Can My Child Choose Which Parent to Live With?

At the end of a marriage in Tennessee, children may want to remain with one parent or another. Older children, especially, may have strong ideas about what happens after the divorce. While a judge may consider a child’s preferences in custody cases in Williamson County, it’s not as simple as a daughter or son deciding to stay with mom. A judge will consider various factors to determine what is in the child’s best interests.

How Do Judges Consider a Child’s Wishes in Franklin, TN, Custody Cases?

Under T.C.A. § 36-6-106(a), a court is required to consider several factors when making the custody determination about a child, including:

• The relationships between the child and parents, including whether one parent has been primarily responsible for the child’s care
• The capacity, willingness and potential for each parent to fulfill their obligations toward the child and to ensure a good relationship with both parents
• The willingness of each parent to attend court-ordered parent education
• The child’s emotional needs and development
• The fitness of each parent, though judges cannot use disability and protected mental health information against either parent
• Any other relevant factors, such as parents’ work schedules, associates of each parent and how to best achieve continuity in the child’s life
• The child’s relationship with siblings and other family, including step-relatives and key mentor figures
• Any evidence of emotional or physical abuse on the part of either parent, any evidence of nonpayment of child support or any other lack of support
• The “reasonable preference” of any child at least age 12 if a parent wishes to call the child as a witness. Children under the age of 12 can testify as

Can a 12-Year-Old Child Choose Where To Live in Maury County Custody Cases?

No. While judges may examine a child’s “reasonable preference,” and the court may consider a child’s wishes under the age of 12 if requested, the decision ultimately rests on the child’s best interests.

While the wishes of older children generally get more weight than those of younger children, no child truly “chooses” a parent. Divorce is challenging for children, and they may not be able to make a decision based on what would be best for them and their future. Courts, for this reason, evaluate multiple factors when making a decision.

Should My Child Testify in a Franklin, TN, Custody Case?

They may not have to. In most Tennessee custody cases, parents must attend a 4-hour parenting seminar and participate in mediation to negotiate a parenting plan. If parents reach an agreement in mediation, the judge will typically approve the parenting plan without the need for a contested court hearing, and a child will not have to testify.

If a court determination is needed, judges sometimes meet with a child in chambers rather than have them testify in court, because they recognize that testifying can be frightening.

What Is “Reasonable Preference” for Child Custody in Columbia, TN?

In Tennessee, courts may disregard a child’s preference if it is shown to result from manipulation or coercion by a parent. Judges confirm that a child’s preference to stay with one parent is reasonable or based on sound choices, such as a desire to remain in a specific school they attend or to maintain a relationship with siblings or step-siblings.

A desire to stay with one parent because they are more lenient with rules, or because they offer gifts, is not considered reasonable. If a judge feels that a child has been manipulated into “preferring” to stay with one parent, they may not consider the child’s wishes.

Can a Child’s Preference Change Custody Arrangements in Williamson County?

No. In Tennessee, custody arrangements that are generally working are kept in place unless there is a material change in circumstances affecting the child’s welfare. In many cases, parents need to attend mediation before changes to custody are made.

How Can the Team at Fort, Holloway, & Saylor, LLC Help?

At Fort, Holloway, & Saylor LLC, we take a tailored approach to your case, whether you are negotiating custody in court or at the negotiation table. Our attorneys work to protect your children while pursuing a fair custody arrangement that safeguards your rights.

Our child custody and divorce attorneys have handled many trials and mediations, including complex family law matters, and our partners have worked together for over 10 years, bringing extensive combined experience to every case.

Contact Fort, Holloway, & Saylor, LLC to Learn More About Your Custody and Legal Options

Custody can be challenging. At Fort, Holloway, & Saylor, LLC, our compassionate attorneys are here to help you navigate the legal challenges of this difficult process. We can guide you through your options and help you take your next steps with strategic representation.

Submit a contact form or call 615-685-5453 to learn more and schedule a consultation today.