Legal Question in Family Law in Tennessee

Custody Based on Child's Wishes

I currenty live in Arkansas and my child's mother lives in Tennessee. We were originally divorced in Arkansas but since the child lives in Tennessee and I have been taken back to court several times by the custodial mother Tennessee now has jurisdiction. My child is a 12 year old female who wishes to live with my current wife and myself. Her mother knows of these wishes but refused to relinquish custody. My question is two fold. One: If I were to take my ex-wife back to court would I have to file in Tennessee or in Arkansas? And two: is there a specfic age (in either state) where the child's wishes are considered to be binding and if so at what age. If the age is never binding is there a specfic age where the judge will more times than not abide by the child's wishes and change the custody? Thanks you for any help you can provide.

Asked on 6/30/03, 12:07 pm

1 Answer from Attorneys

Herb Southern The Southern Law Firm
0 users found helpful
0 attorneys agreed

Re: Custody Based on Child's Wishes

It depends. Unless she has taken you back to court in TN and noone objected and thus TN now has jurisdiction, then I think it is still in AR. Just depends.

As to age, "there ain't none!" The Court will generally listen to a child, but the final decision rests on the best interests of the child. The child's opinion is never binding on the Court for obvious reasons.

Read more
6/30/03, 1:09 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Tennessee

Looking for something else?

Get Free Legal Advice

88283 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Michael E. HendricksonAttorney & Counsellor at LawAlexandria,
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now