By Olivia Wathne, Esq. | Legally reviewed by Laura Temme, Esq. | Last reviewed December 12, 2024
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Breaking up is hard, but it's even harder when children are involved. When a couple with a child breaks up, they must decide about child custody and support.
Unfortunately, these decisions aren't always easy to make. That's usually when courts can step in and decide for the parents. Even if the parents can come up with their own parenting agreement, it's not final until it gets approved by the court.
This article outlines the process of creating a child custody arrangement in Tennessee that addresses parenting time, visitation rights, and other important decisions.
Tennessee law presumes that a child born to a married couple is the child of both people in the couple. But, an unmarried father must establish paternity before he can have parental rights.
Paternity gets established through a court order, which can happen because of an agreement between the unmarried parents or a petition to establish parentage.
Custody arrangements typically encompass various categories. Types of custody include:
These distinctions, shaped by parental capability and the child's relationship with each parent, are all typically part of the final custody order.
Tennessee child custody laws generally require the courts to choose one parent as the primary residential parent (PRP) and the other as the alternative residential parent. The PRP is the parent with whom the child spends more than 50% of their time.
The PRP designation can significantly affect various essential details in a co-parenting arrangement. For example, the PRP's home address would get used for school zoning.
Parents who choose a 50/50 parenting plan don't have to choose a PRP.
The following chart offers a brief overview of the child custody process in Tennessee and links to applicable statutes.
| Statutes | Tennessee Code, Title 36, Chapter 6, Section 36-6-101, et seq. (Child Custody and Visitation) |
|---|---|
| Filing for child custody | If the parents are married, child custody comes up in the divorce proceedings. Each parent will attend a mandatory parenting class, and the parents will come up with a parenting plan. The court will review and approve the plan if it finds it complies with Tennessee law. If the parents are not married, they must file a petition to establish parentage first. Then they file a settlement agreement on child custody and child support. If the parents can't agree, these issues will get decided at a trial. |
| Parenting plans | A parenting plan is a detailed outline that defines the responsibilities of each parent. It includes parenting time, transportation, and decision-making authority. The residential schedule included in the parenting plan designates the primary residential parent and the time that the child will be in each parent's care. |
| What if parents can't agree on a parenting plan? | If there isn't an agreement between a child's parents, Tennessee family courts have the authority to award the "care, custody, and control" of children to both parents or either parent. In making the decision, the court will consider the best interests of the child. |
| Related statutes | Tennessee Code, Title 36:
|
Note: 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 state laws you are researching.
The child's needs and best interests help decide custody disputes in Tennessee. Key considerations include:
The courts also look at the child's adjustment to their current home, school, and community. And they look at any history of domestic violence, child abuse, or substance abuse by either parent. The willingness of each parent to facilitate a healthy relationship between the child and the other parent also weighs heavily in custody decisions.
The court may appoint a "guardian ad litem" to advocate for the child's best interests. A guardian ad litem represents the minor children involved in a custody case. They are usually licensed attorneys.
Ultimately, Tennessee courts focus on the child's well-being in custody disputes. Under Tennessee law, if the child is 12 or older the court will consider the child's preference.
For more information and resources related to this topic, please see the links below.
Often, child custody cases can get contentious between parents. For this reason, it can be helpful to resolve such issues with the help of a family law attorney. If you have questions about child custody laws, speaking with a skilled child custody attorney today is best.
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