Many parents ask this question during a custody dispute. The short answer is that Tennessee courts may consider a child’s wishes, but the child does not control the outcome. The judge still looks at what serves the child’s best interests. Under Tennessee law, age and maturity can shape how much weight a court gives that preference.
When Tennessee courts may listen to your child
Tennessee Code Annotated § 36-6-106 says a court must consider the reasonable preference of a child who is 12 years old or older. That does not mean the child gets the final say. The judge may still reject that choice if the facts point in another direction.
- Age: A child who is 12 or older can have their preference considered under Tennessee law.
- Maturity: A judge may look at how well your child understands the choice and the reasons behind it.
- Reasonableness: The court may ask whether the preference comes from real concerns or short-term frustration.
- Pressure: A judge may weigh whether one parent has influenced your child’s view.
- Stability: The court may compare each home, school routine and daily care before giving much weight to the preference.
A child under 12 may still speak up in some cases, but the court may give that view less weight. The child’s voice matters most when it fits the child’s needs and matches the larger picture. That larger picture still leads to the main custody decision.
What else the court considers
Your child’s preference matters, but it usually forms only one part of the custody analysis. Tennessee judges also look at the full parenting picture before making a decision. This includes:
- Each parent’s past caregiving role
- The child’s bond with each parent
- Each home’s stability and daily routine
- School, health and emotional needs
- Each parent’s ability to support a healthy relationship with the other parent
- Any sign of pressure, conflict or poor judgment that could affect the child
These factors help the court decide what arrangement may better support your child over time. A child’s wish can carry real weight, but it may not outweigh safety, stability or long-term care.
In Tennessee, a child who is 12 or older may have a reasonable preference considered by the court. Even so, the judge still decides custody based on the child’s best interests and the facts of the case.