There are several misconceptions about how custody decisions are made. A common assumption is that custody decisions lean towards the parent with the most financial resources or that courts look at the parents’ gender. However, this is not how things work in Tennessee.
Courts prioritize the child’s best interests when issuing custody orders. Various factors may influence the outcome of custody proceedings, including the following:
Parental fitness
Each parent’s ability to provide a stable and nurturing environment, their physical and mental health, past behavior and capacity to meet the child’s needs are important deliberations during custody proceedings. The court will also assess each parent’s involvement in the child’s life and the emotional bond they share when ordering a custody arrangement.
Stability and continuity
Custody orders also aim to minimize disruption to the child’s life and provide a sense of stability during the post-divorce transition. Ideally, this includes keeping the child in their current home, school and social circle as much as possible.
Child’s preference
A child’s custody preference may be considered, depending on their age and maturity. However, the child’s wishes are not binding to the court and could be overruled.
History of domestic violence or abuse
Courts take the child’s safety very seriously when determining custody. As such, a history of domestic violence can significantly influence the custody arrangement with a focus on protecting the child. The court may issue protective orders or restrictions, including supervised visitation, no-contact orders or temporary custody arrangements.
Tennessee family law courts have broad discretion when making custody decisions and may consider any other additional factors they find relevant to your situation. This underscores the need for personalized legal guidance during custody proceedings to help protect your parental rights and child’s welfare.