i, the mom reside in alabama. my 13 year old daughter resides with father in tennessee. in two weeks final divorce hearing for he and i. after two years of seperation, she is adiment that she does not want father to have custody and wishes to reside with me. is the any laws pertaining to this issue
Divorce / Separation Lawyer
Yes, the Tennessee statutes on child custody allow the judge who is hearing the matter take a child's preference into accout when the child is 12 years old. More weight is given to an older child but the court can her your daughter's preference. Having an attorney represent you would definitely be beneficial.
The court will consider your child's preference at the age of 13. I would strongly suggest that you seek local counsel to assist you with your custody issue. Good luck.
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Medical Malpractice Attorney
Get a lawyer! I agree with the other answers. Just because your daughter is over 12 (the age when the judge can take her preference into consideration) does not mean that a judge will defer his judgment to your daughter. There are other factors, and a lawyer is your ticket to making sure that you have the best chance, at trial on this issue or on appeal. Hire a lawyer (I can't say this adamantly enough!!!)
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