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In the state of tennessee what age can a child choose which parent to live with

Maryville, TN |

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

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Attorney answers 3


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.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


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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