Child Custody in Tennessee

Overview of Tennessee Custody Law

Tennessee custody law is governed primarily by T.C.A. Section 36-6-106, which establishes a comprehensive framework for determining custody arrangements based on the best interests of the child. Tennessee uses the traditional terms “custody” and “visitation” but requires all custody cases to include a permanent parenting plan that details each parent’s rights and responsibilities.

Tennessee courts do not favor one parent over the other based on gender. The state emphasizes maintaining the child’s relationship with both parents and encourages cooperative co-parenting. A mandatory parenting education program is required for all parents involved in custody proceedings.

Types of Custody in Tennessee

Tennessee recognizes both legal and physical custody:

• Joint Legal Custody — Both parents share the authority to make major decisions regarding the child’s education, health care, and religious upbringing. This is common when parents can communicate and cooperate effectively.
• Sole Legal Custody — One parent has the exclusive right to make major decisions for the child. Courts may award sole custody when the parents cannot cooperate or when one parent is unfit.
• Joint Physical Custody — The child spends substantial time with both parents. Tennessee law defines this as each parent having the child for more than 90 days per year (now commonly calculated using the number of overnights).
• Primary Residential Parent (PRP) — The parent with whom the child lives the majority of the time. The other parent is designated as the Alternate Residential Parent (ARP) and has a visitation schedule set out in the parenting plan.

For a broader explanation of custody types, see our guide on child custody laws explained.

The Permanent Parenting Plan

Tennessee requires every custody case to include a permanent parenting plan under T.C.A. Section 36-6-404. The parenting plan must address:

• The residential schedule, including weekdays, weekends, holidays, and summer
• Decision-making authority for education, health care, religious upbringing, and extracurricular activities
• A method for resolving future disputes between the parents
• Transportation arrangements for parenting time exchanges
• Each parent’s income and child support obligations

Parents may negotiate and agree on a parenting plan, which the court then reviews and approves. If the parents cannot agree, the court imposes a plan after a hearing.

Best Interests Factors

Under T.C.A. Section 36-6-106(a), Tennessee courts evaluate 15 factors when determining the best interests of the child:

• The love, affection, and emotional ties between each parent and child
• The disposition of each parent to provide the child with food, clothing, medical care, education, and other necessary care
• The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment
• The stability of the family unit of each parent
• The mental and physical health of each parent
• The home, school, and community record of the child
• The reasonable preference of a child 12 years of age or older (the court may hear the preference of a younger child upon request)
• Evidence of physical or emotional abuse to the child, the parent, or any other person
• The character and behavior of any other person who resides in or frequents the home of a parent and that person’s interactions with the child
• Each parent’s past and potential for future performance of parenting responsibilities, including willingness and ability to facilitate a close and continuing parent-child relationship with the other parent
• Evidence of a parent’s willingness to provide a safe environment free from domestic violence
• Whether the child has been cared for by a de facto custodian
• The emotional needs and developmental level of the child
• The moral, physical, mental, and emotional fitness of each parent
• Any other factor deemed relevant by the court

Child’s Preference

Tennessee sets a statutory threshold at age 12 for a child’s custody preference. Under T.C.A. Section 36-6-106(a)(7), the reasonable preference of a child who is 12 years of age or older is one of the best interest factors the court must consider. The court may also hear the preference of a younger child upon request, but is not required to do so. A child’s preference is considered alongside all other factors and is not binding on the court. For more on how courts evaluate these considerations, see our guide on how child custody is determined.

Mandatory Parenting Education

Tennessee requires both parents in custody and divorce cases to complete a parenting education program. Under T.C.A. Section 36-6-413, the court must order both parents to attend a seminar that addresses the impact of separation and divorce on children, effective communication strategies, and the importance of cooperative co-parenting. The program must be completed within the time frame specified by the court, typically before the final hearing.

Relocation Rules

Tennessee has a detailed relocation statute under T.C.A. Section 36-6-108. A parent who spends more than the equivalent of the parenting time allocated by the existing plan must provide written notice to the other parent at least 60 days before a proposed relocation. The notice must include the new address, the reason for the move, and a proposed revised parenting plan.

If the non-relocating parent objects within 30 days, the court holds a hearing. The burden of proof depends on the time-sharing arrangement. If the parent seeking to relocate has been spending the majority of parenting time, the other parent bears the burden of proving the relocation is not in the child’s best interest. If the parents have been spending substantially equal time, the relocating parent bears the burden.

Mediation

Tennessee does not mandate mediation statewide for all custody cases. However, many courts encourage or order mediation as part of the process, and the permanent parenting plan requirement often leads parents to engage in negotiation or mediation to reach an agreement. Some Tennessee counties have court-annexed mediation programs available. Mediation is generally not required in cases involving domestic violence.

Modification of Custody Orders

To modify an existing custody order in Tennessee, the parent seeking the change must demonstrate a material change in circumstances that has occurred since the original order. Under T.C.A. Section 36-6-101(a)(2)(B) and (C), modification requires that the change affects the child’s best interests. The court re-evaluates the arrangement under the same 15 best interest factors. Modification of the primary residential parent designation requires a finding that the modification is in the child’s best interest and that the change in circumstances is sufficiently significant to warrant the disruption to the child’s routine.

When to Seek Legal Help

Tennessee’s custody framework includes 15 best interest factors, a mandatory parenting plan, parenting education requirements, and specific relocation procedures that shape every case. If you are navigating a contested custody dispute, a relocation request, or a modification, consider scheduling a free consultation to discuss your situation with a qualified professional.

Frequently Asked Questions

How is child custody determined in Tennessee?

Tennessee courts determine custody based on the best interests of the child. Factors typically include each parent’s relationship with the child, stability of each home, the child’s adjustment to school and community, and each parent’s willingness to support the child’s relationship with the other parent.

Does Tennessee favor mothers in custody decisions?

No. Tennessee law does not favor either parent based on gender. Courts are required to evaluate custody based on the best interests of the child, considering factors like parental involvement, stability, and the ability to meet the child’s needs.

Can I get 50/50 custody in Tennessee?

Shared or equal custody arrangements are possible in Tennessee and are increasingly common. Courts evaluate whether a 50/50 arrangement serves the child’s best interests, considering factors like the parents’ proximity, work schedules, and ability to cooperate on parenting decisions.

At what age can a child choose which parent to live with in Tennessee?

Most states, including Tennessee, allow older children to express a preference, but the child’s wishes are only one factor the court considers. There is typically no fixed age at which a child’s preference becomes decisive — the court always prioritizes the child’s overall best interests.

How do I modify a custody order in Tennessee?

To modify custody in Tennessee, you must demonstrate a substantial change in circumstances since the original order was entered. Examples include relocation, changes in a parent’s living situation, or concerns about the child’s safety. The court will evaluate whether the modification serves the child’s best interests.