Child Custody in Tennessee

The permanent parenting plan requirement

Tennessee law requires a permanent parenting plan in virtually every case that determines custody or visitation for a minor child. The plan addresses the residential schedule, including which parent the child lives with on which days. It also allocates decision-making authority between the parents for major matters like education, health care, and religious upbringing. Once the court approves and enters the plan as part of a final order, it becomes the enforceable custody arrangement going forward. Custody is no longer described in a separate, less detailed order.

Comparative fitness under T.C.A. 36-6-106

When Tennessee parents cannot agree on a parenting plan, the court applies a comparative fitness analysis under T.C.A. 36-6-106. The court weighs each parent's circumstances against the other's to decide what serves the child's best interest.

Tennessee courts generally consider several factors. These include the strength, nature, and stability of the child's relationship with each parent, and each parent's past and potential future performance of parenting responsibilities. Courts also weigh each parent's willingness and ability to facilitate a close relationship between the child and the other parent, and the child's adjustment to home, school, and community. Other factors are the mental and physical health of the parents, and the character and behavior of any other person who resides in or frequents either parent's home. Courts also consider the child's reasonable preference, given more weight as the child gets older, and any evidence of physical or emotional abuse.

The exact statutory wording is not repeated here in full. Confirm the exact factor list against the current text of T.C.A. 36-6-106.

Where a Tennessee custody case is filed

When custody is part of a divorce, it is generally decided in Tennessee's chancery or circuit court. That depends on the county and how that county's courts are organized. When the parents were never married, a custody and parenting plan determination is generally addressed in juvenile court, often alongside establishing paternity. Tennessee's trial court structure and jurisdiction can vary by county, so a parent should confirm the correct court with the clerk of the relevant chancery, circuit, or juvenile court before filing.

Mediation and parenting education

Tennessee courts commonly refer parents in a contested custody or divorce case to mediation. The goal is to reach an agreed parenting plan before a contested hearing. Many Tennessee counties also expect parents to complete a parent education seminar focused on helping children adjust to a family's changing structure. These requirements are generally administered at the local court level, not through a single uniform statewide rule. A parent should ask the specific chancery, circuit, or juvenile court handling the case about its mediation and parenting seminar requirements.

Modifying a parenting plan later

A Tennessee permanent parenting plan is not necessarily fixed once entered. A parent asking to modify an existing parenting plan or custody arrangement generally must show two things. First, that a material change in circumstances has occurred since the last order. Second, that the requested modification serves the child's best interest, evaluated under the same comparative fitness approach used in the original decision. A parent considering a modification should confirm the current standard and any local procedural requirements with the court that entered the existing plan.