Legal Question in Family Law in Tennessee
Proper age for child custody
My son has wanted to live with me as long as I can remember. He will be 12 in February, and I have been told by several people that 12 is the age where he can make the decision where he wants to live, as long as I have a stable and fit living environment. Is this the case? If so, what (In Tennessee) do I need to do to make this happen? Or at least give him the chance to make the choice?
2 Answers from Attorneys
Re: Proper age for child custody
Yes, by statute a child at age 12 can express his desire to live with one parent, and the court must factor that into its decision. You need a petition for custody that you can file in your local court that awarded custody to your former spouse. I can draw up such a petition for you for $200, and then you can file it yourself.
See http://michaelguth.com/prose.htm
Re: Proper age for child custody
The preference of a child that is twelve years old or older is only one of the factors that are considered in a custody matter. Tennessee courts will not recognize the preference of a child under twelve. There are many other factors that are very important to consider. Just because he is twelve does not mean he can make the decision for himself.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
