{"id":376415,"date":"2016-03-31T21:36:48","date_gmt":"2016-04-01T02:36:48","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/tennessee-law\/tennessee-child-custody-laws.html"},"modified":"2024-06-26T15:20:38","modified_gmt":"2024-06-26T20:20:38","slug":"tennessee-child-custody-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/tennessee-law\/tennessee-child-custody-laws.html","title":{"rendered":"Tennessee Child Custody Laws"},"content":{"rendered":"\n
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Tennessee Child Custody Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Child custody laws are very similar among different U.S. states. This is not surprising as nearly every state has adopted the Uniform Child Custody Jurisdiction and Enforcement Act<\/a> (UCCJEA). But there are slight variations in child custody laws in each state.<\/p>\r\n

Tennessee child custody laws allow for joint custody or sole custody and can take into account the child’s own wishes when considering custody decisions. In fact, Tennessee courts must state, in a written court order, why ordering joint or sole legal custody is in the best interests of the child.<\/p>\r\n

In making child custody determinations, family court judges can also grant grandparent visitation rights<\/a> for a minor child.<\/p>\r\n

This article gives a brief overview of child custody laws in Tennessee.<\/p>\r\n

Types of Custody in Tennessee<\/b><\/h2>\r\n

In Tennessee, custody arrangements include various forms of custody to address the best interests of the child<\/a>. The primary residential parent is the one with whom the child lives most of the time, while the alternative residential parent typically has visitation rights.<\/p>\r\n

Custody of the child can include sole custody, where one parent has physical<\/a> and legal custody<\/a>, or joint physical custody, where both parents share time with the child. Legal custody involves decision-making authority over the child’s upbringing, including education and health care. Physical custody is where the child resides day to day.<\/p>\r\n

Though not the primary caregiver, the non-custodial parent often participates in co-parenting to ensure the child’s well-being.<\/p>\r\n

Judges can grant temporary custody during divorce proceedings or other legal matters.<\/p>\r\n

Regardless of the specific arrangement, Tennessee courts<\/a> focus on promoting healthy and active involvement from both parents whenever possible. Courts may encourage parents to use mediation<\/a> to resolve differences and reach a parenting plan agreement.<\/p>\r\n

In cases involving unmarried parents, legal and physical custody default to the child’s mother when there is no court order. An unmarried father<\/a> must file a petition in court to establish their rights. Once they do that, then the court can address child custody rights in a parenting plan.<\/p>\r\n

Tennessee Child Custody Laws at a Glance<\/b><\/h2>\r\n

While it’s important to speak to an attorney about your custody rights, it doesn’t hurt to know your state’s custody laws. The chart below provides a summary of child custody laws in Tennessee.<\/p>\r\n\r\n

Relevant Tennessee child custody laws<\/p>\r\n<\/th>\r\n

Tennessee Code<\/b><\/p>\r\n

Title 36 \u2014 Domestic Relations<\/a><\/p>\r\n

Chapter 6 \u2014 Child Custody and Visitation<\/p>\r\n

Year Uniform Child Custody Jurisdiction and Enforcement Act was adopted<\/p>\r\n<\/th>\r\n

1999<\/p>\r\n<\/td>\r\n<\/tr>

Joint custody an option?<\/p>\r\n<\/th>\r\n

Yes. The court will consider several factors in determining what form of custody and parenting time is in the child’s best interests. See Section 36-6-106<\/a>.<\/td>\r\n<\/tr>

Grandparent visitation rights recognized?<\/p>\r\n<\/th>\r\n

Yes. See sections 36-6-306<\/a> and 36-6-307<\/a>.<\/td>\r\n<\/tr>

Children’s own wishes considered?<\/p>\r\n<\/th>\r\n

Yes. Under Section 36-6-106(a)(13)<\/a>, the court shall consider the reasonable preference of a child 12 or older. The court may also hear a younger child\u2019s preference upon request.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/i> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.<\/i><\/p>\r\n

Tennessee Child Custody Hearing<\/b><\/h2>\r\n

A child custody hearing is a legal proceeding where the court determines a child’s most appropriate custody arrangement. It may happen as part of a divorce case or a paternity or parentage action. Both parents present evidence and testimony during the hearing to support their claims for parental rights. A Tennessee family court will evaluate best interest factors such as:<\/p>\r\n