Child custody laws in TN allow a court to determine each child custody case based on a number of factors including the family's situation. A custody hearing will be held if the parents are unable to come to a fair, amicable agreement regarding custody. Understanding the factors that a court will look at may help you figure out which way your case might go.
Child's Preference in Tennessee
Child's preference can be considered as to custody arrangements in Tennessee. Generally, the child must be of a certain age - twelve in Tennessee - to have his or her opinion taken into consideration by the court determining custody. The court has discretion to take into consideration the interests of the child even if the child is younger, but the court must weigh the other evidence presented to see what is genuinely best for the child.
Gender is Not a Consideration
While gender use to be taken into consideration during custody hearings, the law has changed, and either parent has an equal right to custody of the child or children. The court will look at all other relevant information to make an informed decision about what is best for the child.
Parental Preferences
Parents have the right to present their preferences during the custody hearing, and they should. If parents agree to an arrangement outside of court, then that should be presented. Joint custody is increasingly common in cases where the parties will continue to reside in the same vicinity. Joint custody can be assigned in many forms and depends on the facts of the case.
History of Domestic Abuse
If there is a history of domestic violence in a family, that will be taken into consideration by a court in determining custody. The abusive parent is not likely to be granted custody. In fact, the abusive parent may have visitation restricted. Depending on the facts of the case, supervised visitation may be ordered. The court's job is to provide for the safety of children.
Getting Legal Help
If you are concerned about where your child will live after divorce, it is a good idea to consult with a Tennessee divorce attorney about your rights early in your case. It is always best to get legal help when complicated issues such as support and custody are involved in a divorce case. Even couples who handle their case out of court still use attorneys much of the time to make sure their interests are individually protected.
