Tennessee Child Custody Laws

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 (UCCJEA). But there are slight variations in child custody laws in each state.

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.

In making child custody determinations, family court judges can also grant grandparent visitation rights for a minor child.

This article gives a brief overview of child custody laws in Tennessee.

Types of Custody in Tennessee

In Tennessee, custody arrangements include various forms of custody to address the best interests of the child. 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.

Custody of the child can include sole custody, where one parent has physical and legal custody, 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.

Though not the primary caregiver, the non-custodial parent often participates in co-parenting to ensure the child's well-being.

Judges can grant temporary custody during divorce proceedings or other legal matters.

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

In cases involving unmarried parents, legal and physical custody default to the child's mother when there is no court order. An unmarried father 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.

Tennessee Child Custody Laws at a Glance

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.

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 status of any state law(s) you are reviewing.

Tennessee Child Custody Hearing

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:

• The child's relationship with each parent
• The importance of continuity in a child's life and the length of time the child has lived in a stable, satisfactory environment
• The child's needs and mental health concerns
• The parents' ability to fulfill their parenting responsibilities
• The presence of domestic violence or emotional abuse
• The child's reasonable preference (based on age and maturity)

The judge may issue a temporary custody order to ensure stability during the legal process. Ultimately, the court will adopt or issue a permanent parenting plan, which will become part of the parties' divorce decree or custody order.

The parenting plan outlines custody rights, parenting time, and other aspects of the child's upbringing. The goal is to resolve the custody dispute to best support the child's well-being and ensure a stable environment.

Tennessee Child Custody Laws: Related Resources

• Tennessee Alliance for Legal Services — Custody rights
• Tennessee Family Laws
• Tennessee Child Support Guidelines

Get Professional Legal Help With Your Tennessee Custody Case

Child custody proceedings are usually quite emotional and difficult for parents. As a result, they require legal know-how and an understanding of how to negotiate with opposing counsel. Don't leave such an important decision up to chance. If you're involved in a custody case in Tennessee, contact an experienced family law attorney near you.