Understanding Tennessee child custody laws is essential for any parent going through a divorce or separation. This comprehensive guide covers the types of custody Tennessee recognizes, how courts determine the best interests of the child, parenting plan requirements, relocation rules, and how to modify existing custody orders. Whether you are negotiating a custody agreement or preparing for a custody hearing, this guide explains Tennessee’s custody framework in clear terms.
Verified against Tennessee family law statutes as of May 2026.
In This Tennessee Custody Guide:
Types of Custody in Tennessee
Tennessee recognizes several types of custody arrangements:
| Type | Description |
|---|---|
| Legal Custody | The right to make major decisions about the child’s education, healthcare, and religious upbringing. |
| Physical Custody | Where the child primarily lives on a day-to-day basis. |
| Joint Custody | Both parents share legal custody, physical custody, or both. |
| Sole Custody | One parent has exclusive legal or physical custody. |
Joint custody presumption: CONDITIONAL YES. Under TCA § 36-6-101, there is traditionally “neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody.” HOWEVER, when both parents agree to joint custody (or agree in open court), there is a presumption that joint custody is in the best interest of the child, rebuttable only by clear and convincing evidence. Multiple secondary sources (including 2026 legal guides) indicate that Tennessee now operates under a rebuttable presumption that joint legal custody with equal parenting time serves the child’s best interests following legislative amendments effective July 1, 2025 (related to SB1058 from the 2023-2024 session, which proposed establishing such a presumption rebuttable by a preponderance of the evidence). The court must still order a custody arrangement that permits both parents “the maximum participation possible in the life of the child” consistent with the best interest factors. TCA § 36-6-101; TCA § 36-6-106.
Tennessee Best Interest of the Child Standard
The best interests of the child standard is the primary framework Tennessee courts use for all custody decisions. This standard considers what arrangement will best serve the child’s physical, emotional, and developmental needs.
Tennessee courts evaluate these best interest factors when making custody decisions:
- Tennessee courts must consider all relevant factors under TCA § 36-6-106
- including: (1) The strength
- nature
- and stability of the child’s relationship with each parent
- including whether one parent has performed the majority of parenting responsibilities relating to the daily needs of the child; (2) Each parent’s past and potential for future performance of parenting responsibilities
- including the willingness and ability to facilitate and encourage a close and continuing parent-child relationship between the child and both parents; (3) Refusal to attend a court-ordered parent education seminar may be considered as a lack of good faith effort; (4) The disposition of each parent to provide the child with food
- clothing
- medical care
- education
- and other necessary care; (5) The degree to which a parent has been the primary caregiver (the parent who has taken the greater responsibility for performing parental responsibilities); (6) The love
- affection
- and emotional ties existing between each parent and the child; (7) The emotional needs and developmental level of the child; (8) The moral
- physical
- mental
- and emotional fitness of each parent as it relates to their ability to parent the child; (9) The child’s interaction and interrelationships with siblings
- other relatives
- step-relatives
- and mentors
- as well as the child’s involvement with physical surroundings
- school
- or other significant activities; (10) The importance of continuity in the child’s life and the length of time the child has lived in a stable
- satisfactory environment; (11) Evidence of physical or emotional abuse to the child
- to the other parent
- or to any other person
- including the child’s siblings (the court may refer abuse issues to juvenile court); (12) The character and behavior of any other person who resides in or frequents the home of a parent and such person’s interactions with the child; (13) The reasonable preference of the child if 12 years of age or older (the court may hear a younger child’s preference upon request; older children’s preferences should normally be given greater weight); (14) Each parent’s employment schedule (the court may make accommodations consistent with those schedules); (15) Whether the parent has a history of prior custody restrictions or limitations imposed by a court (added by 2025 amendment); (16) Whether a parent has failed to pay court-ordered child support for a period of 3 years or more (added by 2025 amendment); (17) Any other factors deemed relevant by the court. Note: The 2025 amendments (effective July 1
- 2025) added factors (15) and (16)
- expanding the list from 15 to 17 factors.
Child’s preference: In Tennessee, a child’s custody preference may be considered when the child reaches 12 years old. Under TCA § 36-6-106(a)(13), the court shall consider the reasonable preference of a child who is 12 years of age or older. However, the court MAY hear the preference of a younger child upon request. The preferences of older children should normally be given greater weight than those of younger children. The child’s preference is one factor among many and is not determinative.. The weight given to the child’s preference increases with age and maturity. The court considers the child’s reasoning and whether the preference is influenced by a parent.
