In the Knox County Fourth Circuit Court, as part of an experimental program, parents must attend a parenting seminar and must suggest a plan for how their children will be brought up after the divorce. Although the court expects most parents to make these decisions together, joint decision making may not be possible when one parent has abused the other. Parents who cannot agree on a plan will usually have to participate in mediation to decide on a plan. Parents can ask the court not to require them to agree on a parenting plan or to participate in mediation, however, and this is appropriate when one parent has abused the other. If the parents cannot agree on a parenting plan, each one must suggest a plan separately.
Married parents have equal rights to the custody of their children until a court orders otherwise.
This means that police will not interfere to take children away from one parent unless the other parent has a custody order. If you leave the children with your spouse, this may be used against you later in your divorce. It is best to take the children when you go, or go back for them as soon as possible, if you want to have custody of them. If you leave your spouse, it is usually hard to keep the children while you try to get on your feet. But it is better to keep them with you rather than leave them with relatives or friends.