Violence, Abuse and Neglect

• The primary causes for a parent to lose custody of a child is if the parent is convicted of domestic violence, physical abuse or neglect of anyone in the home where the child resides. Under Section 36-6-106(8) of the Tennessee Code, the court will carefully scrutinize any evidence of physical or emotional abuse to the child by the other parent. The court will also examine if the parent has a history of this type of behavior against any other person, even those outside of the family relationship.
  
  

Instability of the Home

• Tennessee courts understand that a stable home is an important element in helping a child develop. The court looks unfavorably on constant and frequent moves, as well as the behavior and actions of all individuals that co-reside in the home where the child stays, including live-in caretakers or individuals the custodial parent may be romantically involved with. This also extends to the safety of the residential neighborhood and the quality of the school district. Where the court finds an unhealthy environment or exposure to inappropriate influences, it will remove the child.
  
  

Performance as a Parent

• Raising a child requires an involved parent that participates in the child's school and after-school activities, and under Tennessee Code Section 36-6-106(10) the court will make an inquiry into the quality and intensity of the custodial parenting effort. A custodial parent who does not involve herself in her child's development and places her own personal life paramount will risk losing custody to a parent who is prepared to make those sacrifices.
  
  

Preference of the Child

• Under Tennessee Code Section 36-6-106(7)(B) the court will take into account the preferences of the child if aged 12 or greater. While the reasons expressed must be reasonable, the child's wishes, particularly if he indicates a lack of effort or interest by the custodial parent, can be a determining factor for custody.