As in Illinois and other states, child custody disputes in Tennessee typically are settled (sometimes through mediation) between the parents. The only problem is that dads in Tennessee usually get the short end of the stick, at least according to fathers' rights advocates cited in a USA Today article.
A Tennessee bill (PDF, H.B. 2916) would enforce 50/50 physical custody arrangements, meaning the child would split his or her time equally with each parent, which is legislation that Tennessee father Eric Kyle supports.
But even though it doesn't directly affect Illinois law with respect to child custody, divorce attorneys in Chicago and elsewhere are paying attention. It's also reigniting tensions between fathers' rights groups and women's support groups.
An attorney told Mr. Kyle that equal custody splits are difficult to obtain in Tennessee and that the default is usually in favor of the mother:
"You either have to dirty up your ex and do whatever you have to to get full custody, or you accept what I understand is a pretty standard 80-20 time split."
The article mentions that Missouri and other Midwestern states start from a presumption of a 50/50 custodial split unless abuse or other factors render one of the parents unfit for custody. FindLaw says that Illinois has no presumption for or against joint custody, which means there is a broader spectrum of possible outcomes.
Several women's groups have come out against the Tennessee bill because they believe it will give abusive spouses leverage in divorce and custody disputes. The law would contain a similar exemption for abusive or otherwise unfit parents, but some say it would have unintended consequences.
Kathy Walsh, executive director of the Tenn. Coalition Against Domestic and Sexual Violence, said such a law could prompt victims to stay with an abusive spouse for fear that a divorce would give the abuser too much access to the children.
If you have questions about child custody, please visit our Related Resources links.
Related Resources:
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Physical Custody (FindLaw)
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Fathers Increasingly Gaining Custody (FindLaw KnowledgeBase)
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Browse Chicago Family Law Attorneys (FindLaw)
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