BETA
This is a BETA experience. You may opt-out by clicking here

More From Forbes

Edit Story

Channing Tatum And Jenna Dewan Custody Terms: What Do They Mean?

Following
This article is more than 4 years old.

Contributing Author: Elise Greenberg

Channing Tatum and Jenna Dewan’s divorce was official in November of 2019, even while the two stars continued to work on various agreements regarding their personal property and, most importantly, their daughter, Everly. It is unfortunate that these very personal matters spill into the public eye, especially when young children are involved, however, in this day and age, it would be difficult for two celebrities to keep their personal dispute out of the press. For the most part, it looks like their divorce will be resolved amicably. Several terms, such as “custody schedule,” “co-parenting counseling” and “image, name, and likeness” have been used in stories about Tatum and Dewan, and it might be helpful to describe what those terms mean.

Whether married or never married, parents must make decisions about custody of their child when the adult relationship ends. If the parents cannot reach an agreement, a court will make decisions regarding legal and physical custody of the child, including how and when the child spends time with each parent.

A Parenting Plan or Custody Schedule will formally lay out when each parent has physical custody of their minor child. Parenting Plans can be as rigid or flexible as the parents desire. Flexibility usually arises when the two parents are on good terms and have an amicable relationship. More clarity is needed when conflict is higher. Some plans detail the type and level of communication a child can have with one or both parents.

Parenting Plans run the gamut from weekly, monitored visitation rights to a “week on-week off” schedule, and everything in between. The children’s age and particular needs, the availability of the parent, geographical challenges, and any safety issues are taken into consideration when devising a good plan. Plans become more nuanced when one or more of the children have special needs or require additional supportive services.

In every case, the California statutory preference is for frequent and continuing contact between the parents and a child after a divorce. Children didn't ask for the divorce and divorce should not lead to a parentectomy. For younger children, more frequent and perhaps shorter visits may be the norm, while older children can usually digest and tolerate longer periods of separation from each parent. For example, a popular 50/50 custody schedule is a “2-2-5-5” schedule—the child will spend two days with one parent and two days with the other, then the parents alternate the three-day weekend. Other parents opt for a very straightforward “week on-week off” schedule, which means less frequent exchanges.

In cases where conflict is high, communication is compromised, and it is financially possible, parents often utilize a co-parenting counselor to help talk them through decisions regarding the parenting plan or other integral decisions. The counselor can identify communication barriers and provide suggestions for improvement. The co-parenting counselor is a mental health professional, who has experience in working with families in conflict post-separation, and usually has some knowledge of the legal system. The co-parenting counselor is not a mediator or lawyer, but rather there to help the parents navigate discussions over their differing views of what is best for their children post-separation. The parents usually select the counselor based on recommendation of trusted counsel and, if they cannot jointly select a co-parenting counselor, they can ask the judge to select for them. The Court can even order counseling over a parent's objection if the level of conflict is such that the child is being negatively impacted, and there is no financial burden.

We usually hear about the use of “name, image and likeness” in legal disputes involving intellectual property, however this is a burgeoning area in high profile custody cases. Tatum and Dewan’s daughter Everly might one day decide to pursue an acting career, however she is only six and her parents are right to agree to do everything they can to keep Everly out of the press and off of the internet. Judges can make orders that no social media or other posting of name, image or likeness can happen without the other parent's permission. It is also common that if the child's image will be utilized in an ad, commercial or reality show or some other for-profit situation, then, rather than unilaterally, both parents will make decisions around the use of the image.

While most people try to amicably transition from a family unit to a family living apart, at times, even the best intentions are overcome by emotional conflict. When parents fundamentally disagree about what is best for their child, they can benefit from a skilled co-parenting counselor and clear custody orders. It appears that Everly is lucky that her parents are taking steps to resolve these differences and keep her out of the public eye in the process.

Elise Greenberg, Partner at Brot Gross Fishbein in Los Angeles, a boutique family law litigation firm, has over 20 years of experience in the practice of family and dependency law. She has participated in over one hundred evidentiary hearings and trials, and represented thousands of children in divorce and dependency cases. She began her legal career representing children in foster care in Chicago, Illinois, and subsequently dedicated more than 15 years to representing children in family and dependency courts in Los Angeles County. Before becoming an attorney, Ms. Greenberg worked on behalf of abused children, accompanying victims to emergency rooms and assisting with interviews and courtroom proceedings.