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Child Custody Preference Age in Tennessee

In Tennessee the court considers the reasonable preference of a child 12 or older, may hear a younger child's preference on request, and normally gives older children's preferences greater weight.

Last checked . General information, not legal advice.

Tennessee at a glance

Age named in statute
12 (preference considered)
A younger child's preference may be heard on request.
How the preference is weighed
One factor; older children get more weight
Preference can be decisive
No, one factor among many

Sources

Last checked

The rules in Tennessee

At what age does a child's custody preference count in Tennessee?

Age named in statute in Tennessee: 12 (preference considered). A younger child's preference may be heard on request.

How do courts in Tennessee weigh a child's custody preference?

How the preference is weighed in Tennessee: One factor; older children get more weight.

Can a child's preference decide custody in Tennessee?

No, one factor among many. Preference can be decisive in Tennessee: no, one factor among many.

Where do the Tennessee child custody preference laws come from?

The rules above come from Tenn. Code Ann. 36-6-106(a)(13). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.

Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.

Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.