When deciding child custody in Tennessee, the Family Court has a detailed list of factors from which consideration is made. Though the overriding objective is to base a custody decision on the best interest of the child, a myriad of smaller factors go into this larger analysis.
Tennessee Code 36-6-106 states in taking into account the child’s best interest, the court shall order a custody arrangement that permits both parents to enjoy the maximum participation possible in the life of the child as it relates to the location of the residences of the parents, the child’s need for stability and all other relevant factors. Some of the relevant factors the court considers include the following:
- the relative strength, nature, and stability of the child’s relationship with each parent, including whether one parent has taken greater responsibility for meeting the child’s daily needs
- the degree to which a parent has been the primary caregiver, defined as the parent who has taken greater responsibility for performing parental obligations
- the child’s interaction and relationships with siblings and with significant adults, as well as the child’s involvement with his or her physical surroundings, school, or other significant activities
- the importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment
- 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 and such person’s interaction with the child
- the reasonable preference of a child who is 12 years of age or older; the court may hear the preference of a younger child upon request, and the preference of older children should normally be given greater weight than the preference of younger children
- each parent’s work schedule (the court may make accommodations consistent with those schedules.
As the law lays out, past and current behavior plays a role in determining custody arrangements, and the law provides that past and current interactions between the child and the parents, siblings, and any other person can also be considered if that interaction impacts the best interest of the child. Parental conduct is also a very important factor, and judges are allowed to look at steps taken by parents to foster a good parent-child relationship when deciding child custody issues.
On the other hand, bad behavior and misconduct, such as alienation, manipulation, coercion, or negative actions toward the other parent can also be considered and typically harms a parent’s attempt to gain custody. The ability of a parent to be involved in the life of the child, the stability of existing living arrangements, and the difficulty or ease of making new adjustments can also be weighed.
Navigating through child custody is complicated and can seem overwhelming, that is why the services of an experienced family law attorney is paramount in obtaining the results you deserve under the law as it relates to the custody of your child. Contact our attorney, Donna Wagner, to schedule a consultation to discuss your child custody case.
Real-life results
See what happy clients are saying about me.
“I spoke with several attorneys and from the moment I spoke with Donna I knew she was the person I wanted to hire for a child custody case.
From the very first interaction she was enthusiastic, friendly, and honest. She asked a lot of questions to get to know the case well. I was so impressed with how thorough and thoughtful she was throughout the entire process, explaining every step along the way.
Donna was great at staying in contact and kept me updated as everything progressed. She was affordable and very fair in her billing. If ever another situation is to arise in which I’m requiring legal assistance and representation she will be the first I call.
Due to Donna’s persistence I was able to come out ahead with more than I had ever hoped for when I first brought her my case. She helped me to see and understand things about my situation that would have never occurred to me on my own.
This woman has so much integrity! I’m so grateful for all of her help during a nerve wracking time. She was incredibly personable. I highly recommend Donna Wagner for your legal needs.
Best decision I ever made in the midst of a divorce, from someone who asked for the divorce, was to hire Donna Wagner. I was facing an attorney who was representing my spouse, thinking all I had to do was sign the papers. No, they were attempting to get money out of me. Keep in mind we didn’t have any kids. Anyhow, Donna came in and shut it all down. I was due in court in a week and she got that continued. After going back and forth with the opposing attorney, Donna was able to not only get them to settle the case without going to court but have everything ruled in my favor. I am finally divorced and can breathe easy. Thank you Donna Wagner!
Donna provided such expertise during my case with her. She was always responsive, knowledgeable and professional, while also being compassionate to my situation. I cannot recommend her enough!
I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!
I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!
I obtained Mrs. Donna Wagner’s services in 2012 to help with my charge of driving under the influence. I first called several other attorneys, but none of them were willing to listen to my case. Mrs. Wagner not only took the time to listen but went out of her way to be sensitive to my issues, respond quickly to my questions, and help me understand this unfamiliar process. It was clear to me from the beginning that she knew the system well and was very thorough in her exploration into my case. With her experience and knowledge of the Mt. Juiliet court system, combined with her adept use of the evidence at hand, she was able to get my charges significantly reduced. I could not be more happy with my choice of attorney. I am certain that I would not have had such a successful outcome without her guidance and skill.
