Child Custody in Tennessee: Understanding Your Rights as a Parent

Child custody cases can be emotionally challenging and legally complex. Whether you are going through a divorce, separation, or are an unmarried parent, child custody decisions in Tennessee focus on creating a stable, supportive environment that serves the best interests of the child. Understanding how custody works under Tennessee law can help you make informed decisions and protect your parental rights.

What Is Child Custody Under Tennessee Law?

In Tennessee, child custody is addressed through a Permanent Parenting Plan or Temporary Parenting Plan, which outlines how parents will share time and decision-making responsibilities for their child. Tennessee law no longer uses the term “custody” as frequently, instead focusing on parenting responsibilities and parenting time.

Custody is generally divided into two main components:

Legal Custody (Decision-Making Authority)

Legal custody refers to a parent’s right to make major decisions about a child’s life, including:

• Education
• Healthcare and medical treatment
• Religious upbringing
• Extracurricular activities

In Tennessee, parents may share decision-making authority, or one parent may be designated as the primary decision-maker if joint decision-making is not in the child’s best interests.

Physical Custody (Parenting Time)

Physical custody—commonly referred to as parenting time—determines where the child lives and how much time the child spends with each parent.

Tennessee courts often designate one parent as the Primary Residential Parent (PRP), meaning the child spends more than 50% of overnight parenting time with that parent. The other parent is known as the Alternate Residential Parent (ARP) and is awarded scheduled parenting time.

Parenting Plans in Tennessee

Tennessee law requires a written parenting plan in nearly all child custody cases. Parenting plans are designed to reduce conflict and clearly outline each parent’s responsibilities.

A parenting plan typically includes:

• A detailed parenting time schedule
• Holiday and vacation schedules
• Transportation and exchange arrangements
• Decision-making authority
• Methods for resolving future disputes
• Child support obligations

Courts encourage parents to reach an agreement on a parenting plan whenever possible. If parents cannot agree, the court will establish a plan after considering evidence from both sides.

How Tennessee Courts Decide Child Custody

When parents disagree, Tennessee courts determine custody based on the best interests of the child.

Judges evaluate several statutory factors, including:

• The strength, nature, and stability of the child’s relationship with each parent
• Each parent’s ability to provide a safe, stable, and nurturing environment
• Each parent’s past and potential future performance of parenting responsibilities
• The emotional and developmental needs of the child
• The child’s preference, if the child is 12 or older
• Each parent’s willingness to encourage a close relationship between the child and the other parent
• Any history of domestic violence, abuse, or neglect
• Each parent’s mental and physical health

Tennessee courts do not favor mothers over fathers. Both parents begin on equal footing, and decisions are based solely on what best supports the child’s well-being.

Custody for Unmarried Parents in Tennessee

For unmarried parents, legal paternity must be established before custody or parenting time can be awarded to a father. Once paternity is established, both parents have equal rights to seek parenting time and decision-making authority.

Until a court order is entered, the mother typically has sole legal custody by default under Tennessee law.

Temporary and Emergency Custody Orders

In some cases, the court may issue a temporary parenting plan while a custody case is pending. Temporary orders establish parenting time and decision-making authority until a final resolution is reached.

Emergency custody orders may be issued if a child’s safety or welfare is at risk due to abuse, neglect, or other urgent circumstances.

Modifying a Tennessee Custody Order

Custody orders in Tennessee are not always permanent. A parenting plan may be modified if there is a material change in circumstances, such as:

• A parent relocating
• Changes in a child’s needs
• Changes in a parent’s work schedule
• Concerns about the child’s safety or stability

The court must also find that the proposed modification is in the child’s best interests.

Enforcement of Parenting Plans

If a parent fails to follow a court-ordered parenting plan, the other parent may seek enforcement through the court.

Violations can result in:

• Make-up parenting time
• Contempt of court findings
• Fines or attorney’s fees
• Modification of the parenting plan in serious cases

How a Tennessee Child Custody Lawyer Can Help

A Tennessee child custody attorney can assist by:

• Explaining your rights and obligations under state law
• Helping you develop a strong parenting plan
• Representing you in negotiations, mediation, or court
• Protecting your parental rights during disputes
• Assisting with custody modifications and enforcement actions

Having experienced legal guidance can reduce conflict and help ensure the court hears your side of the story.

Contact A Knoxville Child Custody Lawyer For Help

Child custody decisions can impact every aspect of your life. The child custody attorneys at The Barnet Firm are committed to helping you achieve the best outcome for your family with direct communication and personalized strategies.