Tennessee Parenting Plan
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FAQ
13 ANSWERS The child can not dictate who he or she will live with. You will need to have your child's preferences considered through a Guardian ad Litem.
In Tennessee, an unmarried mother automatically has both physical and legal custody of the child until the father establishes paternity. However, once paternity is established, you have the same rights as any father does, under the law.
Child's Wishes for Custodial Parent is Currently Up to Judge's Discretion. Currently, there is no specific age where the Court will consider the wishes of a child in deciding custody matters.Currently there is no specific age where the Court will consider the wishes of a child in deciding custody matters.
1 attorney answer Although a child's wishes are one factor among many the court must consider in determining the child's best interests, a minor child never gets to "decide" which parent to live with.
A parent may also be unfit if he or she shows a lack of responsibility for, concern about or interest in the child's welfare. In Tennessee, if the Court finds grounds and finds that it is in the best interest of the children, it will terminate parental rights, clearing one of the major hurdles to your adoption.
Although a child can never decide issues relating to custody or visitation, Tennessee law requires a court to consider the wishes of a child over the age of 12 when making visitation related decisions.
The parent has engaged in willful abandonment that continues for an extended period of time. Physical or sexual abuse or a pattern of emotional abuse of the parent, child, or of another person in the home has occurred. The parent has been convicted of an adult sexual offense.
When can my child decide which parent to live with? Under Tennessee statute, the court shall consider the reasonable preference of the child over the age of 12. The court may choose to hear the preference of a child under the age of 12.
