Video Summary:

In Tennessee child custody cases, there is no longer a legal presumption favoring mothers over fathers. Historically, the Tender Years Doctrine assumed that young children should automatically be placed with their mothers, but this is no longer the case. Current custody laws are gender-neutral, meaning courts evaluate each parent’s ability to care for the child rather than relying on outdated assumptions. While very young children may initially require more time with their primary caregiver, fathers can still secure meaningful parenting time. The focus remains on what is in the child's best interest, rather than any gender-based preference.

Video Transcript:

Custody decisions should not and, in my experience, no longer do favor one parent based on gender.

When I first started practicing law, there was a presumption called the Tender Years Doctrine, which assumed that young children should be placed with their mother. However, over the years, this has changed, and under current Tennessee custody laws, there is no presumption favoring one parent over the other based on gender.

That said, in cases where a child is extremely young, such as in divorces occurring shortly after birth, fathers must understand that 50/50 parenting time may not be immediately practical. In such situations, parenting schedules may initially be adjusted to meet the child's developmental needs, but this does not mean fathers are excluded from meaningful time with their child.

Ultimately, Tennessee courts base custody decisions on the child’s best interest, and gender is not a determining factor in the process.