Memphis, TN family law attorney Daniel Loyd Taylor talks about how the court determines child custody in a divorce case. The central issue regarding custody is what is in the best interest of the child or children. It is not determined by the desires of the mother, the father, or even the child, although the child’s preferences may be taken into account. Ultimately, it is up to the court to decide what is in the best interest of the child.

This determination involves assessing consistency and considering which parent has been more involved prior to the divorce process. Important factors include who has been the primary caretaker and nurturer. The court examines the history of the marriage to identify what will best serve the child’s interests moving forward, particularly when the child will have parents living in different homes.

Additional considerations encompass the work schedules of the parents, their education, and the ability of one parent to encourage a healthy relationship between the child and the other parent. Fostering that relationship is a key factor in custody considerations.

There is a common misconception that once a child turns 12, the child can decide where to live. This is not entirely accurate; the situation is more complex. If a child is 12 or older, a parent can request that the court listen to the child, and the court is obligated to do so. However, the court is not required to follow the child’s wishes. For children under 12, although a parent can ask the court to speak with the child, the court is not obligated to do so.