Jodi Loden, PLLC

Mothers' Rights

Do Tennessee courts favor mothers over fathers in custody cases?
No. Tennessee law is gender-neutral. Custody decisions are based on the best interests of the child under TCA § 36-6-106, and neither parent begins with a legal advantage. Mothers benefit from building a strong, well-documented case rather than assuming a favorable outcome.

At what age can a child express a custody preference in Tennessee?
Under TCA § 36-6-106, Tennessee courts must consider the preference of a child who is at least 12 years old. A court has discretion to hear a younger child’s preference upon request, but isn’t required to do so. The child’s preference is one factor among many in the best-interests analysis.

What does it take to modify an existing custody order?
A parent must demonstrate a substantial and material change in circumstances since the original order was entered. Courts set this standard deliberately to protect stability for children. Common examples include a significant change in a parent’s living situation, work schedule, or the child’s needs.

The information on this page is general legal information about Tennessee family law and is not legal advice. To discuss the specific facts of your situation with a Knoxville custody attorney, contact Jodi Loden, PLLC at (865) 424-7225.


 

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