Child custody is usually best settled by a
voluntary agreement between the parents. Only a small percentage of child
custody disputes are decided in a courtroom. When child custody cases
actually reach the court, the Judge will consider a variety of factors,
depending upon the evidence that the parties present and the best interest of
the child.
The Court considers the following factors in
custody disputes.
The love, affection and emotional ties
existing between the parents and child;
The disposition of the parent to provide the
child with food, clothing, medical care, education and other necessary care
and the degree to which a parent has been the primary care giver;
The important of continuity in the child's
life and the length of time the child has lived in a stable, satisfactory
environment;
The stability of the family unit of the
parents;
The mental and physical health of the
parents;
The home, school and community record of the
child;
If the child is 12 or older, the preference
of the child, if the child wishes to express a preference;
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
interactions with the child.
In recent years, grandparents' rights have
become an issue in child custody disputes. The United States Supreme Court
has determined a state may interfere with a parent's constitutional right to
raise his or her child only to prevent harm or potential harm to the child.
Under Tennessee's grandparent visitation statute, the grandparents must prove
the child would suffer substantial harm if the grandparent visitation was not
permitted. There is a presumption of substantial harm to the child if
grandparent visitation is not awarded where the child has a relationship with
the grandparent for at least one year, or has been in the grandparent's care
for a period of six months.
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