Can my child talk to the judge about their parental preference regarding custody in Tennessee?

If you are working through a divorce with children, you will likely have to iron out the issue of child custody in court. Child custody is a contentious issue in divorces, as valuable parenting time is at stake. To determine a custody arrangement, the court will evaluate several factors to help it determine whether it should grant sole or joint custody. When determining custody, the primary factor the court evaluates is what is in the child’s best interest. Often, the judge will make an effort to grant joint custody if possible. This is because it is seen in a child’s best interest to benefit from being nurtured by both parents. It is natural for parents to wonder whether their child’s parental preferences could impact the court’s custody determination. In Tennessee, the court can consider a child’s parental preference regarding custody. Please continue reading to learn how a child’s parental preference impacts a custody determination and how an experienced Memphis, Tennessee Child Custody Lawyer can help you today.

Does a Tennessee Court Consider a Child’s Parental Preference in Custody Cases?

Tennessee law specifically allows the court to consider a child’s reasonable preference when determining custody in accordance with the Tennessee Code § 36-6-106. As such, a court can consider the child’s preference so long as the child is found to be of sufficient age and maturity. While the statute does allow courts to consider the input of younger children, the courts typically give more consideration to children aged 12 and older.

Depending on the circumstances of the situation, a child’s parental preference may carry significant weight in a judge’s custody determination. For instance, if a child is making an independent decision and has valid reasoning for preferring one parent over the other, it could influence a judge’s decision.

Important Considerations Regarding a Child’s Custody Preference in TN

• Tennessee courts may consider a child’s preference in custody matters
• Judges typically give more weight to the input of children aged 12 and over
• A child’s wishes do not automatically determine custody
• The court must still act in the best interests of the child
• The judge will evaluate whether the child’s opinion was formed independently or manipulated by either parent

What Happens if a Parent Tries to Influence the Child’s Custody Preference

However, in some cases, one parent may try to manipulate a child into choosing them during a custody dispute. It is important to understand that the courts in Tennessee take this matter seriously.

If the court finds evidence of coercion, the child’s expression of parental preference will not be taken into account.

Signs a Court May Suspect Parental Coaching

• The child’s language seems rehearsed
• The child is suddenly and uncharacteristically hostile towards one parent
• The child has made statements that mirror arguments raised by the parent
• The child expresses fear or stress about “choosing” a parent
• The child’s reasoning is inconsistent with their age or maturity

How Do Judges Decide What Is in a Child’s Best Interests?

Ultimately, a judge in Memphis and the surrounding communities will evaluate several factors to determine a custody arrangement that values the best interests of the child. Even if a child has strong preferences about where they will reside, the judge may determine that living with that parent would not be in the best interest of the child if the environment is unsafe or unstable. In Memphis and throughout Shelby County, the courts will adhere to the same statewide custody standards established under Tennessee law when evaluating these factors.

Factors Tennessee Courts Consider in Custody Decisions

• The existing relationship between each parent and the child
• Who the child’s primary caretaker was prior to the divorce
• The age, physical health, and mental health of each parent
• The ability of each parent to provide a safe and stable home environment
• Any history or allegations of abuse, neglect, domestic violence or substance abuse
• The ability of each parent to support and encourage a relationship between the child and their other parent
• The location of each parent’s residence
• The child’s preference, based on age, maturity, and reasoning
• The ability of each parent to meet the child’s daily needs

What Types of Custody Can Tennessee Award?

In Tennessee, there are two primary custody arrangements recognized by the courts: physical and legal custody. Physical custody primarily involves where the child will live, while legal custody refers to a parent’s right to make important decisions on behalf of the child.

Common Custody Arrangements in Memphis

• Joint legal custody
  • Both parents share decision-making responsibilities
• Joint physical custody
  • Both parents spend considerable time with the child
• Sole legal custody
  • One parent has full authority to make decisions on behalf of the child without consulting the other parent
• Sole physical custody
  • The child primarily resides with one parent, while the other may have visitation with the child
• Hybrid custody
  • One parent may have sole legal custody, while physical custody is split between the parents

How Can a Child Share Their Preference With the Judge?

In many instances, children will not testify in open court. This is because the process can be incredibly overwhelming and stressful, especially when a child must explain why they prefer to live with one parent while both parents are present in the courtroom. As such, there are a number of methods the courts can utilize to ensure that the child can express their opinion without unnecessary stress.

How May a Child’s Preference Be Presented in Court?

• The judge may hold a private, in-chambers conversation with the child
• Testimony may be presented through a guardian ad litem appointed to represent the child
• Statements may be presented by a child psychologist or evaluator
• Reports from a custody evaluation conducted during the case

Contact a Shelby County Divorce Attorney Today

If you are going through a divorce and subsequent custody battle in or around Memphis, it’s in your best interest to connect with the team at Rice Law. Our firm understands that divorce can be incredibly stressful for everyone involved, and your children are no exception. That is why our firm will do everything in our power to help you fight for the best possible outcome for your family. Contact us today to learn how we can represent you.