The law in plain words
Under T.C.A. 36-6-106, a Tennessee judge decides custody on the child's best interest. Since July 1, 2026, the statute says that interest is "always paramount."
The words Tennessee uses
Tennessee custody orders use their own terms.
- Permanent parenting plan: the court order that sets the schedule and who makes decisions.
- Primary residential parent: the parent the child lives with more than half the time.
- Residential schedule: the calendar of when the child is with each parent.
- Temporary parenting plan: the plan that applies while a case is open.
The plan gives major decisions on school, health care, activities and religion to one or both parents. Each parent makes day-to-day decisions during their own time.
With equal time, parents can agree to be joint primary residential parents. That label does not change either parent's rights under the plan.
Is Tennessee a 50/50 state?
No. Section 36-6-101 sets no preference for joint or sole custody.
There is one presumption. When parents agree to joint custody, the law presumes it is best for the child.
The statute asks for a plan that gives both parents the "maximum participation possible," consistent with the factors. Since July 2026, judges also weigh whether a schedule gives each parent meaningful time, without presuming any split.
A 2025 bill to presume equal parenting time did not pass.
How a judge decides
A Tennessee judge works in two steps.
- Safety limits first. The judge checks whether abuse, abandonment or similar problems require limits under section 36-6-406. Since April 2026, the order must say so in writing, even for temporary orders.
- Then the best-interest factors. If those limits do not settle the schedule, the judge weighs every relevant factor.
Unless both parents agree, a custody order must include written findings of fact.
The best-interest factors
The factor list in section 36-6-106(a) was rewritten in 2025 and 2026. It now covers:
- the strength and stability of the child's bond with each parent, and who has done most daily care
- each parent's past and likely future parenting, and support for the child's relationship with the other parent
- any history of denying court-ordered parenting time
- refusing to attend a court-ordered parent education seminar
- each parent's willingness to provide food, clothing, medical care and education
- who has been the primary caregiver
- love, affection and emotional ties
- the child's emotional needs and stage of development
- each parent's moral, physical, mental and emotional fitness to parent
- the child's ties to siblings, relatives, school and activities
- continuity, and how long the child has lived somewhere stable
- abuse of the child, the other parent or anyone else
- the character of other people living in or often at each home
- the child's preference at 12 or older
- each parent's work schedule
- past reductions or restrictions of a parent's custody or time
- failure to pay court-ordered child support
- whether the schedule gives each parent meaningful time to take part
The judge can also weigh anything else relevant.
Your child's preference at 12
A child aged 12 or older can state a reasonable preference, and the judge weighs it. It does not decide the case.
A judge may hear a younger child's preference if someone asks. Older children's views normally carry more weight.
The same rule applies when a parent asks to move away with the child.
Rights every parent keeps
Section 36-6-101(a)(3) lists rights each parent keeps when the child is with the other parent. Custody and support orders include all nine, unless the judge finds that is not in the child's best interests.
- telephone or video calls with the child at least twice a week, at reasonable times
- mail to the child that the other parent must not open, censor or destroy
- notice within 24 hours of a hospital stay, major illness or injury
- school records directly from the school
- medical records directly from the child's doctors
- freedom from unwarranted derogatory remarks about you in front of the child
- at least 48 hours' notice, where possible, of school, sports, church and other activities
- a travel itinerary if the other parent leaves the state with the child for over 48 hours
- access to the child's education, including lunch and school activities, on the same basis as other parents
Video calls were added in April 2024.
Mothers' and fathers' rights
Section 36-6-101(d) says a parent's gender gives no presumption of fitness. A disability alone cannot count for or against a parent either.
The main difference is for unmarried fathers, covered next.
If you were never married
Under T.C.A. 36-2-303, custody of a child born to unmarried parents is with the mother until a court orders otherwise.
A father can sign a voluntary acknowledgment of paternity. It counts as a legal finding of paternity, but it does not give him custody.
Either signer can cancel it within 60 days. After that, it can only be challenged for fraud, duress or a material mistake of fact. The old five-year limit on those challenges ended in July 2022.
To get custody or parenting time, a parent files a parentage case. It goes to juvenile court or a general trial court, in the county where either parent or the child lives.
Since July 1, 2026, both parents usually must take a parent education class when a juvenile court sets or changes custody. The court can waive it for good cause.
Abuse and domestic violence
Under section 36-6-406, a parent's time must be limited for abandonment, abuse or a pattern of emotional abuse. In those cases, the plan cannot be set through mediation.
- A finding of child abuse creates a presumption against custody for the abuser.
- A parent indicted for certain child abuse charges is presumed ineligible for custody while the charge is pending. The parent can try to rebut that.
- A parent who acts in good faith to protect the child cannot lose custody for that alone.
- Since July 2025, a parent on supervised time is presumed to pay the supervision costs.
- Since 2024, a court cannot order reunification therapy with a parent found to have abused, unless it serves the child.
Custody judges must also complete domestic violence or child abuse training: two hours a year, or ten hours every five years.
Emergency and temporary custody
While a divorce is pending, a temporary parenting plan sets the schedule. If there is no agreement and no mediation, either parent can ask for an expedited hearing.
To change an existing schedule in an emergency, the parents must agree, or the judge must find a likelihood of substantial harm. If the change was made without notice, the other parent gets a hearing within 15 days.
