Tennessee law requires that a court determines the ultimate fate of a child in a custody case. Possible results of a Tennessee custody hearing are one parent or the other gaining sole control of the child or a joint conservatorship, in which one parent has a shared physical possession of the child, while the other parent holds the legal custody of said child. Custody hearing results are based on many factors. Knowing what these factors are can help you determine which parent will be given custody.
Relocation
According to Michie's Legal Resources, whichever parent gets physical possession of the child in the custody case is permitted to move out of state. The only exception to this is if the other parent can prove that the custodial parent is moving for the sole reason of preventing the other from having a relationship with the child.
Child's Preference
Any child over the age of 12 is allowed to state his preference over which parent gets custody over him. The child's choice holds some weight on the court's decision on who gets custody of the child. Generally, the older the child is, the more weight his preference holds in court.
Gender
Up until 1997, the "Tender Years Doctrine" was in effect. This doctrine, according to Michie's Legal Resources, allowed the court to consider a parent's gender when determining who gets physical possession of a child who is age seven years or under. As of 2010, this law is no longer in effect and the court is not allowed to consider the gender of a parent when determining the custody rights of a child.
History of Violence
According to Tennessee's laws, the court must determine if a child underwent any physical or emotional abuse from either parent involved in the custody case. They also must determine if either parent abused the other. Lastly, they must figure out if a parent moved to avoid being abused by the other. Tennessee laws require that the court considers "love, affection and emotional ties between the parents and child," in addition to how long the child lived in any violent condition.
Child's Exposure to Others
The laws of Tennessee require that a child must be placed in a home in which she will not be exposed to someone of dubious character or behavior, including a significant other or anyone else who will be living regularly in the custodial parent's home.
