TENNESSEE Part 33

Is the mother more likely to be granted primary residential parent status?

The parenting plan law states that gender should not be considered in making these determinations. In reality, however, a mother is still more likely to be granted primary residential parent status and be awarded final decision-making authority. This distinction isn't based on bias, but on the practical fact that mothers still perform most parenting duties in our society. The mother may have more time to devote to the child, if she has dropped out of the workforce or dialed back her career to care for the child. The mother may also have more experience in child rearing and an established track record in raising the parties' child. Of course, which parent has spent more time caring for the children will depend on the couple. In most cases, it is the care-giving role performed prior to and perhaps during the divorce, not the party's gender, that gives one parent the advantage.