What Factors Are Considered When Determining Child Custody?
In child custody proceedings, the court considers what is in the best interests of the child when rendering a decision. The custody arrangement ordered should permit both parents to enjoy maximum participation in the child’s life, considering the parents’ residences’ locations, the child’s need for stability, and other relevant factors. Nashville family law attorneys explain what the court will look at:
The Child’s Relationship with Each Parent
The court will consider the child’s relationship with each parent, including its strength, nature, and stability. It also considers the love, affection, and emotional ties between each parent and the child.
The Previous Division of Parenting Responsibilities and Willingness to Foster a Positive Relationship
Under Tennessee law, the court must consider whether one parent has performed the majority of parenting responsibilities related to the child, including to the degree that one parent has been the primary caregiver. It also considers each parent’s potential for performing future parenting responsibilities and their willingness and ability to facilitate and encourage a close and continuing relationship between the other parent and the child. It considers whether the parents will likely honor court-ordered parenting arrangements, any refusals to attend parenting education courses, and any history of either parent denying parenting time in violation of a court order.
The Ability to Provide for the Child’s Financial Needs
Tennessee courts also consider the parents’ ability to provide for the child’s basic needs, including food, clothing, medical care, and education.
The Child’s Developmental Needs
The court also considers the child’s emotional needs and developmental level.
The Fitness of Each Parent
The court considers whether each parent is physically, mentally, emotionally, and morally fit to parent the child. Courts in Tennessee can review mental health records as part of the child custody proceedings.
The Child’s Other Relationships
The court also considers the child’s other relationships and how they will be affected by a proposed child custody arrangement. This includes considering the child’s relationship with siblings, other family members, step-relatives, and mentors. Additionally, courts can consider the child’s participation in school, extracurricular, and recreational activities.
The Potential for Continuity
The court is interested in maintaining the status quo when this is in the child’s best interests, so it considers the length of time the child has lived in a stable and satisfactory environment.
Abuse
If either parent has committed physical or emotional abuse on the child, the other parent, or another person, the court can consider this information in its assessment.
Other People’s Characters
The court can also consider the character and behavior of other people who would be involved in the child’s life if certain child custody arrangements were in place.
The Child’s Preference
The court considers the child’s preference if the child is 12 or older. It can consider the preference of a child younger than this if requested, but the preference is not given as much weight as it does for younger children.
The court can also consider any other factor it deems relevant.
Schedule a Free Consultation to Discuss Your Case
At the Burdine Law Firm, our child custody attorneys in Nashville understand the high stakes involved in your child custody case. We know how to prepare your case and present evidence to fight for a custody arrangement that is in your child’s best interests. Call us at (629) 299-2228 or contact us online for your free consultation.