When the mother and father are divorcing, or if they were never married, and a custody decision is sought in the courts, under Tennessee Code Annotated 36-6-106(a), the courts will apply a best interest of the child analysis in order to determine which parent should have primary custody or if the parents should have joint custody.
The factors the court will consider include:
(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 caretaker;
(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) evidence of physical or emotional abuse to the child, to the other parent or to any other person;
(8) 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; and;
(9) Each parent’s past and potential for performance of parenting responsibilities, including the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child.
Proof of these factors can include receipts of purchases for the child, medical records, educational records of the child, witnesses who have observed a parent’s parenting, and back ground checks for those living in the residence with a parent and the child.
After hearing the proof the court will make a decision as to how much time the child spends with each parent, and whether one or both parents have decision making as to the child’s education, health care, extracurricular activities and religious upbringing.
For more information call us at 901-844-7141 or email carol@carolchumneylaw.com