Who Will Get Custody of Our Children?


By Tennessee statute, when determining who should get custody of minor children, the court will make a decision based on the overall best interest of the child or children by considering all relevant factors such as:

  1. The love, affection and emotional ties existing between the parents or caregivers and the child;
  2. The disposition of the parents or caregivers to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent or caregiver has been the primary caregiver;
  3. The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment;
  4. The stability of the family unit of the parents or caregivers;
  5. The mental and physical health of the parent or caregivers;
  6. The home, school and community record of the child;
  7. If the child is twelve (12) years of age or older, the reasonable preference of the child;
  8. Any evidence of physical or emotional abuse to the child, to the other parent or to any other person;
  9. The character and behavior of any other person who resides in or frequents the home of a parent or caregiver and the person’s interactions with the child;
  10. Each parent or caregiver’s past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both child’s parents, consistent with the best interest of the child.

TCA §36-6-106

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