Child custody arrangements can impact life’s most important relationships, so the decision earns a special weight in a divorce. Ideally, parents should try to find an outcome where everyone can thrive, but sometimes they have no option but to leave the matter to a judge. Child custody law requires family courts to base their decisions solely on the best interests of the child, weighing factors such as suitable living conditions, the strength of existing relationships, and, in some states, the preference of the child. 

Do Courts Let a Child Choose Where to Live?

Each state weighs the preference of the child differently, with some allowing the child to choose when they reach a certain age, while other jurisdictions may not factor their wishes in at all in an official capacity. Tennessee child custody law requires judges to at least consider the preferences of children over the age of 12, although they have the discretion to ignore those wishes if they decide the child is not mature enough to make that choice.

Testimony of children under 12 years old is permitted, although judges are not required to hear it. Generally, the older the child, the more weight the court should give their preferences.

Do Children Have to Testify in Court?

Many children hesitate to express a preference for living with one parent, and testifying in open court can be an intimidating experience. Generally, judges will take a child’s testimony in their chambers without their parents present, giving them the chance to speak candidly. However, if children don’t want to testify, the court won’t compel them to.

Child custody law can be confusing, especially when emotions are running high. Castles Family Law is dedicated to helping clients throughout Davidson, Williamson, and Rutherford counties navigate some of the most difficult experiences of their lives. Visit their website for more on their child custody law services in Nashville and Brentwood, TN, follow their Facebook for more legal tips, or call (615) 804-6086 to schedule your initial consultation today.