Noah's Law lets a court order a child's immediate return. It applies when a parent misses the return time, 48 hours pass and the child is reported missing. The court must also find no contact for 48 hours, or that the child's location is unknown.
An order of protection can award temporary custody. A judge can issue it straight away for good cause, and a hearing follows within 15 days of service. Filing costs nothing.
Moving with your child
Under T.C.A. 36-6-108, these rules apply once a permanent parenting plan is in place.
- When notice is needed: a move out of state, or more than 50 miles from the other parent within Tennessee.
- Notice: by registered or certified mail, at least 60 days before the move. It must state the new location, the reasons and the 30-day objection right.
- No agreement: the parent who wants to move files a petition for approval. The other parent has 30 days to oppose it.
If the move is opposed, the judge decides on the child's best interest. If the move is denied, the court can set a backup plan that applies only if the parent moves anyway.
Changing a custody order
To change who has custody, the parent asking must show a material change in circumstances, more likely than not. No risk of harm to the child is needed.
Failing to follow the parenting plan can count as a material change. To change only the schedule, changes in the child's needs, such as age, or a parent's work can qualify.
A proposed parenting plan must be filed with the petition. If parents agree a change on the record, the judge need not hold a separate best-interest hearing.
How to file for custody in Tennessee
Where you file depends on your situation.
- Married parents: custody is decided in the divorce, in circuit, chancery or general sessions court, depending on the county.
- Unmarried parents: file a parentage case in juvenile court or a general trial court.
- Prepare a parenting plan on the state's Permanent Parenting Plan Order form. A plan filed by one parent alone must be notarized.
- Take the parent education seminar. It lasts at least four hours, without the children. The fee can be waived if you cannot pay.
- Mediate if ordered. It is not ordered where abuse limits apply or a parent cannot afford it.
- File proposed plans at least 45 days before trial if there is no agreement.
You can file without a lawyer. The Tennessee courts' parenting plan page has the official forms.
How much does it cost to file for custody in TN?
Each county sets its own fee, plus state fees. As examples, Davidson County Circuit Court lists these from January 2026:
| Filing | Fee | With sheriff service |
|---|---|---|
| Divorce with children | $309.50 | $361.50 |
| Paternity or other domestic case | $159.50 | $211.50 |
| Petition to modify or for contempt | $100 | $152 |
If you cannot pay up front, file the Uniform Civil Affidavit of Indigency. Income under the Legal Services Corporation's poverty guidelines is presumed to qualify.
Filing for an order of protection is free.
What changed in 2024, 2025 and 2026
Tennessee has changed custody law every year since 2022.
- 2024: video calls joined the twice-weekly contact right. The abuse factor was rewritten.
- 2025: judges must screen for abuse limits first, in writing. A new factor covers past restrictions, and any unpaid support now counts.
- April 2026: written findings on abuse limits are needed in temporary orders too.
- July 1, 2026: the child's best interest became "always paramount," with a factor on meaningful time for each parent.
- July 1, 2026: parents in juvenile court custody cases usually must take a parent education class.
Building the record
Tennessee weighs who supports the other parent's time and who denies it. Missed calls, refused weekends and unpaid support are all shown by dates.
Note each exchange, each call and each payment as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A Tennessee parenting-plan record
Tennessee judges must write findings when parents disagree. Keep these items current so your facts are ready.
Keep the record Tennessee's factors ask for
Casewell keeps dated exchanges, calls and support payments in one private place, with the messages behind them. Export the period a lawyer needs as a focused PDF.
How much does it cost to file for custody in TN?
It depends on the county. In Davidson County, a paternity case costs $159.50 and a divorce with children $309.50. A fee waiver is available if you cannot pay.
Can I file for full custody without a lawyer?
Yes. You can file a parenting plan yourself on the state's official form. A contested case is harder, and free help is available through HELP4TN.
What are the rules and requirements for child custody in Tennessee?
Custody cases between parents generally end with a permanent parenting plan. Judges check safety limits first, then the best-interest factors. Parents must take an education seminar of at least four hours.
What are father's rights in TN?
The same as a mother's. A parent's gender gives no presumption. An unmarried father needs a court order, because custody stays with the mother until then.
If both parents are on the birth certificate, who has custody in Tennessee?
If the parents were never married, the mother has custody until a court orders otherwise. Signing paternity papers does not change that.
At what age can a child choose which parent to live with in Tennessee?
No age lets a child choose. From 12, the judge must weigh the child's reasonable preference, and younger children can be heard on request.
Sources
This page summarizes Tennessee Code Annotated Title 36, Chapters 2, 3 and 6, as amended through the 2026 session, and Tennessee court forms. It explains the law in general terms and is not legal advice.
- T.C.A. 36-6-101 โ custody orders, presumptions and parental rights checked
- T.C.A. 36-6-106 โ best-interest factors checked
- T.C.A. 36-6-108 โ parental relocation checked
- T.C.A. 36-6-406 โ limits for abuse and abandonment checked
- T.C.A. 36-2-303 โ custody of a child born out of wedlock checked
- Tennessee Courts โ parenting plan forms checked
- Tennessee General Assembly โ Public Chapter 683 (2026) checked
- HELP4TN โ child custody checked