What Are the Key Factors Courts Consider in Child Custody Cases?
June 4, 2025
Child custody disputes are among the most emotionally charged legal battles parents can face. At the heart of every custody decision is the child's best interest, a standard that guides judges in evaluating various aspects of each parent's ability to provide a stable, nurturing environment.
State laws outline specific factors that courts must consider, including the strength of the child's relationship with each parent, each parent's role in caregiving, and the capacity to meet the child's emotional and developmental needs.
These factors are crucial for parents seeking custody, as they form the foundation upon which custody arrangements are built. I’m Attorney Steven C. Frazier, an experienced child custody lawyer in Kingsport, Tennessee, who can provide invaluable guidance through this process so that your case is presented effectively and your child's welfare is protected.
The Child's Relationship With Each Parent
Courts assess the strength, nature, and stability of the child's relationship with each parent. This includes evaluating which parent has been the primary caregiver and the quality of emotional bonds. Tennessee judges prefer continuity in caregiving and look favorably on parents who have demonstrated consistent and nurturing involvement in their child’s daily life.
A knowledgeable child custody lawyer can help parents document the strength of their relationship with their child. This often includes collecting school records, medical records, and testimony from teachers or counselors to reinforce a parent’s positive role in their child’s life.
Each Parent's Ability to Provide for the Child's Needs
The court examines each parent's capacity to provide food, clothing, medical care, education, and other essential needs. While financial stability is important, emotional availability and active engagement in the child’s upbringing carry significant weight as well.
Working with a child custody lawyer is especially helpful here, as they can prepare financial affidavits, parenting plans, and supporting documentation to prove a parent's capability to provide for their child's ongoing needs. The goal is to show a well-rounded support system, not just financial provision.
Willingness to Foster a Relationship With the Other Parent
Courts value a parent's willingness to foster a strong relationship between the child and the other parent. Judges want to see cooperation, communication, and a spirit of co-parenting.
An experienced child custody lawyer can help clients express their intentions clearly in court and within the parenting plan. If there’s a history of conflict, legal representation can help mitigate concerns by outlining proposed conflict-resolution strategies or suggesting co-parenting classes.
The Child's Emotional and Developmental Needs
A key consideration is how each parent supports the emotional and developmental growth of the child. This includes involvement in education, extracurricular activities, and maintaining emotional consistency in the home.
An attorney knowledgeable in child custody law can assist in demonstrating how a parent actively participates in the child’s school meetings, counseling sessions, or sports and hobbies. Highlighting these factors helps show the court a parent’s dedication to nurturing the child’s development.
Stability of the Home Environment
Judges want to place children in stable, secure, and healthy environments. A stable home includes not only physical surroundings but also emotional steadiness and predictability in routines. Courts evaluate whether a parent can provide a consistent day-to-day life that promotes the child’s sense of safety and well-being.
To demonstrate home stability, parents should be prepared to showcase elements such as:
A clean, safe, and child-friendly living space
Consistent daily routines (mealtimes, bedtime, school schedules)
Long-term housing (avoiding frequent moves)
Supportive household members (other adults or extended family)
A history free from substance abuse or criminal activity in the home
A child custody lawyer can help a parent present photographs of the home, explain daily schedules, and introduce witnesses to testify to the household’s orderliness and safety. This aspect can be especially crucial if one parent has moved frequently or experienced household instability.
Mental and Physical Health of the Parents
The court evaluates the mental and physical health of each parent to determine if there are any conditions that could impair parenting ability. That said, a diagnosis alone doesn't disqualify a parent—what matters is the extent to which it affects caregiving.
A good lawyer will help frame these issues appropriately. If a parent is managing a health condition responsibly, they can present documentation from medical professionals or therapists showing fitness to parent safely and effectively.
The Child's Preference
If a child is 12 years or older, Tennessee courts may consider the child’s reasonable preference. However, the court will also evaluate the reasoning behind that preference and the maturity of the child. A strong lawyer can help a child find their voice, so that it may be heard in a legally appropriate manner, often through a guardian ad litem or in-camera interviews with the judge.
Parents should never coach or pressure a child regarding this preference, as it can hurt their case. Instead, they should focus on creating a supportive environment that allows the child to express themselves honestly and without fear.
The court’s goal is to align the child’s wishes and their best interests, not merely to choose between parents. An experienced child custody lawyer can provide essential guidance in traversing this sensitive aspect of the custody process.
Evidence of Abuse or Neglect
Any credible evidence of abuse, neglect, or domestic violence carries substantial weight in custody determinations. Tennessee law prioritizes the child's safety above all. In fact, according to the Tennessee Commission on Children and Youth, in Fiscal Years 2023 and 2024, one in four substantiated cases of abuse involved allegations of drug-exposed children.
To demonstrate concerns about abuse or neglect, parents should be prepared to present:
Police reports or protective orders
Medical records indicating injuries or neglect
Testimonies from teachers, counselors, or other professionals
Photographs or other documentation of unsafe living conditions
By hiring a strong lawyer, you can rest assured that they’ll help you gather and present your evidence to protect the child's interests effectively.
Parental Work Schedules
A parent’s availability and flexibility can affect custody arrangements. The court looks at whether the parent’s work schedule allows them to care for the child on a consistent basis.
Parents with demanding jobs may worry this will harm their case, but with a child custody lawyer’s help, they can present alternatives such as family support, flexible work hours, or remote work options to demonstrate readiness and availability.
Additional Relevant Factors
Judges may consider other relevant factors, such as character of people in the home, history of criminal behavior, or proximity to school and extended family. These situational details are often where cases are won or lost.
A well-versed family lawyer brings critical experience in identifying which extra factors can strengthen a case. Their knowledge helps in uncovering details that otherwise may have been overlooked, and every positive aspect of a parent’s life is emphasized in court filings and hearings.
Put Your Case in My Care
When facing a child custody dispute, understanding the key factors courts consider is essential. Working with a knowledgeable child custody lawyer can make a significant difference in presenting your case effectively.
If you're seeking professional guidance, reach out to my office, Steven C. Frazier, Attorney at Law, to protect your rights and advocate for your child. I assist parents in Kingsport, Church Hill, Johnson City, Bristol, and other communities across Northern Tennessee. Call today.