Custody and Child Preferences

In the state of Tennessee, a 12-year-old child involved in a custody arrangement where parents split custody 50/50 has certain rights that are recognized by the courts. One of the key considerations is the child's right to have their preferences taken into account. While Tennessee law does not grant a child the absolute right to choose which parent they want to live with, the court may consider the child's preferences as one of many factors in determining the best interests of the child. This means that if a 12-year-old expresses a strong preference for living with one parent over the other, the court will weigh this preference, but it will not be the sole determinant.

The child also has the right to a stable and consistent environment, regardless of the custody arrangement. In cases of 50/50 custody, the court ensures that the child's schedule is balanced and that transitions between parents are smooth, minimizing disruption to the child's life. This includes maintaining regular routines, such as school attendance and extracurricular activities, and ensuring that the child's emotional and physical needs are met equally by both parents.

Communication is another right afforded to a child in a split custody situation. The child has the right to maintain open lines of communication with both parents, regardless of which parent they are currently staying with. This includes regular phone calls, video chats, or other forms of contact. These efforts ensure that the child continues to feel connected to both parents. Courts often encourage this ongoing communication to promote the child's well-being, safety, and emotional security.

Lastly, a 12-year-old in Tennessee has the right to be protected from parental conflict. Courts are vigilant in ensuring that parents do not involve their children in disputes or use them as a means to manipulate the other parent. The child's welfare and safety is the primary objective, and both parents are expected to foster a positive relationship between the child and the other parent. This could mean shielding the child from any conflict or negative behavior, which at times can be very tricky and can involve an array of people or situations who have the child's best interest. Negative interference or influence can also stem from other involved family members, or an envious and emotionally charged ex attempting to jeopardize new relationships of the ex spouse and their significant other, causing unnecessary drama or conflict. Subsequently, the consequences of these actions are in fact found to not be effective in shielding, nor are they in the best interest of the child. These are just a few examples of actions that can be detrimental to the emotional health of a child who must also be emotionally mature enough at 12 years old to make the best decision. It is very important that these factors are taken into consideration and fully investigated before courts have the final say.