Tennessee Family Law
Tennessee Child Custody Guide
Legal and physical custody under T.C.A. § 36-6-101 et seq. — the 15 best-interest factors, Permanent Parenting Plan requirements, and how to file in Circuit or Chancery Court.
For informational purposes only. Not legal advice.
Important: This guide is for informational purposes only and does not constitute legal advice. Child custody cases are highly fact-specific. Consult a licensed Tennessee family law attorney for advice about your situation.
Tennessee child custody is governed by T.C.A. §§ 36-6-101 through 36-6-115. The law distinguishes between legal custody (the right to make major decisions about a child's education, healthcare, and religious upbringing) and physical custody(where the child lives). Tennessee courts may award joint or sole custody of either type.
A key feature of Tennessee custody law is the mandatory Permanent Parenting Plan. Every Tennessee custody order — whether agreed or litigated — must include a detailed written Permanent Parenting Plan that specifies the child's primary residence, decision-making authority, holiday and vacation schedules, and a dispute resolution process. The Tennessee Supreme Court has approved standard forms for this plan.
Types of Custody in Tennessee
T.C.A. § 36-6-101(a)(2)(B)
Joint Legal Custody
Both parents share the right to make major decisions about the child's education, healthcare, and religious upbringing. Tennessee courts favor this arrangement.
T.C.A. § 36-6-101(a)(2)(A)
Sole Legal Custody
One parent has exclusive decision-making authority for major life decisions. Granted when joint legal custody is not in the child's best interest.
T.C.A. § 36-6-402(4)
Primary Residential Parent
The parent with whom the child resides more than 50% of the time. The Permanent Parenting Plan designates one parent as "primary."
T.C.A. § 36-6-402(1)
Alternative Residential Parent
The parent with whom the child resides less than 50% of the time. Has scheduled parenting time per the Permanent Parenting Plan.
T.C.A. § 36-6-106
Equal Parenting Time
Courts may award an equal division of parenting time if supported by the best-interest analysis. Neither parent is "primary" in a true 50/50 arrangement.
T.C.A. § 36-6-101(a)(3)
Supervised Parenting Time
A parent's time with the child occurs in the presence of a third party or agency. Ordered when safety concerns exist — often in domestic violence cases.
The 15 Best-Interest Factors
Under T.C.A. § 36-6-106(a), courts must consider all relevant factors, including:
The strength, nature, and stability of the child's relationship with each parent, including whether one (1) parent has performed the majority of parenting responsibilities relating to the daily needs of the child.
Each parent's or caregiver's past and potential for future performance of parenting responsibilities, including the willingness and ability of each parent to facilitate and support the child's relationship with the other parent and to attend to the daily needs of the child.
Refusal to attend a court-ordered parent education seminar may be considered by the court as a lack of good faith effort.
The disposition of each parent to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver.
The love, affection, and emotional ties existing between each parent and the child.
The emotional needs and developmental level of the child.
The moral, physical, mental and emotional fitness of each parent as it relates to their ability to parent the child.
The child's interaction and interrelationships with siblings, other relatives and step-relatives, and mentors, as well as the child's involvement with the child's physical surroundings, school or other significant activities.
The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment.
Evidence of physical or emotional abuse to the child, to the other parent, or to any other person. The court shall, where relevant, recognize the occurrence of domestic abuse.
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.
The reasonable preference of the child if twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preference of older children should normally be given greater weight.
Each parent's employment schedule, and the court may make accommodations consistent with those schedules.
Whether a parent has relocated or plans to relocate more than fifty (50) miles from the child's primary residence. This factor requires notice and a separate relocation hearing under § 36-6-108.
Any other factors deemed relevant by the court.
Note: Factor 10 (domestic abuse) is paramount. Tennessee courts must consider domestic violence findings before other factors. A court may not award custody to an abusive parent unless the arrangement serves the child's safety and best interest.
