A stipulation is an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are often made on procedural matters. Stipulations are also sometimes made regarding factual matters not in dispute in order to save time required in producing evidence in court.
There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. In some jurisdictions, if a child is old enough, their preferences are taken into consideration.
The basic consideration on custody matters is supposed to be the best interests of the child or children. Mental anguish suffered by the child due to visitation or lack thereof is one factor that may be considered in determining a child's best interest. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The custody order may be modified if circumstances warrant.
Tennessee Stipulation Regarding Joint Custody of Children aims to outline the laws and guidelines for parents going through divorce or separation relating to the joint custody of their children. In Tennessee, joint custody is recognized and encouraged as a means to ensure the well-being and best interests of the child. This stipulation provides a framework for parents to understand their rights, responsibilities, and the factors considered in determining joint custody arrangements. One type of joint custody in Tennessee is called "joint custody with a residential parent." In this arrangement, one parent is designated as the primary residential parent, where the child primarily resides, while both parents continue to share legal custody, making decisions jointly about the child's upbringing, education, healthcare, and religious choices. The other type, known as "equal parenting time" or "50/50 custody," allows both parents to split physical custody of the child equally, providing each parent with equal time and responsibility for the child's care. To establish a joint custody arrangement that is fair and beneficial for the child, Tennessee stipulates several factors that courts consider in making custody determinations. These factors revolve around the child's best interests and include: 1. The child's emotional, educational, and physical needs. 2. Each parent's ability to provide for the child's needs. 3. The child's relationship and existing bonds with each parent. 4. Each parent's ability to encourage and foster a positive relationship between the child and the other parent. 5. The child's adjustment to their home, community, and school. 6. The mental and physical health of each parent. 7. Any history of domestic violence or child abuse. 8. Each parent's willingness to adhere to the parenting plan and facilitate a healthy co-parenting relationship. Additionally, Tennessee Law promotes a presumption of joint custody, emphasizing the importance of both parents actively participating in the child's life, unless certain circumstances, such as domestic violence or abuse, indicate otherwise. While the court strives for joint custody, it ultimately prioritizes the child's best interests in making a final determination. Parents seeking to establish a Tennessee Stipulation Regarding Joint Custody of Children should work cooperatively to create a comprehensive parenting plan that addresses all aspects of custody and sets guidelines for decision-making, visitation schedules, and information sharing. This stipulation should be submitted to the court for approval, ensuring it complies with Tennessee laws, ultimately safeguarding the well-being and stability of the child within the joint custody framework.
