How is child custody decided in Tennessee?

Tennessee child custody is governed by Tenn. Code Ann. Title 36, Chapter 6.

1. Permanent Parenting Plan Required (Tenn. Code Ann. § 36-6-403)

Every divorce involving minor children must include a Permanent Parenting Plan that:

Designates a Primary Residential Parent (PRP).

Specifies the residential schedule (parenting time).

Allocates decision-making for education, healthcare, religion, and extracurriculars.

Addresses dispute resolution.

Identifies the parent responsible for the child's tax exemption.

2. Best Interest Factors — 15 Listed (Tenn. Code Ann. § 36-6-106(a))

Strength, nature, and stability of the child's relationship with each parent, including whether one parent has performed the majority of parenting responsibilities.

Each parent's past and potential future performance of parenting responsibilities, including willingness and ability to facilitate a close and continuing relationship between the child and the other parent.

Refusal to attend court-ordered parent education seminar.

Disposition of each parent to provide the child with food, clothing, medical care, education, and other necessary care.

Degree to which a parent has been the primary caregiver.

Love, affection, and emotional ties between each parent and the child.

Emotional needs and developmental level of the child.

Moral, physical, mental, and emotional fitness of each parent.

Child's interaction and interrelationships with siblings, other relatives, and step-relatives.

Importance of continuity in the child's life and length of time the child has lived in a stable, satisfactory environment.

Evidence of physical or emotional abuse to the child, the other parent, or any other person.

Character and behavior of any other person who resides in or frequents the home of a parent.

Reasonable preference of the child if 12 years of age or older.

Each parent's employment schedule.

Any other factors deemed relevant by the court.

3. Child's Preference — Statutory Right at 12 (Tenn. Code Ann. § 36-6-106(a)(13))

The court shall consider the reasonable preference of a child 12 years of age or older. The preferences of a younger child may be heard at the court's discretion.

4. Joint Custody / Equal Parenting Time

Tennessee courts may order substantially equal parenting time but are not required to. The court is required to order a schedule that maximizes each parent's participation in the child's life consistent with the child's best interest (Tenn. Code Ann. § 36-6-106(a)).

5. Domestic Violence (Tenn. Code Ann. § 36-6-406)

The court shall not order joint custody if there is a finding of domestic violence. Restrictions on residential time are mandatory upon a finding of physical or sexual abuse, or convictions of certain offenses.

6. Modification (Tenn. Code Ann. § 36-6-101(a)(2)(B))

Requires a material change of circumstances since the prior order. For modifications affecting the PRP designation, the moving party must show a material change that has affected or is reasonably likely to affect the child's well-being. For modifications of the residential schedule only, the threshold is lower (Armbrister v. Armbrister, 414 S.W.3d 685 (Tenn. 2013)).

7. Relocation (Tenn. Code Ann. § 36-6-108)

A parent intending to relocate the child outside Tennessee or more than 50 miles within Tennessee must give written notice 60 days before the move. The non-moving parent has 30 days to file a petition opposing relocation. As of 2018 amendments, the court applies a best interest of the child analysis using 11 factors.

This is legal information, not legal advice.