Tennessee Best Interest Factors
Tennessee has developed a list of factors that is called the best interest factors which can be found under T.C.A 36-6-106. These factors are statutory guidelines that are used by a court when making a custody decision in a divorce or any other custody decision involving a child.
1. The strength, nature, and stability of the child's relationship with each parent, including whether one parent has performed the majority of parenting responsibilities that relate to the daily needs of the child;
2. Each parent's or caregiver's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, consistent with the best interest of the child. In determining the willingness of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, the court shall consider the likelihood of each parent and caregiver to honor and facilitate court ordered parenting arrangements and rights, and the court shall further consider any history of either parent or any caregiver denying parenting time to the either parent in violation of a court order;
3. The refusal to attend a court ordered parent education seminar may be considered by the court as a lack of good faith effort in these proceedings;
4. The disposition of each parent to provide the child with food, clothing, medical care, education, and other necessary care;
5. The degree to which a parent has been the primary caregiver, which is defined as the parent who has taken the greater responsibility for performing parental responsibilities;
6. The love, affection, and emotional ties that exist between each parent and the child;
7. The child's emotional needs and developmental level;
8. The moral, physical, mental, and emotional fitness of each parent as it relates to their ability to parent the child. The court may order an examination of a party under Rule 35 pursuant to the Tennessee Rules of Civil Procedure and if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party under TCA 33-3-105(3). The court order required by TCA 33-3-105(3) must contain a qualified protective order that limits the dissemination of confidential protected mental health information to the purpose of the litigation pending before the court and provides for the return or destruction
9. The child's interaction and interrelationships with siblings, other relatives and step-relatives, and mentors, as well as the child's involvement with the child's physical surroundings, school, or other significant activities;
10. The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;
11. Evidence of any physical or emotional abuse to the child, the other parent, or to any other person. The court shall, where it is appropriate, refer any issues to the juvenile court for further proceedings;
12. The character and behavior of any person who either resides in the home or is a frequent visitor to the parent's home and that person's interactions with the child;
13. If a child is over the age of 12, then the court may listen to the child's reasonable request. Upon request, the child can listen to a younger child's preference. Normally, the request of an older child should be given greater weight than that of a younger child. Now, many people misunderstand this factor. This does not mean the child can tell the court where he or she wants to live or how a visitation schedule will be arranged. Rather, this factor allows a child's wishes to be taken into consideration by the court;
14. Each parent's employment schedule. The court may make accommodations consistent with those schedules; and
15. Any other factors that are deemed to be relevant by the court.
1. The strength, nature, and stability of the child's relationship with each parent, including whether one parent has performed the majority of parenting responsibilities that relate to the daily needs of the child;
2. Each parent's or caregiver's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, consistent with the best interest of the child. In determining the willingness of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, the court shall consider the likelihood of each parent and caregiver to honor and facilitate court ordered parenting arrangements and rights, and the court shall further consider any history of either parent or any caregiver denying parenting time to the either parent in violation of a court order;
3. The refusal to attend a court ordered parent education seminar may be considered by the court as a lack of good faith effort in these proceedings;
4. The disposition of each parent to provide the child with food, clothing, medical care, education, and other necessary care;
5. The degree to which a parent has been the primary caregiver, which is defined as the parent who has taken the greater responsibility for performing parental responsibilities;
6. The love, affection, and emotional ties that exist between each parent and the child;
7. The child's emotional needs and developmental level;
8. The moral, physical, mental, and emotional fitness of each parent as it relates to their ability to parent the child. The court may order an examination of a party under Rule 35 pursuant to the Tennessee Rules of Civil Procedure and if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party under TCA 33-3-105(3). The court order required by TCA 33-3-105(3) must contain a qualified protective order that limits the dissemination of confidential protected mental health information to the purpose of the litigation pending before the court and provides for the return or destruction
9. The child's interaction and interrelationships with siblings, other relatives and step-relatives, and mentors, as well as the child's involvement with the child's physical surroundings, school, or other significant activities;
10. The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;
11. Evidence of any physical or emotional abuse to the child, the other parent, or to any other person. The court shall, where it is appropriate, refer any issues to the juvenile court for further proceedings;
12. The character and behavior of any person who either resides in the home or is a frequent visitor to the parent's home and that person's interactions with the child;
13. If a child is over the age of 12, then the court may listen to the child's reasonable request. Upon request, the child can listen to a younger child's preference. Normally, the request of an older child should be given greater weight than that of a younger child. Now, many people misunderstand this factor. This does not mean the child can tell the court where he or she wants to live or how a visitation schedule will be arranged. Rather, this factor allows a child's wishes to be taken into consideration by the court;
14. Each parent's employment schedule. The court may make accommodations consistent with those schedules; and
15. Any other factors that are deemed to be relevant by the court.
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