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In Tennessee, the child must be at least 12 years old. That would be the legal age at which the child could express a preference of a parent to live with over the other. Children should never be pressured to take sides or choose the more loved (or permissive) parent instead of the other parent (or disciplinarian).
Is Tennessee a mother or father state? Neither. Some fathers' rights activists may say it is a mother state because Tennessee does not have an equal parenting time presumption.
In Tennessee, the term primary residential parent, or PRP, means the parent with whom the child resides more than 50% of the time. For other legal reasons, a primary residential parent must be declared even when parents share exactly equal time with their child.
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
When can my child decide which parent to live with? Under Tennessee statute, the court shall consider the reasonable preference of the child over the age of 12. The court may choose to hear the preference of a child under the age of 12.
We are often contacted by parents asking at what age children can decide for themselves where they will live after a divorce or separation. There are lots of articles on the internet about this, and a good number suggest that at a certain age e.g. 10, 12 or 16, a child can make their own decision. This is not the case.
Fathers who are not married to their child's mother at the time of birth do not automatically have any rights to custody or visitation. A father must assert his rights in order to have a legal role in his child's life.
In Tennessee, the child must be at least 12 years old. That would be the legal age at which the child could express a preference of a parent to live with over the other.
If parents are unmarried at the time of their child's birth, the mother is presumed to have custody. Legal parents have the right to have a relationship with their child and to visit their child. Once a father acknowledges paternity, he gains these rights.
Tennessee parents' Bill of RightsAccess to uncensored mail. Right to receive health information as soon as possible, and within 24 hours for a hospitalization, severe illness or death of the child. Right to receive copies of the child's school records. Right to receive copies of the child's medical records.