When parents go through a separation or divorce, one of the most important and contentious issues that they will face is child custody. In Tennessee, courts decide custody arrangements based on what is in the best interest of the child. It is essential to comprehend the true meaning of this standard and how courts determine what is in the best interest of the child. For more information and to obtain skilled legal representation during your case, work with a knowledgeable Memphis, Tennessee child custody lawyer at Rice Law today.
What is the “Best Interest of the Child” Standard?
The “best interest of the child” is a legal standard that guides judges and courts when making decisions that affect a child’s life. It generally applies to custody and visitation issues. Instead of focusing on what the parents want and what is most convenient for them, the court prioritizes what will most benefit the child’s well-being, stability, and development.
How Do TN Courts Determine the Best Interest of the Child?
Tennessee Code Annotated § 36-6-106 outlines the various relevant factors that courts must consider when making custody decisions regarding minor children. Consider the following.
- The strength, nature, and stability of the child’s relationship with each parent
- Each parent’s past and potential for future performance of parenting responsibilities
- Refusal to attend court-ordered parent education seminars and other evidence of a lack of good faith
- The disposition of each parent to provide the child with food, clothing, medical care, education, and other needs
- The degree to which a parent has been the child’s primary caregiver
- The love, affection, and emotional ties existing between the child and each parent
- The emotional and developmental needs of the child
- The moral, physical, mental, and emotional fitness of each parent to care for and parent the child
- The child’s interaction and relationship with siblings, other relatives, and mentors, as well as the child’s involvement with the community, school, and other activities
- The amount of time the child has lived in a stable environment and the importance of continuity in their life
- Evidence of physical or emotional abuse to the child, the other parent, or any other person
- The character and behavior of any other people who reside in or frequent each parent’s homes and interact with the child
- The reasonable preference of the child, if they are 12 years of age or older or understand the gravity of the situation
- Each parent’s work schedule and responsibilities
- Whether a parent has failed to pay child support for a period of three years or longer
- Any other factors deemed relevant by the court
Each of these factors offers courts an insight into the family dynamics and each individual’s capabilities and character. It is crucial that all relevant information is considered before a decision is made regarding custody.
For more information and skilled legal advice, contact an experienced family lawyer today.