FAQ: In Tennsesee. What Is Legal Age A Child Can Make A Decision Of Which Parent They Want To Live With?

At what age can a child decide which parent to live with in Tennessee?

When can my child decide which parent to live with? Under Tennessee statute, the court shall consider the reasonable preference of the child over the age of 12. The court may choose to hear the preference of a child under the age of 12.

At what age can a child refuse visitation in Tennessee?

Although a child can never decide issues relating to custody or visitation, Tennessee law requires a court to consider the wishes of a child over the age of 12 when making visitation related decisions.

Can a 12 year old decide who they want to live with?

If the child is 12 or older, the judge may consider the wishes of the child. The judge may consider the wishes of the child as long as the judge determines that the child is “of sufficient age and capacity.”

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Can a 13 year old decide who they want to live with?

While no law permits the child to choose their custody status, most California courts believe 14 years of age is old enough to express themselves and the reasons why they prefer one parent over the other.

What makes a parent unfit in Tennessee?

The parent has engaged in willful abandonment that continues for an extended period of time. Physical or sexual abuse or a pattern of emotional abuse of the parent, child, or of another person in the home has occurred. The parent has been convicted of an adult sexual offense.

Can a child refuse to see a parent?

In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests. Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.

What is considered abandonment of a child in Tennessee?

What Constitutes Child Abandonment? For example, a parent who willfully fails to visit their child or make reasonable child support payments will sometimes be deemed to have legally abandoned their child. For the precise legal definition of abandonment under Tennessee law check out code section 36-1-102.

What makes a mother unfit legally?

A parent may be deemed unfit if they have been abusive, neglected, or failed to provide proper care for the child. A parent with a mental disturbance or addiction to drugs or alcohol may also be found to be an unfit parent. The best interest of the child is the determining factor.

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How can a mother lose custody?

Top 4 Reasons That Could Cause a Mother to Lose Child Custody

  1. Physical abuse of the child. If this type of abuse is reported to law enforcement or child protective services who then act, custody could be revoked.
  2. Physical abuse of the partner.
  3. Neglect.
  4. Violation of a court order.

What age can a child say who they want to live with?

Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the

Can a 10 year old decide which parent to live with?

In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.

What questions does a judge ask a child?

Here are some questions that a judge may ask during a child custody hearing:

  • What Is Your Financial Status?
  • What Type of Custody Arrangement Are You Seeking?
  • How Is Communication With the Other Parent?
  • Do You Have Any Existing Arrangements?

What age does a child have a say in court?

If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child’s wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.

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Can a 14 year old choose where they want to live?

There is no fixed age when a child can decide on where they should live in a parenting dispute. Instead their wishes are one of many factors a court will consider in reaching a decision. That time is not attached to any specific age, but is rather the product of maturity and a level of independence.

What age can a child make their own decision?

Legally, children can make their own decisions when they reach the age of majority, which is 18 years of age.

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