• There is actually no such thing as “full custody” The terms joint and shared are used. - Shared custody involves a situation where parents share substantially equal time with the child(ren). This is the parenting schedule favored by courts and this will be their starting point in evaluating your situation. The Factors below will influence the final decision. - Joint custody involves the designation of a “primary residential parent”. The idea of “ visitation” is incorrect, and the proper term is “ parenting time.” In these cases, the children spend majority of the time with the primary residential parent and with the alternated residential parent during the remaining time. This may be very nearly an equal split or there may be a great difference in the time each parent has. - There are 10 factors looked at by the courts in deciding custody matters. Your attorney must focus on these factors in representing you in a custody case. If your attorney is not questioning you and gathering information about these factors, get another attorney. - The factors to be considered are: (1) The love, affection and emotional ties existing between the parents or caregivers and the child. (2) The historical disposition of the parents or caregivers to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent or caregiver has been the primary caregiver; in the past; (3) The importance of continuity in the child's life and the length of time the child has lived in a stable and satisfactory environment (4) The stability of the family unit of the parents or caregivers; (5) The mental and physical health of the parents or caregivers; (6) The home, school and community record of the child; (7) (A) The reasonable preference of the child if the child is twelve (12) years of age or older; (B) The court may hear the preference of a younger child on request. The preferences of older children will normally be given greater weight than those of younger children; (8) Evidence of physical or emotional abuse to the child, to the other parent, or to any other person. The court must make specific findings in regards to this factor. (9) The character and behavior of any other person who resides in or frequents the home of a parent or caregiver and that person's interactions with the child; and (10) Each parent or caregiver's past and potential for future performance of parenting responsibilities, including 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. – This is a very important factor in most courts, It carries a lot of weight.

• In a divorce with no children, the matter cannot be set for a final hearing until 60 or more days have passed since the filing of the divorce with the Court and service upon the opposing party. Realistically if the matter is uncontested, and the parties can agree upon the division of property and debt you can expect the matter to be resolved in a few months. Much of the delay is caused by the volume of matters before he courts and there is nothing your attorney can do if there are no court dates available. I will strive to resolve your matter as quickly as possible. Contested matters can be expected to take 6 to 9 months and sometimes longer. • In matters involving child custody, Tennessee law allows for the matter to be set after 90 days or more have passed since the filing and service of the complaint and summons upon the other party. Uncontested matters, where both parties agree upon a parenting plan and upon the division of property, can reasonably be expected to be resolved in 100-102 days. Contested cases can be expected to take much longer. They generally take at least 6-9 months on the quicker side of things where there is not a great deal of disagreement. More harshly contested matter can take 12 to18 months or even longer. It can often take as much as six months to simply get a court date. • Mediation is required in all contested matters and involves an additional expense.