Video Summary:

In Tennessee child custody cases, a child’s preference may be considered, but it does not determine the final decision. If a child is 12 years or older, either parent can request that the court hear the child’s preference during custody litigation. However, the judge is not required to follow the child’s wishes—the decision is always based on the child’s best interests. For children under 12, the court has no obligation to hear their input. During custody negotiations, wise parents will consider their child’s wishes, particularly for older teenagers who are developing independence. However, children should not have full control over custody decisions, as parental guidance remains essential in structuring a stable parenting plan.

Video Transcript:

Under certain circumstances, if a child is 12 years or older, and the parents are in litigation over custody, either parent can file a motion requesting the court to hear the child’s preference. The court is required to listen to the child’s wishes and ask them to explain their reasoning, but the judge is not obligated to follow the child’s request. Ultimately, the court determines custody based on the child’s best interests, not simply their preference.

For children under 12, the court is not required to hear their input, though a judge may choose to do so in some cases.

When parents are negotiating a custody agreement, they should consider their child’s wishes, especially if the child is a teenager with social and academic commitments. A 16 or 17-year-old may have strong opinions about where they want to live, and parents should respect their input to a reasonable extent. However, children should never have full control over custody arrangements, as parents must make decisions that ensure stability, structure, and the child’s overall well-being.