Tennessee Parenting Plans
Tennessee requires parents to submit a parenting plan as part of custody proceedings. A Tennessee permanent parenting plan must include: (1) A detailed residential schedule specifying where the child will reside on each day of the year, including regular weekday/weekend schedule; (2) A holiday and vacation schedule (alternating major holidays, school breaks, summer); (3) Designation of a Primary Residential Parent (PRP) and Alternate Residential Parent (ARP); (4) Allocation of decision-making authority for major decisions (education, healthcare, religious upbringing, extracurricular activities) — can be joint or allocated to one parent; (5) Provisions allowing each parent to make day-to-day decisions while the child is in their care; (6) Provisions to minimize the child’s exposure to harmful parental conflict; (7) A dispute resolution process (e.g., mediation) before court action; (8) Transportation arrangements between households; (9) Communication provisions (how parents communicate about the child and how the child communicates with the non-residential parent); (10) Annual income reporting requirements for child support obligor; (11) Child support worksheet and calculation. The plan must be consistent with the child’s developmental level and the family’s social and economic circumstances. TCA § 36-6-404; TCA § 36-6-401 et seq.
Key elements of an effective parenting plan:
- Regular residential schedule (weekdays, weekends, overnights)
- Holiday and school vacation rotation
- Transportation arrangements and pickup/drop-off logistics
- Decision-making authority (education, healthcare, extracurriculars)
- Communication methods between parents and between parent and child
- Dispute resolution process (mediation before court)
- Right of first refusal when a parent is unavailable
Tennessee Custody Relocation Rules
Under TCA § 36-6-108, after custody has been established by a permanent parenting plan or final order, a parent who wants to relocate outside the state of Tennessee OR more than 50 miles from the other parent within the state must: (1) send written notice to the other parent by registered or certified mail at least 60 days before the move; (2) the notice must include the location of the proposed new residence, the reasons for the move, and a proposed revised parenting schedule. If the non-relocating parent does NOT object within 30 days of the date notice is sent, the relocation is permitted by law. If the non-relocating parent objects, the court applies a best interest analysis considering: the nature/quality/duration of the child’s relationship with both parents; the child’s age, developmental stage, and needs; feasibility of preserving the non-relocating parent’s relationship through visitation; the child’s preference if 12+; whether there is a pattern of promoting or thwarting the other parent’s relationship; whether relocation enhances quality of life for parent and child; the reasons each parent has for seeking or opposing relocation; and other relevant factors. Moves of less than 50 miles within Tennessee do not require notice or court authorization.
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Notice requirement: The relocating parent must provide 60 days advance written notice by registered or certified mail. The non-relocating parent then has 30 days from the date notice is sent to file an objection. If no objection is filed within 30 days, the relocation is automatically permitted. TCA § 36-6-108. days advance written notice to the other parent.
The court evaluates whether the move serves the child’s best interests, considering the reason for the move, the impact on the child’s relationship with the non-moving parent, and whether a modified visitation schedule can preserve that relationship.
Modifying Tennessee Custody Orders
Tennessee uses a two-prong test for modifying custody orders under TCA § 36-6-101: (1) There must be a material change in circumstances since the original order was entered, AND (2) the modification must be in the child’s best interest. The Tennessee Supreme Court has established three sub-questions for “material change”: (a) the change occurred AFTER the entry of the order; (b) the change was NOT known or reasonably anticipated when the order was entered; and (c) the change affects the child’s well-being in a meaningful way. A material change does NOT require showing substantial risk of harm to the child. Tennessee courts have acknowledged this is a “very low threshold.” Examples include: significant changes in the child’s needs over time (including age-related); significant changes in a parent’s living or working conditions that affect parenting; failure to adhere to the parenting plan; or other circumstances making change in the child’s best interest. The burden of proof is preponderance of the evidence (more likely than not).
Common modification triggers: parent relocation, change in child’s needs, substance abuse, domestic violence, parent’s work schedule change, child reaching an age where preferences are considered, or one parent consistently violating the existing order.
Special Circumstances in Tennessee Custody
Domestic violence: Domestic violence significantly impacts custody decisions in Tennessee. Under TCA § 36-6-406, a parent’s residential time SHALL be limited if the court finds (based on a prior order or reliable evidence) that the parent has engaged in: (1) physical or sexual abuse of the parent, child, or another person living with the child; (2) a pattern of emotional abuse of the parent, child, or another person living with the child (as defined in TCA § 36-3-601); or (3) willful abandonment or substantial refusal to perform parenting responsibilities. Residential time must also be limited if the parent resides with someone who has engaged in such abuse. If a parent has been convicted of a sexual offense or found to be a sexual offender, the court SHALL restrain that parent from contact with the child. The court may also preclude or limit parenting plan provisions based on substance abuse, neglect, impaired emotional ties, or abusive use of conflict. Additionally, under TCA § 36-6-106(a)(11), evidence of physical or emotional abuse to the child, the other parent, or any other person is a best interest factor. Tennessee does NOT require mediation in custody cases involving domestic violence without the victim’s explicit consent, a mediator with specialized DV training, and permission for the victim to bring a support person.
