When parents decide to separate or divorce, one of the most contentious but important matters to address is child custody. Depending on their age and understanding of the situation, the child may have a strong opinion about which parent they want to live with. It is normal to wonder whether your child will be able to choose who to live with but in Tennessee, a child’s preference is not the deciding factor in custody cases. There are many important factors to consider when making such an important decision. Understanding the considerations of the court is important when navigating custody disputes. For more information and to obtain skilled representation, reach out to an experienced Memphis, Tennessee child custody lawyer today.
Custody in Tennessee
In Tennessee, child custody is divided into two main categories: legal custody and physical custody. Legal custody refers to a parent’s right to make important decisions about a child’s life, like decisions about how they are educated, the healthcare they receive, or their religious upbringing.
Physical custody, on the other hand, refers to where the child will live and which parent will care for them. In many cases, parents share both legal and physical custody equally. However, sometimes one parent will have primary custody while the other cares for them less or has visitation rights.
How is Custody Determined in TN?
Parents are permitted to create a parenting plan and custody arrangements on their own. If they can agree on an arrangement they can submit it to the court for review and approval. However, if they cannot agree or the court does not approve the plan, the court will step in to make the final decision.
The court’s primary concern is always the child’s well-being, which will be reflected in the decision that is made. Custody arrangements should be in the best interest of the child. The judge will take a variety of factors into consideration including the following.
- The child’s relationship with each parent
- The parents’ ability to meet the child’s physical and emotional needs
- The home environment of each parent
- Either parent’s history of substance abuse, domestic violence, abandonment, or other relevant issues
- The child’s safety and well-being
Another important consideration is what the child wants.
Can My Child Choose Who to Live with in TN?
As established above, the parents or the court can create a custody agreement but only the court can issue the final decision. Tennessee state law does not give children the right to choose which parent they want to live.
However, children are permitted to express their wishes to the judge. A child’s preference is given more weight the older and more mature they are. If they are a teenager and have sound, logical reasons they want to live with one parent over the other, the judge will likely be swayed by their statement. However, if they are young and do not fully understand the gravity of the situation, the judge will likely rely more on the other considerations listed above.
