MTR | Family Law

The Public Policy of Encouraging the Parent/Child Relationship
It should be a truism that in the absence of danger to a child, “[a] child’s interests are well-served by a custody and visitation arrangement that promotes the development of relationships with both the custodial and noncustodial parent.” Tennessee’s standard Permanent

Parenting Plan form recites the following statutorily derived language immediately below the style of the case, essentially rendering the proviso part of the court order: “The mother and father will behave with each other and each child so as to provide a loving, stable, consistent and nurturing relationship with the child even though they are divorced. They will not speak badly of each other or the members of the family of the other parent. They will encourage each child to continue to love the other parent and be comfortable in both families."

A parent who acts contrary to the foregoing tenets, perhaps even alienating a child from the other parent and actively interfering with the child having a loving relationship with the other parent, risks losing custody. In making a custody determination, the court is required to consider “the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child’s parents, consistent with the best interest of the child.” Read entire article