Grandparent visitation: YES, under limited circumstances. TCA § 36-6-306 allows grandparents to petition for visitation when: (1) the father or mother of an unmarried minor child is deceased; (2) the parents are divorced, legally separated, or were never married; (3) a parent has been missing for at least 6 months; (4) a court of another state has ordered grandparent visitation; or (5) the child resided in the grandparent’s home for 12 months or more and was subsequently removed by a parent. The court must find a “danger of substantial harm” to the child if visitation is denied. A “significant existing relationship” must be established, which can be shown if: the child resided with the grandparent for 6+ consecutive months; the grandparent was full-time caretaker for 6+ months; or the grandparent had frequent visitation for 1+ year. Expert testimony is NOT required. Grandparent visitation cannot be ordered over parental objection when the family unit is intact. TCA § 36-6-306.
Unmarried parents: In Tennessee, when parents are not married at the time of the child’s birth, the mother automatically has sole legal and physical custody until a court orders otherwise. The father has NO custodial rights until paternity is established. Paternity can be established by: (1) signing a Voluntary Acknowledgment of Paternity (VAP) — note that this alone does not confer custody or visitation rights; (2) court-ordered DNA testing; or (3) a court order establishing paternity under TCA § 36-2-305. Simply signing a VAP at the hospital is NOT sufficient to establish legal parental rights — a court order declaring paternity is required. Once paternity is legally established by court order, the father may petition the court for custody or visitation rights, and the same best interest factors under TCA § 36-6-106 apply. A parenting plan is then required just as in divorce cases. TCA § 36-2-301 et seq.
Guardian ad litem: YES. Under TCA § 36-4-132, in a divorce action involving minor children, the court may appoint a guardian ad litem (GAL) for any minor child, either on its own motion or upon motion of either party. Tennessee Supreme Court Rule 40A governs GAL appointments in custody cases. The GAL must be a licensed attorney and represents the best interests of the child (not the child’s wishes). Appointment occurs when the court finds the child’s best interests are not adequately protected by the parties and that separate representation is necessary. GAL fees are borne by the parties as the court deems equitable and may be waived for indigent persons. The GAL has immunity when acting in good faith within the scope of the appointment. The court may also order a custody evaluation by a mental health professional under separate authority.
Additional Tennessee rules: (1) PRIMARY RESIDENTIAL PARENT DESIGNATION: Tennessee requires every parenting plan to designate one parent as the “Primary Residential Parent” (PRP) and the other as the “Alternate Residential Parent” (ARP), even in equal parenting time arrangements — this designation matters for school enrollment, tax purposes, and relocation rights. (2) MAXIMUM PARTICIPATION STANDARD: TCA § 36-6-106 directs courts to order an arrangement that permits both parents “the maximum participation possible” in the child’s life, which is a stronger pro-contact standard than many states. (3) 45-DAY FILING DEADLINE: If parents cannot agree on a parenting plan, each must file and serve a proposed plan at least 45 days before trial or risk the court adopting the other parent’s plan. (4) STANDARDIZED FORM: Tennessee mandates a uniform statewide parenting plan form (since July 1, 2005) — courts must use this form, available at tncourts.gov. (5) CHILD SUPPORT AND CUSTODY LINKAGE: As of the 2025 amendment, failure to pay child support for 3+ years is now an enumerated best interest factor (TCA § 36-6-106(a)(16)), directly linking support compliance to custody determinations. (6) PRESUMPTION OF PARENTAL FITNESS: Under TCA § 36-6-101, both parents are presumed to be fit, and neither parent has a superior right to custody based solely on gender.
Official Sources & Resources
- Cornell LII — Child Custody: law.cornell.edu
- NCSL Custody Laws: ncsl.org
- Tennessee Custody Statute: Tennessee Code Annotated (TCA) Title 36, Chapter 6 — Child Custody and Visitation. Key sections: TCA § 36-6-101 (general custody provisions, decree for custody, presumption of parental fitness, educational seminars); TCA § 36-6-106 (best interest factors for custody determination); TCA § 36-6-108 (parental relocation); TCA § 36-6-301 through 36-6-307 (visitation, including grandparent visitation at § 36-6-306); TCA § 36-6-401 through 36-6-415 (parenting plans, including permanent parenting plan requirements at § 36-6-404, restrictions for domestic violence at § 36-6-406); TCA § 36-4-132 (guardian ad litem appointment).
Last verified May 2026. Contact us if you notice outdated information.