When experience matters, don’t leave your future to chance.

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Photo of Professionals at JMG, PLLC

When experience matters, don’t leave your future to chance.

What determines the custody order in a Tennessee divorce?

On Behalf of | Sep 21, 2022 | Family Law |

The idea that someone other than you will have control over your relationship with your children is so frightening that it traps many people in unhappy relationships. Many parents in Tennessee worry about what divorce would mean for their relationship with their children. They would prefer to leave, but they choose to stay married. 

For those unhappy in their marriages, understanding what determines child custody outcomes in a Tennessee divorce might help them overcome their reticence to file for divorce. 

You can have the final say

There is no rule that dictates that divorcing couples must allow a judge to divide custody. Couples absolutely have the right to cooperate and create their own custody arrangements. In fact, the courts typically prefer to have parents cooperate with one another instead of fighting. 

Settling your own custody matter might mean that you can request an uncontested divorce, which is typically a faster and more cost-effective option than litigation. You and your ex will also be able to set the exact terms that you would prefer for your parenting plan. 

If you do go to court because you cannot resolve custody matters on your own, a judge must prioritize the best interests of the children when making decisions about parenting time and decision-making authority. They may consider the children’s preferences, your relationships with the children and numerous other family factors as they determine the best way to divide parenting time. 

You can either cooperate with your ex or develop a litigation strategy that integrates this newfound understanding of state law. Learning more about custody decisions in Tennessee will help you secure the best outcome in your upcoming divorce.