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:
- The love, affection and emotional ties existing between the parents or caregivers and the child;
- 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;
- The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment;
- The stability of the family unit of the parents or caregivers;
- The mental and physical health of the parent or caregivers;
- The home, school and community record of the child;
- If the child is twelve (12) years of age or older, the reasonable preference of the child;
- Any evidence of physical or emotional abuse to the child, to the other parent or to any other person;
- 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;
- 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