What Are the Different Child Custody Arrangements?

Creating a parenting plan may be the thing that takes the longest in your divorce proceedings. This is likely because this is the most emotional part of the divorce for you and your spouse. Follow along to find out the different types of child custody arrangements and how one of the proficient Clarksville child custody lawyers at Fendley and Birch can help you negotiate one that is best for you, your spouse, and your child.

What Are the Different Child Custody Arrangements Recognized by Tennessee Family Law?

First of all, you must understand that custody pertains to your physical and legal rights over your child. Physical rights mean you are in charge of physically caring for and supervising your child at given scheduled times. Legal rights mean you are in charge of making decisions on your child’s behalf when major issues concerning their well-being arise. Now that this is covered, below are the different types of child custody arrangements recognized by Tennessee family law:

Joint custody arrangement: this means you and your spouse may equally care for your child and make mutual decisions on their behalf.
Full custody arrangement: this means your child may be under your care full-time and you have complete control over making decisions on their behalf.
Primary custody arrangement: this means your child may be under your care most of the time while your spouse may get minimal parenting or visitation time.
Split custody arrangement: this means your one child may be under your care primarily while your spouse may have your other child under their care primarily.
Nesting custody arrangement: this means you and your spouse may take turns living between a primary residence and your separate residences to equally care for your child.

Every Tennessee Divorce With a Minor Child Requires a Permanent Parenting Plan

It’s critical to understand that, regardless of which plan you and your spouse decide is best for your family, it must be written into a plan approved by the court. In accordance with TN Code § 36-6-404(a), any final decree in an action for absolute divorce, legal separation, annulment, or separate maintenance involving a minor child must incorporate a permanent parenting plan. This is not optional, nor can it be waived, and the same requirement applies to a decree modifying an existing court order.

The statute also dictates what the plan must contain:

A residential schedule, as defined in § 36-6-402, setting out where the child lives and when
An allocation of decision-making authority to one or both parents over the child’s education, health care, extracurricular activities, and religious upbringing, with either parent free to make emergency decisions affecting health or safety
A provision that each parent makes the day-to-day decisions while the child is residing with them
A dispute resolution process to be used before either parent runs to court
Terms that anticipate the child’s changing needs as they grow, so the plan does not need constant modification

As per § 36-6-404(c)(3), if you and your spouse are unable to reach an agreement for a parenting plan by 45 days prior to the trial, you must both file and serve a proposed plan. Failure to do so increases the possibility of the court simply adopting the other parent’s version.

Similarly, under § 36-6-404(a)(4)(D), a parent who willfully fails to appear at a scheduled dispute resolution hearing without valid reason may be ordered to pay the attorney fees of the other parent while also being subject to potential financial sanctions.

What Is a Nesting Arrangement?

A nesting arrangement is a form of custody in which parents with a roughly equal residential schedule coordinate a schedule in which each parent takes turns moving into a central location where the child resides full time. However, this can be incredibly expensive, as it requires the maintenance of three households: a separate space for each parent, and the central location they will take turns moving in and out of, depending on the custody schedule.

Which Custody Arrangement Is Best for My Family?

Generally speaking, the Tennessee family court finds joint custody as the best working arrangement for families. This is because a child may maintain a relationship with both parents and vice versa. However, at Fendley and Birch, we understand that every family dynamic and divorce proceeding is different. So a joint custody arrangement may not be in any family member’s best interest. This is why, when negotiating this, you must consider the following factors:

Your child’s separate relationships with you and your spouse while you were still married.
Your child’s separate relationship with their siblings during your marriage.
Your child’s special healthcare and educational needs, if applicable.
Your child’s preference, if they are of a mature age.
The distance between your and your spouse’s separate residences.
The ability of you and your spouse to provide a stable home life for your child.
The willingness of you and your spouse to act as parental figures for your child.
The history you and your spouse have with substance abuse or domestic violence, if applicable.

If the limitations of § 36-6-406 are not dispositive of the child’s residential schedule, the court shall consider the child’s best interest factors found in § 36-6-106(a)(1) through (15).

What Does a Primary Care Provider Mean in a Custody Case?

The primary care provider is the parent responsible for most of the child’s daily essential tasks, including medical care, meals, hygiene routines, and educational matters. This may or may not be the parent who has spent the most cumulative time with the child.

Determining which parent is the primary caregiver is critical, as courts often favor continuity. As such, a documented history of daily care can support naming that parent as the primary custodial parent. However, it is important to understand that legal custody, meaning the authority of each parent to make decisions on behalf of the child, is a separate responsibility detailed under § 36-6-404(a)(5). Being the primary caregiver does not automatically mean you have the final say on important decisions like where the child goes to school, what religion they practice, or their medical care.

Evidence That Establishes a Pattern of Daily Care

Courts prefer objective proof showing sustained involvement rather than isolated incidents or documentation assembled at the last minute:

School records listing you as the primary contact, along with conference attendance and teacher correspondence
Signed medical consent forms and a history of scheduling and attending appointments
Testimony from coaches, childcare providers, and others who can describe your consistent involvement
A contemporaneous calendar or journal covering meals, laundry, homework, bathing, and bedtimes

How Will a Court Structure a Parallel Parenting Plan Schedule?

In the event that a judge determines that a cooperative co-parenting arrangement is unrealistic or that ongoing conflict will harm the child, the court may establish and order a parallel parenting plan. This means the two households will operate independently of one another with minimal communication between the parents.

Typically, this means that all contact is limited to written communication, which helps ensure there is a record of contact. Ultimately, this can help the court in the event tension and hostility arise.

The court may also split decision-making authority between the parents, rather than requiring the parents to reach an agreement. As such, one parent may be responsible for making medical decisions, while the other handles educational matters. Overstepping outside of a genuine emergency may result in a contempt finding or even a motion to modify the arrangement.

You should anticipate the schedule implemented to be rigid, with fixed exchange times at a neutral location, since there will be little to no room to negotiate swapping days without court intervention. However, rigidity is not a reduction, as parallel parenting time seeks to limit contact between the parents, not time spent with your child.

Contact Our Tennessee Family Law Firm Today

At the end of the day, you can rely on one of the talented Clarksville family lawyers to serve as the support system you need during this difficult time. At Fendley & Birch, we understand how difficult it can be to navigate custody matters, which is why we are committed to helping you fight for the best possible outcome for you and your family. Do not hesitate to contact our firm today.