How Does Domestic Violence or Abuse Impact Custody Decisions?

Tennessee courts make custody decisions based on what is in the child’s best interests. Suppose the parent has demonstrated continued support and stability concerning a child’s daily needs, educational interests, and medical care. In that case, this evidence will be weighed against any previous physical or emotional abuse.

If you or your former spouse have a history of domestic abuse, our custody and visitation lawyers can discuss how these factors may impact a court’s custody decision.

Physical versus Legal Custody

Child custody consists of physical and legal custody. Physical custody pertains to who the child will spend time with. In Tennessee, the most common arrangement is for one parent to be given primary placement, with both parents sharing joint custody. The parent given primary placement is referred to as the custodial parent. At the same time, the child may live with the other parent every other weekend, during vacation weeks, or whatever arrangement is agreed upon.

In contrast, legal custody concerns who makes the child’s educational, medical, and other important decisions. If both parents have historically made decisions regarding the child’s well-being, the court will typically award joint legal custody.

Tennessee Best Interests of the Child Standard

In determining what custody arrangements are best for a child, the court will consider the following factors under Tenn. Code §36-6-106:

The nature of the child’s relationship with each parent, considering which parent has primarily taken care of the child’s daily needs
History of each parent’s caretaking roles and the willingness of each parent to foster a continued parent-child bond
If either parent has refused to attend a parent education seminar
The emotional ties between the child and each parent
If either parent has been the child’s primary caregiver
Developmental needs of the child
The emotional, mental, and physical ability of each parent to tend to the child’s needs
The child’s relationship with siblings, stepsiblings, and other relatives
Continuity within the child’s life and the amount of time the child has lived in a stable environment
Evidence of physical or emotional abuse to the child, either parent or the child’s siblings
The character and behavior of each person the child interacts with at home
A child’s preference if he or she is 12 years of age or older
Each parent’s work schedule
Any other factors the court considers relevant

While a history of abuse may be a cause for concern, the court will examine the relevancy in determining if granting custody is in the child’s best interest. If the abuse took place a long time ago and if the accused parent has since shown a genuine change in character, that parent will not necessarily lose custody of his or her child.

By retaining the services of our family law attorneys, we can evaluate your situation to help you understand how a judge will likely rule. If our legal team is concerned that you may lose custody rights, we can help gather the necessary information to prove your parenting abilities. In most cases, a child is happiest and well-rounded when he or she has equal access to both parents, which we want to clarify in court.

Speak with Our Child Custody and Visitation Lawyers

At Burch & Stewart Attorneys, we understand that involvement in your child’s life and having a say in major life decisions are essential to feeling whole as a parent. If you fear that a prior history of abuse threatens your custody rights, do not hesitate to contact our family law attorneys. To schedule your free consultation or to learn more about our services, contact us online or by calling (931) 954-1066 today.