What Factors Can a Judge Use to Decide Child Custody in Tennessee?

Custody of a minor child can become an issue during a divorce proceeding, a paternity proceeding, or any time thereafter in the State of Tennessee. Ideally, the parents of a minor child are able to reach an amicable agreement with regard to custody of the child and reflect that agreement in the required “Parenting Plan” submitted to the court. Sometimes, however, the parents of a minor child are unable to agree on the issue of child custody. When that is the case, a court must ultimately decide the issue of child custody, ultimately deciding with whom the child will live the majority of the time. In the State of Tennessee, Tennessee Code Annotated Section 36-6-106 governs child custody, setting forth the factors that a judge may use when deciding the custody of a minor child. Those factors include: (1) The love, affection and emotional ties existing between the parents or caregivers and the child;(2) The disposition of the parents or caregivers to provide the child with food, clot


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