Legal Question in Family Law in Tennessee

Father concerned about custody of his children.

My wife and I have been on trial seperation for several months. When we agreed to seperate, I made it clear that for my wife to have custody of my children she would need to continue her counseling and medication for borderline personality disorder. This agreement was made in a marriage counseling session in front of a social worker. Since then I have found that she has not been going to her sessions. We have not officially filed for divorce at the time I have written this. But I feel that is what I want. I do not feel comfortable with her having custody of my children unless she continues to get the treatment that she needs. From what I have been told she is covered by the dissabilities act. Is there nothing I can do to push the matter.


Asked on 6/08/00, 6:21 pm

1 Answer from Attorneys
Didi Christie Didi Christie, Attorney at Law

Re: Father concerned about custody of his children.

The court's primary concern in determining who gets custody of the children is what is in the children's best interest, not what is in the best interest of the parents, even disabled parents. The law in Tennessee provides 10 factors the court considers in making an initial custody determination. Among those factors are the physical and mental health of the parents and their ability to provide a stable environment for the children.

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Answered on 7/29/00, 8:12 pm


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