How Courts Evaluate the Best Interests of the Child in Custody Disputes
Oct. 21, 2025
Child custody disputes are some of the most difficult experiences families ever face. Parents entering these cases are often overwhelmed, worried, and fearful of how a judge’s decision will affect their children’s lives. The process can feel uncertain, and emotions usually run high when both parents want what they believe is best.
At McCarter | East PLLC, with an office located just a few blocks from the courthouse in Murfreesboro, Tennessee, and another in Woodbury, we recognize how much is at stake in these disputes. Families across Rutherford County and surrounding areas turn to us for guidance in child custody and family law cases because of the careful attention we give to each child’s needs.
We’re committed to helping parents understand how courts apply the “best interests of the child” standard and how those decisions impact families. Reach out to us today if you need help protecting your child’s best interests.
What Does “Best Interests of the Child” Mean?
When judges decide custody cases, their priority isn’t pleasing either parent. Instead, the court’s guiding principle is the best interests of the child. This legal standard directs the judge to make custody arrangements that promote the child’s safety, happiness, stability, and development.
The term can sound broad, but courts typically evaluate a detailed set of factors to arrive at a decision. While no two families are the same, the guiding idea is to provide the child with an environment that’s as nurturing and supportive as possible. In Tennessee, as in many other states, judges have discretion to weigh these factors based on the evidence presented in court.
Factors Courts Commonly Consider
To determine what serves the child’s best interests, judges assess several key considerations. Each of these factors helps build a picture of the child’s life and what arrangement will support their overall well-being. Some of the most common factors include:
Emotional ties: The strength of the child’s bond with each parent.
Parental involvement: Each parent’s history of participation in the child’s schooling, healthcare, and extracurricular activities.
Stability of the home: The ability of each parent to provide a safe, consistent, and stable living environment.
Physical and mental health: Any health concerns that might affect a parent’s ability to care for the child.
History of abuse or neglect: Evidence of physical, emotional, or substance-related issues that may endanger the child.
Willingness to co-parent: The extent to which each parent supports the child’s relationship with the other parent.
Judges weigh these factors as part of a holistic assessment. No single factor controls the outcome, but the presence of abuse or neglect, for example, may heavily influence the judge’s final decision.
The Child’s Voice in Custody Cases
While custody decisions ultimately rest with the judge, courts often consider the child’s own wishes — especially as they grow older. In Tennessee, a child who is 12 years or older may have their preferences taken into account, although the judge decides how much weight to give them.
This doesn’t mean children are forced to choose between parents. Instead, their input is part of the broader picture of what will help them thrive. Judges are mindful that children may feel pressure or influence from parents, so they carefully evaluate how genuine those preferences appear.
In many cases, hearing a child’s perspective can help a judge better understand the family dynamics and what arrangement may offer the greatest stability.
Why Stability Matters
One of the most important themes in custody disputes is stability. Courts want children to have consistent routines, reliable caregivers, and a secure sense of home. Frequent disruptions, constant relocations, or significant lifestyle changes can be harmful to a child’s emotional and academic development. When judges evaluate stability, they look at factors such as:
Length of time in current home: How long the child has lived in their present environment.
Continuity of schooling: Whether custody arrangements will disrupt the child’s education.
Community ties: Connections to friends, extended family, religious groups, or local activities.
Consistency of caregiving: Whether one parent has historically been the primary caregiver.
Ultimately, stability provides children with a sense of safety during a time that’s already emotionally difficult. Courts strive to minimize disruptions while creating an arrangement that supports the child’s growth.
How Parental Conduct Influences Decisions
Courts also evaluate the conduct of each parent when determining custody. Judges aren’t just looking at who’s the “better parent” in a general sense — they want to know which environment will protect the child’s well-being. Key behaviors courts evaluate include:
Support for the child’s education: Helping with schoolwork, attending parent-teacher conferences, and promoting academic success.
Encouragement of healthy habits: Providing proper nutrition, medical care, and emotional support.
Cooperation with the other parent: Demonstrating a willingness to communicate and co-parent respectfully.
Avoidance of harmful behavior: Steering clear of actions such as substance abuse, neglect, or exposing the child to dangerous environments.
Judges often reward parents who show maturity, responsibility, and a focus on the child’s needs rather than their own conflicts.
Custody Arrangements Judges May Order
Every custody case is unique, and courts can order a range of custody arrangements depending on the child’s needs. Common arrangements include:
Joint custody: Both parents share decision-making authority and time with the child.
Primary residential parent with visitation: One parent is designated as the primary caregiver while the other receives scheduled visitation.
Sole custody: In rare cases, one parent is granted full custody if the other is deemed unfit.
In family law cases, judges carefully weigh the available evidence to decide which arrangement serves the child’s best interests. Parents who demonstrate cooperation and prioritize the child’s needs are more likely to receive favorable outcomes.
The Importance of Evidence in Custody Cases
Custody disputes aren’t decided based on emotion alone. In family law cases, judges rely on evidence to support claims about a child’s well-being, parental involvement, and home stability. Strong documentation can make a major difference in court. Helpful forms of evidence include:
School records: Attendance reports, report cards, and teacher feedback.
Medical records: Documentation of healthcare visits and treatments.
Photographs or correspondence: Proof of the parents’ ongoing involvement in the child’s life.
Witness testimony: Statements from teachers, relatives, or others familiar with the family situation.
Communication logs: Records of cooperation or lack thereof between parents.
The stronger the evidence, the clearer the picture for the judge. Parents who prepare thoroughly with an experienced family law attorney at McCarter | East PLLC often stand on firmer ground in custody disputes.
Common Misconceptions About Custody Cases
Many parents enter custody disputes with misconceptions that can create unnecessary stress. Clearing up these myths helps parents focus on what really matters. Frequent misconceptions include:
Mothers always get custody: Courts don’t automatically favor mothers; both parents are evaluated equally.
Children always choose where to live: A child’s preference is considered, but isn’t the sole deciding factor.
Custody is permanent: Custody orders can be modified if circumstances change.
Courts punish parents financially: Custody decisions are about the child’s well-being, not punishing parents.
By addressing these myths early, parents can approach their case with realistic expectations and better preparation.
Why Legal Guidance Matters
Custody disputes can be overwhelming, but parents don’t have to face them alone. A knowledgeable family law attorney helps parents present evidence clearly, address weaknesses in their case, and focus on what the court values most — the child’s best interests.
A family law attorney can also help parents stay calm and strategic in situations where emotions often run high. With professional guidance, parents are better positioned to achieve arrangements that truly support their child’s well-being.
Contact An Experienced Lawyer
Child custody disputes are emotionally charged and legally challenging, but parents who understand how courts evaluate the best interests of the child are better prepared for the process. Judges in Tennessee focus on stability, parental conduct, and evidence to make decisions that will shape a child’s future.
At McCarter | East PLLC, located in Murfreesboro and Woodbury, Tennessee, we’re dedicated to helping families during custody disputes. Our family law attorneys work closely with parents to protect their children’s well-being and to secure custody arrangements that support long-term stability. Reach out today for a consultation.