How Is Child Custody Determined in Tennessee?

Child custody disputes are challenging for any family, and Tennessee law provides a clarity to determine the best interests of the child. Whether you’re going through a divorce or separation, it’s important to understand how custody is determined in this state. 

Tennessee uses a variety of factors to make decisions that benefit the child’s well-being, stability, and future. If you need family law representation in Kingsport, Church Hill, Johnson City, or Bristol, Tennessee, contact Steven C. Frazier, Attorney at Law. Let’s break down the key elements and considerations in Tennessee’s child custody process.

Legal and Physical Custody in Tennessee

In Tennessee, child custody is divided into two categories: legal custody and physical custody. 

• Legal custody: This refers to the authority to make major decisions regarding the child’s life, such as education, healthcare, and religious upbringing. 

• Physical custody: On the other hand, involves the child's living arrangements and day-to-day care.

Parents may be granted joint custody, where both share responsibilities, or sole custody, where only one parent holds these rights. It’s crucial to distinguish these terms when going through custody proceedings.

Best Interests of the Child Standard

Tennessee family law courts prioritize the best interests of the child when determining custody. This standard encompasses several factors, including: 

• Child’s needs: The child's physical, emotional, and psychological needs are taken into consideration

• The child-parent relationships: This entails the ability of each parent to care for the child, and which parent can offer the most stable environment.

• Child’s preferences: In some cases, their preferences are also taken into account, particularly when the child is older and capable of expressing a reasoned opinion. 

The court evaluates the situation holistically to make sure the outcome supports the child's overall well-being.

Parental Cooperation and Communication

One critical factor in determining custody is the ability of parents to cooperate and communicate effectively regarding the child’s needs. 

• Tennessee courts favor parents who demonstrate a willingness to co-parent amicably. 

• If one parent is unwilling or unable to maintain open communication with the other, this may negatively impact their chances of receiving joint custody.

• Courts also assess whether either parent has attempted to alienate the child from the other parent or interfere with visitation rights. 

Any such behavior is frowned upon and can harm the offending parent’s case.

Parental Stability and Continuity

The court also evaluates each parent's stability on a few key factors, such as:

• Home environment: Stability is key to knowing that the child has a safe and supportive living situation. 

• Employment: A parent with an unpredictable schedule, financial difficulties, or frequent moves may be considered less capable of providing the child with the consistency they need.

• Overall lifestyle: Maintaining continuity in the child’s life is a top priority. Courts often prefer to keep the child in the same home, school district, and community when possible, as this minimizes disruption during an already difficult time.

History of Domestic Violence or Abuse

A history of domestic violence or abuse can have a profound effect on custody determinations in Tennessee. The court takes allegations of physical, emotional, or sexual abuse seriously. Any evidence of past abuse, even if directed at another family member, can lead to limitations on a parent's custody rights.

In cases where abuse is a concern, the court may order supervised visitation or deny custody altogether to protect the child’s safety. Tennessee law confirms that the child’s physical and emotional well-being is the priority.

Parental Involvement in the Child's Life

The level of involvement each parent has in the child's daily life is another important factor in custody cases. The court looks at the following:

• Who has been responsible for routine tasks: This entails feeding, bathing, taking the child to school, and attending extracurricular activities.

• Each parent’s engagement: Who has been highly engaged in these day-to-day activities is likely to be viewed favorably.

• Emotional bond: The emotional bond between the child and each parent is evaluated. The stronger the bond, the more likely that parent is to be awarded primary custody or shared custody rights.

Child's Preference

Tennessee family law allows the court to consider the child’s preference in custody decisions, but the weight given to the child’s wishes depends on their age and maturity. While a younger child's preference may be considered, it’s not the deciding factor. For older children, especially those over the age of 12, their opinions may carry more influence.

However, the court still evaluates the reasons behind the child’s preference to verify that it aligns with their best interests and isn’t the result of manipulation by one parent.

Employment and Financial Stability

While Tennessee courts don’t make custody decisions solely based on financial status, they do consider each parent’s ability to provide for the child’s needs. A parent’s employment and financial stability can be a factor in deciding who has primary custody, particularly when it comes to housing, healthcare, and educational expenses.

Parents who are financially stable and can provide a secure environment may have an advantage in custody proceedings, though both parents are typically expected to contribute to the child’s support.

Parenting Plans

In Tennessee, both parents are usually required to submit a parenting plan to the court. A parenting plan outlines how the parents will share responsibilities, including legal and physical custody arrangements, visitation schedules, and decision-making processes. The plan must prioritize the child’s best interests and demonstrate how the parents will work together.

If the parents cannot agree on a plan, the court will intervene and create one that it deems appropriate. Having a well-thought-out parenting plan can help verify that the custody arrangement is fair and functional.

Mediation and Court Proceedings

In Tennessee, parents are encouraged to use mediation to resolve custody disputes outside of court. Mediation allows parents to come to an agreement with the help of a neutral third party, reducing conflict and promoting cooperation. If mediation is successful, the agreed-upon custody arrangement is submitted to the court for approval.

If mediation fails, the family law case proceeds to a court hearing, where a judge will make the final decision. Going to court can be a lengthier and more contentious process, so mediation is often preferred as a first step.

Modifying Custody Arrangements

Custody arrangements in Tennessee aren’t set in stone and can be modified if there is a significant change in circumstances. This can be properly accomplished with the support of a family law professional. Common reasons for seeking a modification include a parent's relocation, a change in employment, or new information about the child’s needs.

To request a modification, the parent must petition the court and provide evidence that the existing arrangement no longer serves the child’s best interests. The court will then review the case and decide whether to grant the modification.

Relocation and Custody

If one parent wishes to relocate with the child, this can complicate custody arrangements. Tennessee law requires the relocating parent to notify the other parent and seek court approval if the move significantly impacts the existing custody agreement.

The court will consider whether the move is in the child’s best interests, factoring in the parent’s reasons for relocating, the impact on the child’s relationship with the other parent, and how the move will affect the child’s education, social life, and overall well-being.

Speak to a Lawyer

While the child custody process can be stressful, understanding the legal standards and preparing accordingly can help parents work through custody disputes with a focus on what’s best for the child. If you’re facing a custody case, Steven C. Frazier, Attorney at Law is here to help. Contact the family law firm today.