The Tennessee Legislature has modified the language in the statute which deals with visitation. 

TCA sec. 36-6-106(a) provides that:

“In taking into account the child’s best interest, the court shall order a custody arrangement that permits both parents to enjoy the maximum participation possible in the lives of the child consistent with the factors set out below (in the statute), the location of the resident of the parents, the child’s need for stability and all other relevant factors”  

Now what does that mean in the real world of divorce attorneys and their clients?  Does that mean that a Judge is required to give a parent half of the time with the children? Or does it mean that there is not real change in the parenting time custody schedule? 

As domestic / divorce lawyers we handle divorces in front of Judges in Wilson, Trousdale, Smith, Rutherford, and other counties in Middle Tennessee.  We have had a lot of questions about this change and how it effects visitation, parenting time / custody.

Some judges consider this change to mean that both parents will have equal parenting time with the children (each parent will have one half of the time).  Other Judges feel that nothing will change because they have always tried to maximize the parenting time based on the situation of each family. As domestic attorneys we need to know what the judge feels on this issue in order to best represent out clients.   

There are a lot of issues (or factors) involved in setting parenting time / custody. If a parent hasn't been a parent before a divorce what would make a Judge want to believe that you will do it now?  If you haven’t “participated” before the divorce are you going to change after the dust settles and the divorce is over?  Have you been to parent / teacher conferences?  Do the children’s teachers even know who you are? 

In a custody trial one of the best or worst questions (depending on who you represent) is to ask a teacher if they know one parent or the other.  If a teacher can't say that they have talked with you at parent / teacher conferences or other school functions then why should you have maximum time? A parent who changed diapers, attends school functions, coaches, and participated in their children’s lives should have more time.   

Granted there are a lot of other factors that go into a parenting time decisions.  Common sense should tell you that if you want more parenting time you should act like a parent.   Even in the face of a contested divorce or custody case, time and time again I have seen parents with a poor relationship with their children turn it around because they became involved.  I know that it can be very hard to get to all functions or activities. 

I have four children and it seems that all we do is pass on the way to something but in the long run the children have a lot better chance of growing up to be good people if the parents do maximize their time with their children, whether divorcing or not.