Child Custody Criteria – Custody Laws in TN

What Statutory Criteria Do Courts Use with Child Custody Cases?

According to child custody laws in the state of Tennessee, courts will take into consideration any factors relevant to the case, which include:

• What love and affection exists between parents and child;

• The ability of the parent to provide adequate clothing, food, educational care, medical care, and the extent to which the parent was able to fulfill the role of primary caregiver;

• The pertinence of continuity throughout the child’s life as well as the amount of time that the child has been residing in an environment of stability; granted, that in cases involving child abuse or neglect by one parent, the non-perpetrating parent has taken it upon themselves to relocate with the intent of fleeing the perpetrator, the relocation will not be counted against them in awarding custody.

• The stability and security of the parents as a family unit;

• The physical and mental fitness of each parent;

• Records of the child including those from their home life, school, and community;

• The preferences within reason of the child, given the child is over the age of 11; in some cases, such preferences may be considered by children under the age of 12 per request; typically, the older the child is, the more legal weight their preferences hold;

• In cases where there is evidence of abuse towards the child, the other parent, or any other family member, the court will take all evidence related to the emotional as well as physical well-being of the child into account. Following the final decision in these regards, the court will provide written findings of the evidence presented and, if necessary, allocate additional issues of abuse or neglect to the state juvenile court to continue subsequent hearings;

• The determined integrity, behavioral health, and interactions with the child of any additional persons which reside in or often visit the home;

• Both parents’ previous histories and potential for success in maintaining parental responsibilities, which will include the ability and desire of each parent to promote and foster closeness as well as the continuing growth of the relationship, in consistency with the child’s determined best interest;

• And, not including cases where lawful provisions dictate the contrary, Tennessee courts have the jurisdiction to initialize custody determinations in regards to the minor, or modify previous orders of child custody after conclusively determining that the custodial parent was liable for or convicted of the wrongful death of the other parent.