Understanding the Basics of Child Custody Law in Tennessee

Child custody laws in Tennessee are designed to prioritize the best interests of the child while balancing the rights and responsibilities of both parents. Whether you're going through a divorce or addressing custody as an unmarried parent, understanding the basics of child custody law in Tennessee is essential.

Types of Custody

In Tennessee, custody is divided into two categories:

1. Legal Custody: The right to make significant decisions regarding the child’s upbringing, including education, healthcare, and religious practices. Legal custody may be awarded solely to one parent or jointly to both parents.

2. Physical Custody: Refers to where the child lives and which parent is responsible for day-to-day care. Like legal custody, physical custody can be shared or granted solely to one parent.

Parenting Plans

Tennessee requires parents to create a Parenting Plan in any custody or divorce case involving children. This plan outlines:

• A schedule for the child’s time with each parent.

• How decisions about the child will be made.

• Procedures for resolving disputes between parents.

If parents cannot agree, the court will impose a parenting plan.

Best Interests of the Child

Tennessee courts make custody decisions based on the “best interests of the child.” Factors considered include:

• The child’s relationship with each parent.

• Each parent’s ability to provide for the child’s physical and emotional needs.

• The stability of each parent’s home environment.

• The child’s preference (if the child is of sufficient maturity).

• Evidence of abuse, neglect, or domestic violence.

Primary Residential Parent

The court designates a Primary Residential Parent (PRP) who will have the child for the majority of the time. The other parent is referred to as the Alternate Residential Parent (ARP) and typically has scheduled parenting time.

Modifying Custody

Custody arrangements can be modified if there is a material change in circumstances that affects the child’s welfare. Examples include relocation, a significant change in a parent’s living situation, or issues impacting the child’s safety.

Unmarried Parents

In cases where the parents are not married, the mother is the child’s natural custodian by default. The father must establish paternity to gain custody or visitation rights. This can be done voluntarily or through court proceedings.

Resolving Disputes

While many custody cases are resolved through mediation, some require litigation. In contested cases, the court carefully examines evidence to determine the arrangement that serves the child’s best interests.

Conclusion

Navigating child custody in Tennessee can be complex, but understanding the basics is the first step in protecting your parental rights and ensuring your child’s well-being. If you are facing custody issues, consulting an experienced family law attorney can help you develop a strong strategy and guide you through the process.

For personalized legal advice, contact Christian Cities PLLC. We’re here to help you achieve the best outcome for your family.