Obviously, no matter if you spend one hour or two days arguing your case to the Judge, no one knows your children like you do.
For that reason, parenting time is something you should really try to settle with your spouse. It may mean a lot of give and take but the alternative, often, is not anything either of you may like.
I am often asked my opinion of joint custody.
In some respects, a child seeing both parents as much as possible is obviously ideal. Joint custody or shared parenting can take on many forms; we have helped prepare parenting plans where each parent has week to week parenting, others find a three day/four day weekly split works for them and in some cases, we have prepared plans where one parent has the child during the school year and the other has the child during breaks.
For some children, this works.
For others, it’s a disaster. Some children just need more consistency. They need to have one home, one table that they do their homework on each night, one schedule that they can somewhat control.
However, the decision is not mine to make. You know your children and what is best for them.
But remember, if you and your spouse can’t agree, the Judge in your case will make that decision for both of you.


