When parents part ways, the welfare of their children becomes the top priority. What happens when the children themselves have a say in the matter? Can their preferences influence the court’s custody decisions, and if so, to what extent?
The child’s opinion does not automatically decide custody
The impact of a child’s preference on custody decisions varies depending on several factors:
- Age of the child
- Maturity level
- Ability to express preferences clearly
- Reasons behind the preference
- Overall best interests of the child
Tennessee courts may factor in a child’s custody preference, among other considerations, when making custody decisions. Children 12 years and older may have their preferences heard in court. For children under 12, the judge decides if their input is necessary.
It is important to note that a child’s preference is just one factor in custody decisions. Courts also consider parents’ capabilities, relationships with the child, home stability and any history of abuse or neglect.
Tennessee courts put the best interests of the child above all else. This means that even if a child expresses a strong preference for one parent, the court may rule differently if it believes another arrangement would better serve the child’s needs.
For parents, it is best to avoid pressuring their children to choose sides or make decisions about custody. This can cause emotional distress and potentially harm the child’s relationships with both parents.
Obtaining legal guidance is essential
Do not hesitate to work with a skilled family law attorney when facing divorce. The goal is to come up with a custody arrangement that is advantageous for everyone involved, particularly your child.