Final decision-making authority is separate from residential time and can be allocated by topic, such as education or religious training.
Day-to-day parenting decisions are determined by the parent with whom the child resides on any given day.
Under prior Tennessee child custody law, custodial parent generally meant the parent with whom the child primarily resided and the parent who exercised final decision-making authority.
Under current parenting plan law, these concepts are split.
Before the 2001 Tennessee custody law created the permanent parenting plan requirement, one major problem with the term joint custody came from parents who described themselves in divorce settlements as having agreed to joint legal custody or joint physical custody.
Those generalized descriptions had no strict legal definition in application.
Physical custody related to how much time a parent spent with the child.
If mediation is unsuccessful in resolving the issue, then the disagreeing parent can challenge the decision in court.
In practical application, however, most judges are hesitant to overrule a parent’s decision unless it will endanger the child.
All aspects of final decision-making authority (education, non-emergency health care, religious upbringing, and extracurriculars) may be determined by one particular parent or by both parents jointly.
Top 5 Things to Ask Your (Potential) Divorce Lawyer " data-medium-file="https://memphisdivorce.com/wp-content/uploads/2012/01/i Stock_000019759359_Extra Small-300x300.jpg" data-large-file="https://memphisdivorce.com/wp-content/uploads/2012/01/i Stock_000019759359_Extra Small-1024x1024.jpg" class="size-full wp-image-12058" src="https://memphisdivorce.com/wp-content/uploads/2012/01/i Stock_000019759359_Extra Small.jpg" alt="Answers to FAQs | Tennessee Child Custody" width="425" height="282" / Traditionally, full custody meant roughly the same thing as sole custody.