How old can children be to testify in Tennessee child custody cases?

Would child testimony affect your case? A Bartlett child custody lawyer can explain how this may impact your custody battle. Children must be 12 years old to testify in Tennessee custody cases in order to express a preference between parents.

When parents cannot decide on a fair child custody agreement, the courts may ask the children to state their preferences. Only in the most rare situations, the judge may ask children younger than 12 to state their preferences as well, although older children’s preferences are given more consideration than those of younger children.

Although children 12 years old and older can state their preferences, the judge does not have to follow the child’s preferences. The judge must consider them, as long as they are reasonable, but if he or she feels that the other parent would be better suited to take on full custody of the child, the judge has the right to make that decision.

The judge’s duty is to look out for the best interests of the child. Therefore, the judge will make a decision based on many factors, including the child’s: 

• age;
• gender; and
• health.

The judge will also look at the parents’ lifestyle, health and ability to provide for the child. Divorce is a difficult time for children and it is always a good idea to keep their best interests in mind, especially in terms of child custody.

If you have concerns about your child custody rights and how child testimony may play into the case, contact Bartlett child custody lawyers from Miles Mason Family Law Group for legal help.