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How to File for Child Custody in Tennessee — 2026 Guide

This content is for informational purposes only and does not constitute legal advice. Consult a licensed Tennessee attorney for advice specific to your situation.

Nothing matters more than your children. When parents separate or divorce, figuring out custody — where the kids will live, who makes decisions about their lives, and how visitation will work — is often the most emotionally charged part of the whole process.

Tennessee law has a clear structure for how custody decisions are made. Understanding that structure helps you advocate for your children and know what to expect.

How Tennessee Courts Approach Custody

Tennessee courts base every custody decision on one standard: the best interest of the child.

This means the court looks at your children's needs — stability, emotional health, safety, education, and the quality of their relationships with each parent — not what either parent wants. Under T.C.A. § 36-6-106, courts consider factors including:

The strength and quality of each parent's relationship with the child
Each parent's ability to provide a stable, loving home
The child's adjustment to home, school, and community
The mental and physical health of all parties
Each parent's willingness to support the child's relationship with the other parent
Any history of domestic abuse or substance abuse
The preference of the child (given weight based on age and maturity)

Tennessee courts strongly believe children benefit from having both parents involved. Joint custody arrangements are common when both parents are fit.

Types of Custody in Tennessee

Legal Custody

Legal custody is the right to make major decisions about your child's life — education, healthcare, religious upbringing, and extracurricular activities.

Joint legal custody: Both parents share decision-making authority. This is the default preference when parents can cooperate.
Sole legal custody: One parent has exclusive decision-making authority, typically when the other parent is unfit, absent, or there is a history of abuse.

Physical Custody

Physical custody determines where the child lives day-to-day.

Primary Residential Parent (PRP): The parent with whom the child lives most of the time.
Alternative Residential Parent (ARP): The parent with visitation rights — called "parenting time" in Tennessee.
Equal (50/50) parenting time: The child spends roughly equal time with both parents. Courts can order this when it's in the child's best interest and both parents can cooperate.

The Tennessee Permanent Parenting Plan

Tennessee requires every custody case to produce a Permanent Parenting Plan (PPP) (Form CT-P-6). This is a detailed document that spells out:

The regular parenting schedule — which days the child is with each parent
The holiday schedule — how major holidays, school breaks, and birthdays are handled
Decision-making responsibilities — which parent decides what
Child support — calculated per Tennessee guidelines
Communication protocols — how parents will communicate about the child
Dispute resolution process — how disagreements will be resolved (usually mediation first)

The Parenting Plan is legally binding. Violating it can have serious consequences. Get it right from the start.

jurisdiction-correct Tennessee Permanent Parenting Plan templates from Jurist-Diction are formatted to court requirements — starting at $67.

How to File for Child Custody in Tennessee: Step-by-Step

Step 1: Determine the Right Court

Married parents divorcing: Custody is handled as part of your divorce in Circuit Court or Chancery Court.

Unmarried parents: File in Juvenile Court or the Circuit/Chancery Court in the county where your child lives.

Step 2: Establish Paternity (If Needed)

If you're an unmarried father seeking custody, you must first legally establish paternity before the court can grant you custody or visitation rights. Options include:

Voluntary Acknowledgment of Paternity (VAP) — signed at birth or later
Paternity action filed in court (DNA testing may be ordered)

Step 3: File the Petition

File a Petition for Custody with the court clerk. The petition explains:

Who the parents are and where the child lives
Your requested custody arrangement
Why your requested arrangement is in the child's best interest

Filing fees: Typically $150–$350, depending on county.

Step 4: Serve the Other Parent

The other parent must be officially served with the petition and have an opportunity to respond. They have 30 days to file an answer.

Step 5: Attend Mediation

Most Tennessee courts require mediation before a custody hearing. A neutral mediator helps both parents try to reach an agreement without a judge deciding. Mediation is:

Usually 2–4 hours long
Costs $100–$300 per party on average
Confidential — nothing said in mediation can be used in court later

If you reach an agreement in mediation, it gets incorporated into your Permanent Parenting Plan.

Step 6: Attend the Custody Hearing (If Needed)

If mediation fails, the case goes to a custody hearing before a judge. The judge will hear from both parents (and their attorneys, if represented), review evidence, and potentially interview the child privately.

The judge then issues an order establishing custody and parenting time.

Step 7: Finalize the Permanent Parenting Plan

Whether through agreement or court order, the final Permanent Parenting Plan is signed by the judge and becomes a binding court order. Both parents receive certified copies.

Child Support in Tennessee

Child support is calculated using Tennessee's Income Shares Model, codified in T.C.A. § 36-5-101.

Here's the basic process:

Both parents' gross incomes are added together
A support amount is determined from the state's Child Support Guidelines
Each parent pays a share proportional to their income

Factors that can adjust support include:

Childcare costs
Health insurance premiums
Extraordinary medical expenses
Parenting time (more time with the ARP generally reduces the amount owed)

The Tennessee Department of Human Services provides a free child support calculator.

Modifying a Custody Order

Life changes. Custody orders can be modified when there has been a material change in circumstances since the last order. Examples include:

A parent relocating
A significant change in a parent's living situation
A parent's substance abuse or criminal activity
The child's preferences changing as they get older
A parent consistently violating the parenting plan

To modify a custody order, file a Petition to Modify in the court that issued the original order. The same "best interest" standard applies.

Relocating With a Child

If the Primary Residential Parent wants to move more than 50 miles away from the current residence, Tennessee law (T.C.A. § 36-6-108) requires written notice to the other parent at least 60 days in advance. The other parent can object, and the court will decide whether relocation is in the child's best interest.

Child Custody FAQs: Tennessee

At what age can a child choose which parent to live with in Tennessee?

There is no specific age. Courts give more weight to a child's preference as they mature — typically around age 12–14. But the judge always has final say based on the best interest standard.

What if the other parent won't follow the parenting plan?

You can file a Petition for Contempt in the court that issued the order. The judge can enforce the plan, change custody, or impose penalties on the non-complying parent.

Can grandparents get custody or visitation in Tennessee?

Yes. Under T.C.A. § 36-6-306, grandparents may petition for visitation rights in certain circumstances, especially when a parent is deceased, incarcerated, or when the child previously lived with the grandparent.

What happens if there's a history of domestic violence?

Domestic violence is taken very seriously. A history of abuse is a significant factor in custody decisions. The court may order supervised visitation, require completion of a batterer's intervention program, or deny custody to the abusive parent.

Do mothers automatically get custody in Tennessee?

No. Tennessee law does not favor either parent based on gender. Both parents start on equal footing and custody is determined by the best interest of the child.

Take the Next Step

Understanding Tennessee's custody process helps you approach it with confidence — even during one of the most difficult periods of your life.

Jurist-Diction's jurisdiction-correct Tennessee custody documents include the Permanent Parenting Plan (CT-P-6) and supporting forms, formatted to your county's court requirements — starting at $67.

Templates are for informational purposes only and do not constitute legal advice. For complex custody disputes, especially those involving domestic violence or relocation, consult a licensed Tennessee family law attorney.

Last updated: March 2026 | Jurist-Diction covers child custody documents for: NY, NJ, PA, MD, DE, MS, TN