Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, June 9, 2011

New TN Child Custody Law

From the Tennessean:

One of the most difficult decisions a family law judge decides is child custody. A new dimension will likely be added to the child custody statute once approved by Gov. Bill Haslam.

The new law would require that in taking into account a child’s best interests, courts are to order custody arrangements that permit both parents to enjoy the “maximum participation possible” in the life of the child consistent with the location of the parents’ residences, the child’s need for stability, and other statutorily enumerated factors.

The term “maximum participation” is a new concept in the allocation of parenting time. The parents’ maximum participation in their children’s lives appears to be of paramount consideration under the new proposed law in fashioning parenting arrangements for minor children. This factor appears in the bill set apart from other factors lumped together that are “set out below” in the statute, i.e., the 10 enumerated factors appearing in the current version of the statute.

Read more here.


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