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Neither. Some fathers' rights activists may say it is a mother state because Tennessee does not have an equal parenting time presumption. An equal parenting time presumption exists in many states, requiring judges to assign parents equal parenting time unless the judge finds a serious reason not to order equal time.
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
Custody can be decided at any point between the parties. A court can award temporary custody if requested by either of the parties. Custody may be decided at mediation. If the parties cannot reach an agreement, custody will be decided by the court at a trial.
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.
Historically, mothers were often awarded child custody during a divorce, even though there is nothing in the Tennessee Code that states that mothers are better parents than fathers. This was partly because at that time, there was a bias against fathers that worked in the favor of mothers during child custody hearings.
The General Rule for Moving out of State Under Tennessee Law Under Section 36-6-108 of the Tennessee Code, if a custodial parent seeks to relocate out of state, that parent must provide notice to the child's other parent at least 60 days prior to moving ? absent exigent circumstances.
In Tennessee, the child must be at least 12 years old. That would be the legal age at which the child could express a preference of a parent to live with over the other. Children should never be pressured to take sides or choose the more loved (or permissive) parent instead of the other parent (or disciplinarian).
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.
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.
Talk to your child about why they don't want to go Try to get to the bottom of why your child doesn't want to spend time or stay with your co-parent. Let your child express their feelings to you without judgment. When it's your turn to respond, do so with kindness and understanding.