How Do Tennessee Family Courts Resolve Child Custody Disputes?

Separated or divorcing parents have the option of setting their own custody terms, and this is often the best path, even in cases involving serious emotional conflict or sharp disputes over other issues. Uncontested custody filings empower parents to have a stake in the arrangements that they’ll likely be living by for several years to come. However, it is quite common for parents experiencing a change in relationship status to have difficulty finding a suitable compromise.

If an agreement cannot be reached, the custody dispute will go to family court. A judge will review the relevant evidence and can determine the appropriate division of parenting time, or physical custody, and decision-making authority, or legal custody. When judges make decisions about custody matters, these rulings must be based on what is in the best interests of the children.

A judge hearing a litigated custody case considers multiple specific factors about the family when allocating parenting time and authority. Those factors include:

• Which parent acted as the primary caregiver
• The current bond between the children and each parent
• The mental and physical health of both parents and all children
• The ability of a parent to care for the children
• The stability of the parent, including their ability to provide their children with a safe home environment and a consistent routine
• Any history of abuse
• The ability of the parents to work cooperatively with one another
• The work schedules of each parent
• Sibling relationships
• The preferences of children aged 12 or older

The judge reviews these factors, along with any other information they deem relevant. They then determine the ideal allocation of parenting time and legal custody.

Parents concerned about upcoming custody litigation can gather evidence to guide the judge’s decision-making process. Testimony from professionals, such as child care providers or developmental specialists, police reports, medical records and even interpersonal communications with the other parent can give a judge more insight into family circumstances.

Working with an experienced Tennessee family law attorney gives parents the best chance to secure a favorable child custody order either through negotiation or litigation. Parents in the greater Memphis area going through a divorce or separation should contact The Collierville Law Firm. You can schedule a free initial consultation by calling 901-614-0318 or contacting us online.