Legal Question in Family Law in Tennessee

Re: Father Custody

Depending upon the age of the children the courts tend to favor the mother over the father if the children are young. The court is not suppost to look at gender but unfortunally it does. The test is the best interest of the child and not the parent. The court will look to factors such as your involvment in the child's life, school etc. who has been the parent that has been with the child most of the time and provided for the child. Depending upon the age of the child, (12 years) or older the child can express a preference of which parent he or she wants to live with. The Court will also look to other factors concerning who will be around the child, (ie. people of the opposite sex) and look to the enviorment each parent is providing to make a custody determination.

Re: Father Custody

No, mothers do not automatically get custody in TN. I have handled several cases where the child ends up with the father, but under TN law, the courts no longer really even use the word "custody," instead simply addressing "parenting time" and "parenting responsibilities." There are certain things you can do to improve your chances. For more advice on WHAT to do, check my website at jesbeard.com and look for the link on Advice to Parents In Child Custody Cases.