Tennessee Child Custody Petition — Your Filing Guide
What This Document Does
This is a Petition for Custody and Parenting Plan that you file with the court to ask a judge to establish or change custody of your children. It tells the court who the parents are, describes your children, explains why you're asking for custody, and proposes a schedule for when each parent will have the children.
When to Use This
- You are unmarried and need to establish custody for the first time
- You are divorcing and need the court to decide custody
- You want to modify (change) an existing custody order
- The other parent is not following the current custody order and you need court enforcement
Before You File
Gather these items:
- [ ] Children's birth certificates
- [ ] Children's Social Security numbers
- [ ] Your marriage certificate (if married to the other parent)
- [ ] Any existing court orders about custody, divorce, or child support
- [ ] Proof of your income (pay stubs for last 3 months, tax returns, or SSI/benefits letters)
- [ ] Information about the other parent's income (if known)
- [ ] Proof of Tennessee residency (driver's license, utility bill)
- [ ] $150-250 filing fee (cash, money order, or credit card) or Pauper's Oath form
Step-by-Step Filing
- Complete the Petition. Fill in every blank. Be honest and specific.
- Complete the Proposed Parenting Plan. This is a separate form that describes exactly when each parent will have the children. You can get the official form from the court clerk or online at https://www.tncourts.gov/forms.
- Complete the Child Support Worksheet. Tennessee uses a formula to calculate child support. You can use the online calculator at https://csc.dcs.tn.gov/ChildSupportCalculator.
- Make 3 copies. Keep one for yourself. File the original and two copies.
- Go to the Circuit Court or Chancery Court in your county. This is usually at the county courthouse. Ask the clerk which court handles custody cases.
- Pay the filing fee.
- If you can't afford the fee: Ask the clerk for a "Pauper's Oath" form. You will need to list your income and expenses. If the judge approves it, you can file for free.
- Get the Summons. The clerk will give you a Summons to have served on the other parent.
- Serve the other parent. The other parent must receive copies of the Petition and Summons. This is called "service of process." You cannot serve them yourself. Options:
- Sheriff's deputy (costs about $25-50)
- Private process server
- Certified mail with return receipt (check if your court allows this)
- Attend your court hearing. The court will schedule a hearing. You must attend.
Tennessee's Best Interest Factors
The judge will decide custody based on the "best interest of the child." Tennessee law (T.C.A. § 36-6-106) requires the judge to consider:
- The strength and stability of each parent's relationship with the child
- Each parent's ability to care for the child's daily needs
- Each parent's willingness to support the child's relationship with the other parent
- Which parent has been the primary caregiver
- The love and emotional bonds between each parent and child
- The child's emotional needs and developmental level
- Each parent's moral, physical, mental, and emotional fitness
- The child's reasonable preference (if the child is old enough)
- Any history of abuse or violence
- The child's current situation and need for stability
Types of Custody in Tennessee
- Primary Residential Parent (PRP): The parent the child lives with most of the time
- Alternate Residential Parent (ARP): The parent who has parenting time (visitation)
- Joint Custody: Both parents share decision-making authority
- Sole Custody: One parent has decision-making authority
At Your Hearing
Bring:
- Your filed Petition and Parenting Plan
- Children's birth certificates
- Any existing court orders
- Proof of income for both parents
- Any evidence supporting your case (photos, text messages, school records, medical records)
- Witness list (if you have witnesses)
Say:
- "Your Honor, I am [YOUR NAME]. I filed a Petition for Custody on [DATE]."
- "I am asking the court to [describe what you want]."
- "The proposed arrangement is in my child's best interest because [explain]."
- Be respectful. Do not interrupt the judge or the other parent.
Mandatory Parenting Class
Tennessee requires both parents to complete a court-approved parenting education seminar before final orders are entered. The class teaches parents about:
- How divorce and custody disputes affect children
- How to communicate with the other parent
- How to create a healthy co-parenting relationship
Ask the court clerk for a list of approved providers in your area. Classes typically cost $30-50 and take about 4 hours.
Legal Aid Resources
If you need free legal help:
- Legal Aid of East Tennessee: 1-800-821-1312 — Serves 26 East Tennessee counties
- Memphis Area Legal Services: (901) 523-8822 — Shelby, Fayette, Tipton counties
- West Tennessee Legal Services: 1-800-489-8492 — 17 West Tennessee counties
- Tennessee Alliance for Legal Services: https://www.tals.org — Statewide referral
- LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid
Disclaimer
This guide and the court document template are for informational purposes only and do not constitute legal advice. Laws change. For legal advice specific to your situation, contact a licensed attorney or the legal aid organizations above.
Not a law firm. Not your attorney. No attorney-client relationship exists.