The law is always changing and evolving to meet the needs of society, and there is one recent change in Tennessee Family Law could have a great impact over custody battles. Until July, 01st, 2019, it was required that one parent must be designated as the Primary Residential Parent. The other parent then was stuck as the Alternate Residential Parent. This was the case even in situations where both parents exercised equal parenting time. As you can imagine, this created lots of fights between parents, often rooted by pride or stigma.
However, this law has changed. As of July 01st, 2019, Tennessee Code Annotated § 36-6-410 allows for both parents to jointly hold the designation of Primary Residential Parent in cases where both parents exercise equal parenting time. It also allows parents to simply not designate a Primary Residential Parent at all. This hopefully, ends painful and costly litigation for parents battling it out in Court for nothing but a mere title. There are a few concerns that parents, attorneys, and the Courts should have, though. A joint designation or the lack of a designation leaves open the question as to which parent’s address is determinative for school zones. It also leaves ambiguity as to what legal standard a parent must prove when petitioning the Court to modify a parenting plan when that modification could change the schedule and/or the designation.
That’s the law for you: always keeping you on your toes. This is why it’s so important to choose the right firm to represent you in your family matters. Blink Law is constantly reading and educating itself on today’s trends to make sure its attorneys have your back when it matters most.