January 11, 2023
The end of a relationship between two parents is always a difficult and stressful time. This is especially true regarding child custody court decisions with shared children. How much time the children spend with each parent is often contentious. When an agreement cannot be reached between parents, the determination regarding custody falls to the courts. When it is clear that the Tennessee Court will make a custody determination in a case between parents, our clients often ask how the Court will make the decision. Determining how to split custody between two parents whose relationship has ended can be complicated.
In Tennessee, proceedings that require the court to make a custody determination regarding a minor child are decided by the Court based on the best interest of the child.[1] The best interest of the child is a judicial determination made by the Court after hearing and considering all the evidence presented to it as a part of the proceedings, and by taking into account several considerations outlined in Tennessee law. If there is an existing parenting plan, then this is the second step of a modification. See our blog post here regarding such modifications.
To begin, under the best interest standard, the Court is instructed by law to order a custodial arrangement that permits both parents to enjoy the maximum participation possible in the life of the child.[2] To determine this arrangement, the Court must consider the location of the residences of the parents, the child’s need for stability, and a long list of relevant factors found in Tennessee law.[3] These relevant factors are listed and further explained below.
The relevant factors considered in the best interest of the child in custody determinations include:[4]
To help make this determination, evidence is presented by each parent in court regarding each of these relevant factors in conjunction with the parent’s proposed custodial arrangement. Evidence regarding these factors will help the Court make their custodial determination based on what it believes is in the best interest of the child.
If you are considering a divorce or are experiencing the end of a relationship over share children with a partner or if you are involved in another type of proceeding where a Court will be making a custody determination about your children, our attorneys at Hagar & Phillips can help. Call us to schedule a consultation to discuss your specific circumstances and have your questions answered.
For more information about domestic relations, family law, or custody matters, you can speak with the best attorney in Lebanon, TN. Contact Hagar & Phillips for a confidential consultation at 615-784-4588.
[1] T.C.A. § 36-6-106(a).
[2] Id.
[3] Id.
[4] T.C.A. § 36-6-106(a)(1) – (16).
Disclaimer
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.