Divorce Tennessee Custody

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The "tender years doctrine" was applicable to children aged 7 years and less. As per this law, the sex of the parent was a determining factor for custody. However, from 1st July 1997, this doctrine was eradicated by law.

Factors considered by court in Divorce Tennessee Custody

The court takes into account the following factors while deciding the plan for child custody.

• The father's and mother's past parenting responsibilities and potential for future performance of these responsibilities. This is inclusive of the capacity and readiness of each parent to foster and inspire a close and continuing relationship between the other parent and the child
• The demeanor and personality of any person who frequently comes to or lives in the residence of the parent
• How the person (described in the previous point) interacts with the child?
• Is there any proof of emotional or physical abuse to any parent, any child or any other person?
• If a child is minimum 12 years of age, then what is the reasonable preference of the child?
• If a child is less than 12 years of age, the court listens to his/her preference upon request to do so
• The record of the child in the community, at school and in the house
• The physical and mental health of the parents
• Whether the parents are stable as a family unit?
• How much is the significance of continuity in the life of the child? For what duration has the child resided in a satisfactory and stable ambience?
• The inclination of each parent to offer the child education, medical care, clothing, food and other essential care
• The extent to which each parent has played the role of the primary caretaker
• The emotional ties, affection and love that exists between the child and each parent

If there is a change in circumstance, the court might revise the custody order to modify it. Some of the change in circumstances is as follows.

• Adoption by stepparent
• Alteration in alimony or child support
• Relocation of the child out of this state
• When a teenager expresses a desire to reside with a specific parent
• When a parent files a petition for sole custody due to abuse, alcohol and/or drugs
• Have there been any alterations in the parenting schedule?
• Any incidence of contempt of court due to interference with visitation or unpaid support

A custodial parent can serve a Notice of Intent to Move Away to the non custodial parent. In this notice, the reasons that can be stated for alteration of residence are listed below. The custodial parent states that he/she has intent to shift his/her residence to a location that is more than 100 miles away from his/her spouse's current residence.

• I am relocating to a location where the climate is conducive for my or my spouse's health
• I wish to reside nearer to my or my spouse's family
• My spouse has been newly employed and hence relocation is essential
• I have been newly employed and so have to relocate
• My spouse's employer has transferred her to a new location
• My employer has transferred me to a new location
• Any reason that is different from those stated above

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