**SPONSORED CONTENT BY DIVORCE INCORPORATED**
Nowhere in the Tennessee Code does it say that moms are better than dads. Such favoritism would be a violation of equal protection guaranteed by the Constitution. Nevertheless, many perceive a bias against fathers in custody cases.
The answer lies what’s customary in our society and Tennessee’s custody statute. Think about the families you know. Do you know more stay-at-home moms or stay-at-home dads? Even in families with two working parents, isn’t it more common to see the mother taking on more of the parenting duties?
The Tennessee custody statute tells judges which factors to apply to each case. The factors emphasize repeatedly the value of primary caregiving, stability, parenting responsibilities, existing ties, emotional ties, and continuity in the child’s life. A parent that has been staying home or primarily caring for the children has a big advantage when it comes to getting custody. Feeding, clothing, taking kids to school, the doctor, to extra-curricular activities, and the everyday hustle and bustle of parenting are the primary consideration in a custody determination.
The traditional division of child rearing chores in Tennessee, along with the statutory factors, means that mothers are more often in a better position to get custody than fathers. In 2011, a change in the law added a provision that requires a judge to create a parenting plan that maximizes the participation of each parent in the children’s lives. That doesn’t mean that each parent gets equal time, however, and the full impact of this addition has yet to be seen in our courts. What the new law actually means appears to vary with each judge.
Tennessee custody law is not meant to be biased, but the statute emphasizes the primary caregiver role. Mothers are more often the primary caregiver. In any case, neither parent should give up hope when it comes to maximizing his or her time with the child or children. Your right to parent your children is a fundamental Constitutional right. You, not a collection of legislators in Nashville, know what is best for your children.
Whatever the statute and demographics say, your attorney can help show your value as a parent in the best light possible. If you are concerned already, become a more active parent.
By Daniel P. Bryant, Attorney at Law
Daniel P. Bryant is an attorney in the Clarksville offices DIVORCE INCORPORATED, Tennessee’s Family Law Firm. His primary areas of practice are divorce, family and juvenile law litigation. Attorney Bryant may be contacted at 931-896-2400 or dbryant@divorceincorp.com. For more information, go to www.divorceincorp.com.