What Factors Do Courts Consider in Custody Decisions in Tennessee?

When custody decisions are made in Tennessee, family courts consider a plethora of factors and nuanced information. Evaluating all aspects of a family’s life is crucial in making the best decision for the well-being of the child. Consult with a Memphis, Tennessee child custody lawyer to learn more about the process and your rights.

What is the Best Interest of the Child?

The “best interest of the child” is a standard implemented across the United States, including Tennessee. This legal standard ensures that when determining child custody arrangements courts prioritize the well-being and safety of the children involved over the parents’ needs or wants. This allows courts to minimize the physical and psychological harm that children often experience when enduring their parents’ separation or divorce.

The best interest of the child is generally having equal access to both parents and living in an environment that promotes physical, mental, and emotional health.

What Factors Do Courts Consider in Custody Decisions in TN?

Because child custody is such an important issue, there is a lot of information to evaluate before a final decision can be made. Tennessee Code § 36-6-106 outlines the factors that a court considers when making child custody determinations.

1. The strength, nature, and stability of the child’s relationship with each parent
2. Each parent’s past and potential for future performance of parenting responsibilities
3. Refusal to attend court-ordered parent education seminars and other evidence of a lack of good faith
4. The disposition of each parent to provide the child with food, clothing, medical care, education, and other needs
5. The degree to which a parent has been the child’s primary caregiver
6. The love, affection, and emotional ties existing between the child and each parent
7. The emotional and developmental needs of the child
8. The moral, physical, mental, and emotional fitness of each parent to care for and parent the child
9. 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
10. The amount of time the child has lived in a stable environment and the importance of continuity in their life
11. Evidence of physical or emotional abuse to the child, the other parent, or any other person
12. The character and behavior of any other people who reside in or frequent each parent’s homes and interact with the child
13. The reasonable preference of the child, if they are 12 years of age or older or understand the gravity of the situation
14. Each parent’s work schedule and responsibilities
15. Whether a parent has failed to pay child support for a period of three years or longer
16. Any other factors deemed relevant by the court

These factors allow courts to create a custody arrangement that allows both parents to participate in the child’s life to the maximum extent while ensuring that the child’s health and well-being is prioritized.

For more information regarding your parental rights and options, reach out to a skilled child custody attorney today.