Preferences of children in child custody cases

Question:
R.R. asks "Will the Court consider the preferences of my child when making a child custody decision?"

Answer:
The answer to your question depends on the age of your child. In Tennessee, when making an initial child custody determination between two parents, courts must consider the preferences of a child who is twelve years old or older. See Tenn. Code Ann. § 36-6-106(7)(A). Courts may hear the preference of a child under twelve years of age, but they are not required to do so. See Tenn. Code Ann. § 36-6-106(7)(B). In any event, the preference of a child is just one of many factors that courts considers when making a child custody decision. The statory list of factors that courts consider when making child custody determinations can be found at Tenn. Code Ann. § 36-6-106.