How Does a Judge Decide Who Gets Custody?

Child Custody is one of the most emotionally fraught family law concerns, and if you’re facing a child custody case, it can leave you feeling extremely anxious. It’s important to keep in mind, however, that judges do not base child custody decisions on whims or on their own preferences. Instead, these determinations are based on the children’s best interests, and there are steps you can take to protect your rights as a parent. One of the most important is consulting with our experienced Murfreesboro child custody attorney at The Law Office of David L. Scott.

Your Child Custody Case

If your child custody case relates to a divorce, it will be heard at the Rutherford County Circuit Court or the Rutherford County Chancery Court, which are housed in the same building. If your case is outside of marriage and divorce, however, it will be heard at the Rutherford County Juvenile Court.

How Tennessee Courts Approach Physical Custody in Murfreesboro

Tennessee courts work toward a parenting arrangement that serves the best interests of the children involved. While equal parenting time is a goal courts may consider, the unique circumstances of each family ultimately guide the outcome. The factors Tennessee courts take into consideration include all the following:

• The depth of the relationship each parent has forged with the children
• Each parent’s ability and inclination to fulfill their responsibilities to the children
• Each child’s physical, emotional, and educational needs, including any special needs
• The degree to which each parent has been involved in raising the children to date
• Each parent’s age and overall mental and physical health
• Any domestic violence, child abuse, or neglect that factors into the case
• The preferences of those children who are mature enough to voice them, which generally means being at least 12 years old
• Each parent’s commitment to effective co-parenting and to supporting the other parent’s close and ongoing relationship with the children
• The stability of the home that each parent can offer the children

Ultimately, child custody decisions are made on a case-by-case basis.

Child Support and Child Custody in TN

Recent legislation in Tennessee requires courts throughout the state to take a parent’s failure to pay child support into consideration when making child custody decisions. Prior to this 2025 bill, failure to pay child support was only a relevant factor if a parent failed to pay child support for three years or more.

Our Experienced Murfreesboro, TN, Child Custody Lawyer Is on Your Side

David Scott is our trusted Murfreesboro, TN, child custody attorney at The Law Office of David L. Scott, and he is committed to fiercely advocating for your rights as a parent, in pursuit of favorable child custody terms that work well for your family. We are on your side and here to help, so please don’t delay contacting us online or giving our firm a call at 615-896-7656 today.