Understanding Tennessee’s Revised Best Interest Factors in Child Custody Cases

In 2021, Tennessee updated its best interest factors for child custody cases, shifting the focus to a more child-centered approach. Codified in Tenn. Code Ann. § 36-6-106, these revisions emphasize evaluating the child’s needs, safety, and well-being. The Courts have since mandated that the new best interest factors should be used rather than the previous shorter best interest factors. In re Justin N., 2023 Tenn. App. LEXIS 495.

Why Were the Best Interest Factors Revised?

The updates ensure custody decisions prioritize the child’s emotional, physical, and developmental needs. Previously, courts often focused on parental fitness without fully considering the child’s perspective. The revisions address this by adopting a more comprehensive, child-centered framework.

The Sixteen Best Interest Factors

Tennessee courts now consider sixteen factors to determine the best custody arrangement. Below are the key highlights:

• Parent-Child Bond: The court evaluates the strength and stability of each parent’s relationship with the child.
• Parenting Responsibilities: Past caregiving and the ability to meet the child’s future needs are considered.
• Emotional and Developmental Needs: Ensuring the child’s emotional well-being and developmental growth is a priority.
• Continuity in the Child’s Life: Stability in the child’s home, school, and community is emphasized.
• Co-Parenting Encouragement: Courts favor parents who foster a healthy relationship with the other parent.
• Child’s Preferences: For children aged 12 and older, preferences are considered. Younger children’s views may also be evaluated depending upon the maturity of the child.
• Relationships with Others: Maintaining relationships with siblings and extended family is significant.
• Abuse or Neglect: Evidence of abuse or neglect weighs heavily in custody decisions.
• Parental Fitness: The physical, mental, and moral fitness of each parent is assessed.
• Employment Schedules: Work commitments must align with parenting responsibilities.
• Household Stability: A safe and stable home environment is critical.
• Education and Development: Courts favor parents who support the child’s education and extracurricular growth.
• Financial Responsibility: Each parent’s ability to meet the child’s financial needs is considered.
• Child’s Safety: Protecting the child from harm is paramount.
• Parent Education Compliance: Failure to complete required parenting programs reflects poorly on a parent.
• Other Relevant Factors: Judges may consider additional circumstances affecting the child’s best interests.

Applying the Factors to Your Case

The Tennessee Court of Appeals has stated the trial court must analyze all the best interest factors; however, the courts have also said one singular factor may be the most important factor to consider.  For example, if abuse exists in the home, this factor alone may weigh in favor of finding that the abusive parent should only have supervised visitation.  The court’s goal is to craft a parenting plan that serves the child’s best interests. As a parent, you can strengthen your case by:

• Demonstrating Stability: Provide a consistent, supportive environment for your child.
• Documenting Involvement: Record your participation in the child’s life, including school, health care, and extracurricular activities.
• Encouraging Co-Parenting: Show a willingness to work cooperatively with the other parent.
• Addressing Challenges: Take steps to overcome any barriers affecting your ability to parent effectively.

When trying a case, remember that you must present all the best interest factors considering the judge must go through each one.  Even if it does not support your side, you should address it.  Otherwise, the judge may feel that you are waiving it and instead use your opponent’s arguments against you.

Conclusion

Tennessee’s best interest factors prioritize the child’s perspective, ensuring custody decisions reflect their needs and well-being. Understanding these factors can help you navigate your case effectively.

For assistance with a custody case, contact Grimmett Law Firm, PLLC at (615) 933-8000 or visit us at 3326 Aspen Grove Drive, Suite 310, Franklin, TN. As of the date of this writing, David Grimmett is the only attorney in Williamson County who is board certified in child welfare law.