The Permanent Parenting Plan
Under T.C.A. § 36-6-404, every Tennessee custody order must include a Permanent Parenting Plan (PPP). The PPP must address:
Primary and alternate residential parent designations
Day-to-day parenting schedule (school year and summer)
Holiday, vacation, and special occasion schedule
Decision-making authority for education, healthcare, extracurriculars
Transportation arrangements and exchange location
Communication protocols between parents
Child support calculation (per Tennessee Child Support Guidelines)
Dispute resolution process (mediation before court)
The Tennessee Supreme Court has approved mandatory forms for the Permanent Parenting Plan (Form HC-1 series). These forms must be used unless the court approves an alternative. Tennessee Child Support Guidelines (Rule 1240-2-4) are calculated based on both parents' gross incomes and the percentage of parenting time allocated in the PPP.
How to File for Custody in Tennessee
Custody cases are filed in Circuit Court (or Chancery Court in Davidson County) in the county where the child has lived for the past six months (UCCJEA jurisdiction under T.C.A. § 36-6-216).
Confirm Jurisdiction (UCCJEA)
Tennessee has jurisdiction if the child has lived in the state for at least the past six consecutive months. Under the Uniform Child Custody Jurisdiction and Enforcement Act (T.C.A. §§ 36-6-201 to 36-6-243), file in the county of the child's "home state." If the child recently moved from another state, or the other parent is in a different state, UCCJEA jurisdiction rules are critical — consult an attorney before filing.
File a Petition for Custody
File a Petition for Custody (or Petition to Modify if modifying an existing order) in the Circuit Court clerk's office in the appropriate county. In Davidson County, file in Chancery Court. Filing fees range from $150–$350 depending on the county. Attach a Permanent Parenting Plan proposal (even if just a draft) to your petition. If you cannot afford filing fees, file an Application to Proceed In Forma Pauperis.
Attend Parent Education Program
Tennessee law (T.C.A. § 36-6-408) requires both parents in a custody dispute to complete an approved parenting education seminar before proceeding. The seminar covers the impact of conflict on children, co-parenting strategies, and how the Tennessee court process works. Check with your county's circuit court clerk for the approved seminar providers. Failure to complete this requirement can delay your case and may be considered evidence of bad faith.
Attempt Mediation
Many Tennessee counties require or strongly encourage mediation before a contested custody hearing. Mediation is a confidential process where a neutral third party helps parents reach agreement on the Permanent Parenting Plan. If the parties reach agreement, the mediator drafts a Memorandum of Understanding that is incorporated into a Consent Order. If mediation fails, the case proceeds to a hearing before the judge.
Finalize the Permanent Parenting Plan
Whether reached by agreement or court order, the Permanent Parenting Plan must be filed with the court and approved by the judge. The court reviews the plan to ensure it serves the child's best interest under the § 36-6-106 factors. Vague or incomplete plans will be rejected — specify exact times, dates, exchange locations, and decision-making procedures. Child support is calculated per Tennessee Child Support Guidelines and incorporated into the final order.
Relocation Notice Requirements
If you or the other parent plans to relocate more than 50 miles from the child's primary residence, T.C.A. § 36-6-108 requires written notice to the other parent at least 60 days in advance (or as soon as practicable in emergencies). The other parent has 30 days to object. If they object, the court holds a separate relocation hearing applying a modified best-interest analysis. Failure to give proper notice can result in sanctions or modification of custody.
Free Legal Resources in Tennessee
Nashville / Middle TN
Legal Aid Society of Middle Tennessee
615-244-6610
Free civil legal services for low-income residents including family law and custody cases.
Memphis / West TN
Memphis Area Legal Services
901-523-8822
Free legal aid for Shelby County and surrounding West Tennessee counties.
Knoxville / East TN
Legal Aid of East Tennessee
865-637-0484
Free civil legal services including family law for East Tennessee residents.
Statewide 24/7
TN Domestic Violence Hotline
1-800-356-6767
If domestic violence is a factor in your custody case, call first. Safety planning is the priority.
Related Tennessee Legal Guides
Need a Tennessee Divorce & Custody Package?
Tennessee custody is addressed through the Permanent Parenting Plan included in the divorce package. Our Tennessee Divorce Filing Packet includes the Parenting Plan form, MDA template, and filing instructions for Circuit or Chancery Court.
Get the Tennessee Divorce & Parenting Plan PackageTemplates are for informational purposes only and do not constitute legal advice.
This guide is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Tennessee child custody law is complex and fact-specific. Consult a licensed Tennessee family law attorney for advice about your case. Statute references are to T.C.A. as of 2026.