Child Custody Criteria in Tennessee | Turner Law Offices
Nashville Child Custody Attorney Reveals How To Win A Child Custody Case in Tennessee
There are statutory and non-statutory criteria that judges consider in making a child custody determination. Tennessee Code Annotated Section 36-6-106 provides the statutory criteria that judges must consider in making custody determinations. In a suit for annulment, divorce, separate maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, such determination shall be made upon the basis of the best interest of the child. The Court utilizes these criteria in fashioning a Permanent Parenting Plan that names the Primary Residential Parent (PRP) and sets a residential schedule with the Alternate Residential Parent (ARP).
What are the Statutory Criteria Courts Follow in Child Custody Cases?
The court shall consider all relevant factors including the following where applicable:
- The love, affection and emotional ties existing between the parents and child;
- The disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver;
- The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment; provided, that where there is a finding of child abuse or child sexual abused by one parent, and that a non-perpetrating parent has relocated in order to flee the perpetrating parent, that such relocation shall not weigh against an award of custody;
- The stability of the family unit of the parents;
- The mental and physical health of the parents
- The home, school and community record of the child
- The reasonable preference of the child if 12 years of age or older; or The court may hear the preference of a younger child upon request. The preferences of older children should normally be given greater weight than those of younger children;
- Evidence of physical or emotional abuse to the child, to the other parent or to any other person; provided, that where there are allegations that one parent has committed child abuse or child sexual abuse against a family member, the court shall consider all evidence relevant to the physical and emotional safety of the child, and determine, by a clear preponderance of the evidence, whether such abuse has occurred. The court shall include in its decision a written finding of all evidence, and all findings of facts connected thereto. In addition, the court shall, where appropriate, refer any issues of abuse to the juvenile court for further proceedings;
- The character and behavior of any other person who resides in or frequents the home of a parent and such person’s interactions with the child; and
- Each parent’s past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child.
Also, notwithstanding the provisions of any law to the contrary, the court has jurisdiction to make an initial custody determination regarding a minor child or may modify a prior order of child custody upon finding that the custodial parent has been convicted of or found civilly liable for the intentional and wrongful death of the child’s other parent or legal guardian
What are the Non-statutory Criteria Judges Follow in Child Custody Cases?
The non-statutory criteria often considered by judges includes the following:
- Continuity of placement—most stable and permanent arrangement
- Attachments and Relationships—parent-child, child-sibling
- Parental alienation
- Child’s special needs
- Educational plans for child
- Gender Issues
- Physical and mental health of others in household
- Work schedule of parents and step-parents
- Parental style and discipline
- Conflict resolution
- Support systems
- Cultural issues
- Ethics and values
Hire an Experience Child Custody Lawyer
At Turner Law Offices, P.C., our child custody lawyers are intimately familiar with the statutory and non-statutory custody factors, and how these factors work together to achieve your desired results in child custody disputes. Call today to set up your free in-person consultation or request your free initial consultation online!