Leading family law attorney Francis King, founder of the Law Offices of Francis King in Nashville, TN explains key factors to be considered when deciding who is granted child custody. For more information please visit https://franciskinglaw.com
Nashville, TN, United States - October 18, 2022 —
A judge will assess many factors when coming to a final decision in a child custody battle, but the key factor will always be the court’s determination as to what will be in the child's best interests, Nashville Divorce Attorney Francis King said this week.
For more information please visit https://franciskinglaw.com
While the complexities of child custody battles are unique to each case, child, and family, the founder of the Law Offices of Francis King pinpointed several areas that could ultimately influence a judge's decision.
According to King, in Tennessee, the specific factors to be considered are:
(1) The love, affection and emotional ties existing between the parents and the child;
(2) The disposition of the parents 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 caregiver;
(3) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;
(4) The stability of the family unit of the parents;
(5) The mental and physical health of the parents;
(6) The home, school and community record of the child;
(7) (A) The reasonable preference of the child, if twelve (12) years of age or older;
(B) The court may hear the preference of a younger child on request. The preferences of older children should normally be given greater weight than those of younger children;
(8) Evidence of physical or emotional abuse to the child, to the other parent or to any other person;
(9) The character and behavior of any other person who resides in or frequents the home of a parent and the person's interactions with the child; and
(10) Each parent's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, consistent with the best interest of the child.
King emphasized that, in Tennessee, "Judges are prohibited by statute from considering the gender of a parent when considering which parent should be the primary residential parent, regardless of the child's age." He added, “Some states may follow what is called ‘the tender years’ doctrine under which a preference is given to mothers when a child is very young. But, that doctrine does not apply in Tennessee.”
King also commented that a parent who continues to live in the family home may have an advantage because moving the child out at the time of separation can add to the stress of the divorce on a child.
"Remaining in the primary residence adds stability, certainty, and continuity in their young lives, and potentially less travel disruption for schooling and activities," King said. "But, regardless of where you are going live post-divorce, if you want to spend a good chunk of time with your child, you should ensure that your residence is just as suitable for meeting the child’s needs as the other parent’s home.”
Living close to your ex-spouse, co-commitment, and support among parents for the child's welfare may influence a judge to approve a parenting plan that gives both parents equal time with the children.
King also pointed out that a common, but erroneous, myth is that a child 12 years of age or older can decide how much time he or she will spend with each parent. “While a court can consider that, it is not the controlling factor, and it will be given varying weight depending on the circumstances of a particular case.”
King also warned that if a court suspects a parent has been bribing a child or influencing them, a decision could go against that parent.
King concluded: "When a custody battle occurs, a judge will take a balanced look at each parent's circumstances. But they will be mindful to promote continuity and stability in order to avoid or minimize major upheaval and change in a child's life."
Source: http://RecommendedExperts.biz
Contact Info:
Name: Francis King
Email: Send Email
Organization: Law Offices of Francis King
Address: 4235 Hillsboro Pike #300 Nashville, TN 37215
Phone: 615-385-7654
Website: https://franciskinglaw.com
Release ID: 89082925
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