How old can children be to express a preference for custody and visitation in Tennessee?
- At November 13, 2012
- By Miles Mason
- In Child Custody, Divorce
- 0
Germantown, Tennessee child custody lawyers know that determining child visitation rights can be a challenging and emotionally charged issue. In the state of Tennessee, the court will recognize a child’s preferences if he or she is older than 12. This doesn’t necessarily mean the child’s preference will prevail, but it may at least be taken into consideration.
In some cases, if the child is younger than 12 years old, the court may still decide to hear his or her preference. In either case, the court ultimately will make its decision based on what is in the child’s best interest.
In general, the older the child, the more weight their preference could be given in these cases. This isn’t always the case, however. It may be helpful to discuss your child’s age and maturity level with your attorney when evaluating whether his or her preference will play into the court’s decision.
Of course, once the child turns 18, he or she is free to live with and visit either parent. Until then, a judge may make the final decision if the parents are unable to come to an agreement themselves. In most cases, working out a plan independent of court intervention is preferable. Unfortunately, some parents are unable to do so and must rely on a judge’s decision.
Seeking Help from Germantown, TN Child Custody Lawyers
Where a child lives and visits is a vital component to any divorce case. No matter what each parent thinks, the judge will make a decision that is based on what is best for the child, not the parents.
A child custody lawyer at Miles Mason Family Law Group can explain how this process works. He or she can go over some of the other considerations that judges may weigh when determining child visitation rights and where children live. Contact us today at 1-901-683-1850. Don’t forget to download our FREE eBook, Your First Steps: 7 Steps Planning Your Tennessee Divorce.