Tennessee courts consider several factors when determining custody. These factors are based on what is in the best interest of the child.
There are two types of custody: joint custody and physical custody. Joint custody refers to a guardian’s legal right to make decisions about the child’s upbringing. Physical custody refers to a parent’s right to live and spend time with their child.
A custody schedule is based on physical custody. As a child becomes older and better able to express their feelings about physical custody, many parents wonder if the court can determine custody based on what the child wants.
The child’s preference as a custody factor
A common assumption is that a child can choose their custody schedule when they reach a certain age. Tennessee law does not specify an age at which a child can choose their custody schedule.
However, a court is more likely to consider the preference of an older child who is mature enough to state their preference and the reasons for it.
One of the custody factors is the reasonable preference of a child who is age 12 or older. This does not mean that at age 12 your child may choose. It simply means the court is going to consider the child’s preference at or after that age along with other factors.
Reasonable and unreasonable preferences
It is important to note the factor states the reasonable preference of a child. A court will generally determine if a child’s preference is reasonable after listening to their testimony.
An example of an unreasonable preference would be a child aged 12 or older who testifies they want to live with their father because they can stay up as late as they want and do not ever need to do homework.
That is not a reasonable preference because that kind of environment may not be in a child’s best interest.
The custody factors do not forbid a child younger than 12 to express a preference. A court might permit a younger child to testify. However, their testimony will not be given as much credence as that of an older child.