Choosing Sides: At What Age Can a Child Decide Their Custodial Parent in Tennessee?
Legal Age for Choosing a Parent in Tennessee
In Tennessee, a child must be at least 12 years old to express a preference about which parent they want to live with. However, this doesn’t mean the child gets to decide. The court will listen to their opinion, but it’s only one of many factors considered. It’s important that children aren’t pressured to choose between parents; the goal is simply to hear from a child mature enough to share their thoughts.
Does Age Matter in Custody Decisions?
When deciding custody, a Tennessee court allows a child 12 years or older to share their preference about which parent they want to live with. But, the child’s preference must be reasonable, and it’s up to the judge to decide what’s reasonable based on the details of the case. Every custody situation is different, and the judge considers many factors, not just the child’s age or opinion.
Can a Child Decide Which Parent to Live With?
There’s a difference between the judge listening to the child’s preference and the child actually deciding where they’ll live. In Tennessee, the law allows a child’s opinion to be heard, but the final decision about custody rests with the judge. Even if both parents agree with the child’s wishes, the judge has the final say in what’s best for the child.
How Much Weight Does a Child’s Preference Carry?
When the court considers custody, it must look at the preference of a child who is 12 years old or older. The older the child, the more weight their opinion might carry, especially as they reach 16 or 17 years old. Judges understand that older children are usually more mature and better able to make reasoned decisions. However, the younger the child, the less important their preference typically is in the judge’s final decision.
What Happens in a Custody Dispute?
In a divorce where parents can’t agree on custody, the court will ultimately decide which parent the child will live with most of the time (the primary residential parent) and how much time the child will spend with the other parent (the alternate residential parent).
For children under 12, the court may consider their opinion, but it’s not required to do so. Since the child’s preference is just one factor among many, it doesn’t determine the outcome by itself.