Parents fighting for custody want what’s best for their children, but the court will have the final say in their parenting plan. Although the factors that affect the court’s opinion can vary greatly from case to case, certain elements are universal when a judge considers a custody ruling. Things like income, the relationship between parents and kids, or even the stability of the home can greatly impact the judge’s final decision. With the help of a Tennessee child custody attorney, you can make the case that’s best for you and your family. Contact Haines Law today.
What Factors Affect a Tennessee Court’s Custody Decisions?
Tennessee courts follow Tennessee Code Annotated Section 36-6-106, which lists the factors a court must consider when determining which custody arrangement serves a child’s best interests. These factors apply to minor children, but in some circumstances, the court may weigh different factors higher than others.
In a custody case, the court evaluates:
- The history between the child, their parents, and the family
- The willingness of parents to share responsibilities
- The ability parents have to be parents for their children
- The safety parents can provide for their kids in a home environment
- The practicality of either parent owning scheduling and logistics
The court must consider these as a whole, but some factors may outweigh others. For instance, if your ex has a history of domestic violence, while you might have a small work schedule conflict on one day of the shared plan, the court is likely to give you a bigger share of custody because your ex’s violent history does not provide a safe environment, which is detrimental to your child’s growth and development.
How Do Courts Gauge Each Parent’s Fitness in Custody Cases?
When courts are deciding where a child should spend most of their time and whether a parent can be the primary residential parent, they must conduct a thorough and precise evaluation, often using a neutral third party to review the family situations of both parents before making a recommendation to the court. Some cases will necessitate the use of a Guardian ad Litem, a court-appointed attorney who is licensed to represent a child’s best interests in a custody case.
This evaluator will check in with parents, any children involved, and others involved in the child’s life. That could be their teachers, coaches, doctors, or even extra-curricular advisors. This evaluation could also include an observation session between the parent and the child.
Guardian ad Litem vs. Custody Evaluator: What’s the Difference?
Parents often use these terms interchangeably, but they serve different roles. A Guardian ad Litem is an attorney appointed to represent the child’s interests directly in the case. They may interview family members, review records, and make recommendations to the judge, and in some situations they can also question witnesses at a hearing.
A custody evaluator, sometimes called a parenting coordinator depending on the stage of the case, is typically a licensed mental health professional. Their role is to assess the family dynamic, not to advocate for a position, and to produce a report analyzing each parent’s fitness and the child’s needs.
A GAL isn’t appointed automatically in every case. Courts typically appoint one when there are allegations of abuse or neglect, when the case is especially contentious, or when a judge decides the child needs an independent voice separate from either parent’s attorney. Either parent can also request one.
Who Pays for a Custody Evaluation?
Cost is one of the first questions parents ask once an evaluation is ordered. In most cases, the court decides how the cost is divided between the parents, and this can depend on each parent’s income and the complexity of the case. Some courts also allow a party who can’t afford the cost to petition for the fee to be waived or reduced. Talk to your attorney early about who is likely to bear this cost so it doesn’t come as a surprise partway through the process.
What Happens During a Home Visit?
A home visit is often one of the more nerve-wracking parts of the process, but it’s a routine step. The evaluator is generally looking at whether the home is safe and appropriately set up for the child, including sleeping arrangements, general cleanliness, and whether the space reflects genuine day-to-day involvement in the child’s life rather than something staged for the visit.
Interviews are also handled differently depending on the child’s age. Younger children are often interviewed through play-based methods, where the evaluator observes how the child interacts and asks questions indirectly. Teenagers are more frequently interviewed directly, since they can typically articulate their preferences and experiences more clearly.
Mistakes That Can Hurt You During an Evaluation
Some missteps can undo weeks of preparation. Parents should avoid:
- Speaking negatively about the other parent in front of the evaluator or the child
- Failing to follow the temporary parenting schedule while the case is pending
- Coaching a child on what to say, which evaluators are trained to recognize and which can seriously damage your credibility
Staying consistent, calm, and focused on your child’s needs throughout the process is the best way to protect your position.
What Happens After the Evaluation Is Complete?
Once the evaluator or GAL submits their report, the judge reviews it alongside all other evidence in the case. The court is not required to follow the evaluator’s recommendation, but it typically carries significant weight, especially when the evaluator’s findings are well-documented and consistent with other evidence in the case.
If you disagree with the recommendation, you and your attorney can challenge specific findings, cross-examine the evaluator, or in some cases retain your own expert to provide a competing analysis. This isn’t unusual, and a skilled attorney can help you identify whether the report has gaps or conclusions that don’t hold up under scrutiny.
How Do I Prepare for a Custody Evaluation?
It’s understandable to be nervous when you’re being evaluated. It might feel like there’s a lot of pressure to be the perfect example of a parent, but it’s critical that you stay relaxed and focus on what’s best for your child.
- Give Honest Answers: Provide truthful and open responses to the evaluator’s questions. Being manipulative or trying to obscure the truth could backfire and cause more harm.
- Cooperate Fully: Work with the evaluator to explain your child’s living situation, how you approach their needs, and show that you care about their well-being.
Remember that this evaluation is not meant to show your shortcomings as a parent. Treat it as an opportunity to work with the court to demonstrate that you care about your child and want what’s best for them.
How Do I Demonstrate My Fitness as a Parent?
The court will receive insight from the third-party evaluator’s report, but you and your attorney should still be prepared to share evidence beyond your participation in the evaluator’s interview. Evidence can vary, but you can share your:
- Parenting Plans
- Witness Testimony
- Medical Records
- Educational History
These items are all tools that show you’re involved in your child’s life, and that you have considered what it takes to raise them comfortably. Talk to your attorney about how to document these items. They can help you collect any relevant materials.
FAQs about Custody Evaluations in Tennessee
How Long Does a Custody Evaluation Take?
Timelines vary depending on the court’s schedule and the complexity of the family situation, but most evaluations take a few months from appointment to final report. Cases involving multiple children, allegations of abuse, or scheduling delays with witnesses can extend that timeline further.
Who Pays for a Custody Evaluation?
The court typically decides how the cost is divided between the parents based on income and the specifics of the case. If cost is a concern, talk to your attorney about whether a fee waiver or reduction may be available.
Can I Request a Different Evaluator If I Don’t Trust the Assigned One?
You can raise concerns with the court, but you’ll generally need a specific, documented reason, such as a conflict of interest or evidence of bias, rather than general dissatisfaction. Your attorney can advise you on whether a request to change evaluators is likely to succeed in your case.
What if I Disagree with the Evaluator’s Recommendation?
You’re not without options. You and your attorney can challenge specific parts of the report, cross-examine the evaluator during a hearing, or retain your own expert to offer a competing assessment. Judges do give evaluator recommendations significant weight, so disagreements are best handled with a clear, evidence-based strategy rather than an emotional response.
Can a Child Choose Which Parent to Live With in Tennessee?
Children cannot make final custody decisions, but the court may consider their preferences. The court is required to consider the reasonable preference of a child who is 12 or older. A judge may consider a younger child’s preference upon request, but is not required to do so.
Tennessee judges rarely permit children to testify in front of their parents. Instead, a judge may conduct a private conversation in the judge’s chambers with a court reporter present, or ask a court-appointed guardian ad litem to assess the child’s wishes and best interests.
Get Help from a Knoxville Custody Lawyer Today
Attorney John Haines and his team of family law attorneys understands how stressful a custody battle is. When you’re fighting to stay in your child’s life, we are here to help you prepare for every aspect that the court may ask about. John Haines has helped parents with their custody situations, and he knows what local courts are looking for. He’s ready to hear your story, and you can schedule your consultation.
