In the past, courts have favored placing children with the mother because of the notion that mothers are more nurturing than fathers, especially for young children.
However, this law has changed in recent years.
Tennessee law now specifically states that judges shall not favor one gender over the other for placement of a child that is subject to a divorce or custody case. See T.C.A. § 36-6-101(d). The state legislature and courts have come to recognize the importance of having both a mother and a father raise a child and the impact each has on the child’s life. Today, the courts look at the comparative fitness of each parent. In determining where the child should be placed, the court considers fifteen different factors.
Among these factors are:
- The stability of the environment where the child would be raised
- The amount of time one parent has been the primary caregiver for the child
- The ability of each parent to promote a strong bond between the other parent and the child
We understand that fathers who have devoted as much time, energy, and love as the mother into raising their child can often feel they are entering a divorce or custody battle at a disadvantage because of their gender. Rest assured that the divorce lawyers and child custody attorneys at Batson Nolan will assert your rights as an equal party in any legal action you face as a parent. Contact us at our Clarksville , TN or Springfield , TN office today!