Do Children Have a Say in Custody Decisions?
Can a Child Choose Which Parent to Live With?
One common question in custody cases is whether a child gets to choose which parent they live with. As Dan Taylor explains, Tennessee law allows children 12 years or older to have a say—but the final decision is up to the court.
If parents are in litigation, either parent can request that the judge speak with the child to hear their preference. However, while the judge must listen, they are not required to follow the child’s wishes. The court will always base its decision on what is in the best interest of the child, considering factors such as stability, parental involvement, and overall well-being.
For children under 12, the court does not have to consider their input, though judges may choose to do so in certain cases. Outside of court, parents who are negotiating a custody agreement should consider their child’s wishes—especially as children get older and become more independent. A 16 or 17-year-old, for example, may have strong social and educational ties that should be taken into account.
However, while a child’s opinion is important, it should not dictate custody arrangements. Parents must ultimately make decisions that prioritize their child’s long-term stability and well-being.
At Hamer & Taylor, we guide families through custody negotiations and litigation, ensuring that children’s voices are heard while protecting their best interests.
