When parents separate or divorce, few issues are more important than determining where their children will live, how parenting time will be divided, and who will make important decisions for them.
In Tennessee, child custody is not determined simply by asking which parent is “better” or which parent wants more time. The central question is what arrangement is in the best interest of the child. Tennessee law requires courts to consider a number of factors relating to the child, the parents, the child’s existing relationships, and the practical circumstances of the family.
For many parents, that process results in a Permanent Parenting Plan that establishes a residential schedule, assigns decision-making responsibilities, and addresses other important aspects of raising a child after the parents separate.
Understanding what Tennessee courts consider can help parents approach a custody case with more realistic expectations and focus on the issues that matter most.
What Does “Child Custody” Mean in Tennessee?
People commonly use terms such as “custody” and “visitation,” but Tennessee’s parenting-plan system is more detailed than those labels suggest.
A Permanent Parenting Plan is a written court order that establishes the parents’ responsibilities and creates a residential schedule for the child. Tennessee law defines a permanent parenting plan as a plan addressing the parenting and best interests of the child, including the allocation of parenting responsibilities, a residential schedule, and child support.
The residential schedule determines when the child will be in each parent’s care. It can address regular weekdays and weekends as well as holidays, birthdays, vacations, school breaks, and other special occasions.
You may also hear the term Primary Residential Parent, or PRP. Under Tennessee law, the primary residential parent is generally the parent with whom the child resides more than 50% of the time. That designation should not be confused with having complete authority over the child, however. Parenting time and decision-making authority are separate issues that can be allocated in different ways.
Tennessee Courts Focus on the Best Interest of the Child
Tennessee Code Annotated § 36-6-106 provides that custody decisions must be based on the child’s best interest. Rather than applying one formula to every family, courts look at a range of factors involving the child, the parents, and the practical realities of the proposed parenting arrangement.
One major consideration is the child’s relationship with each parent. Courts may look at the strength and stability of those relationships, each parent’s history of providing care, and which parent has taken greater responsibility for day-to-day parenting. A parent’s willingness to support the child’s relationship with the other parent can also be relevant.
Courts also consider stability and the child’s existing routine. That can include the child’s home life, school, extracurricular activities, relationships with siblings and extended family, and ties to the community. Depending on the case, maintaining continuity may weigh heavily in deciding what residential schedule is appropriate.
Another important area is each parent’s ability to meet the child’s needs. This can involve providing food, clothing, education, medical care, and a safe and suitable home environment. The court may also consider each parent’s work schedule, availability, and ability to meet the child’s emotional and developmental needs.
The court can also examine safety and conduct that affects the child. Evidence of abuse, neglect, domestic violence, substance-related impairment, or other behavior that may harm the child’s welfare can significantly influence a custody decision. The people living in or regularly present in each parent’s home may also be relevant when those relationships affect the child.
Finally, courts may consider compliance with existing parenting and support responsibilities, along with any other facts that are important to the child’s welfare.
Not every factor will carry the same weight in every case. A custody decision is not simply a matter of counting how many factors favor one parent or the other. The court considers the overall circumstances and determines what arrangement best serves the particular child’s needs.
Does Tennessee Require 50/50 Custody?
Tennessee law does not automatically require an equal number of parenting days in every case.
Tennessee law seeks to allow both parents substantial participation in a child’s life when that arrangement is consistent with the child’s best interests. As of July 1, 2026, Tennessee law also expressly directs courts to consider the extent to which a proposed or ordered parenting schedule gives each parent meaningful opportunities to participate in the child’s life.
Importantly, the 2026 legislation specifically states that this consideration does not create a presumption regarding parenting time. In other words, the new provision should not be read as an automatic 50/50 custody requirement.
A week-on/week-off schedule may make sense for some families. Other families may need a different arrangement because of school, distance between homes, work schedules, a child’s age or developmental needs, or safety concerns.
The question remains what residential schedule works in the child’s best interest under the circumstances of that particular case.
What Is Included in a Tennessee Parenting Plan?
A parenting plan does considerably more than say where the child sleeps.
Tennessee law requires a permanent parenting plan to establish the authority and responsibilities of each parent and include a residential schedule. The plan can allocate responsibility for major decisions involving the child’s education, healthcare, extracurricular activities, and religious upbringing to one parent or both parents. Generally, each parent can make ordinary day-to-day decisions while the child is in that parent’s care.
A well-developed parenting plan may therefore address questions such as when exchanges occur, which parent has the child during particular holidays, how summer vacation will work, who handles transportation, and how major decisions will be made.
The goal is to create an arrangement that can function in real life, not merely one that looks balanced on paper.
Tennessee also recognizes temporary parenting plans. These may govern parenting arrangements while a divorce or custody case is still pending. The permanent plan is the arrangement ultimately incorporated into the court’s final order in covered cases. Tennessee’s Administrative Office of the Courts provides standardized parenting-plan forms used by courts throughout the state.
Can a Child Choose Which Parent to Live With in Tennessee?
One of the most common custody questions is whether a child reaches an age at which the child can simply choose where to live.
Tennessee does not give a child an automatic right to decide custody at a particular age.
However, the child’s wishes can matter. Tennessee Code Annotated § 36-6-106 specifically identifies the reasonable preference of a child who is 12 or older as one of the factors the court may consider. A judge may also hear the preference of a younger child upon request, and Tennessee law states that the preference of an older child should normally receive greater weight than the preference of a younger child.
That does not mean a 12-, 14-, or 16-year-old gets the final word.
The child’s preference remains one part of the overall best-interest analysis. A judge can consider why the child holds a particular preference along with the child’s maturity, home environment, relationships, stability, schooling, and the other relevant circumstances.
A recent Tennessee Court of Appeals decision, for example, reiterated that a child’s preference may be considered but remains only one component of the larger best-interest determination.
How Do Abuse, Substance Use, or Other Safety Concerns Affect Custody?
Safety concerns can significantly affect a parenting plan.
Tennessee Code Annotated § 36-6-406 establishes circumstances in which a court may or must restrict a parent’s residential time. Depending on the facts, these issues can include physical or sexual abuse, patterns of emotional abuse, extended abandonment or substantial refusal to perform parenting responsibilities, neglect, substance-related impairment that interferes with parenting, certain criminal conduct, or other behavior that negatively affects the child’s welfare.
These cases may require a different approach from an ordinary disagreement about schedules. Depending on the evidence and applicable law, a court may impose limitations designed to protect the child.
At the same time, allegations made during a contested custody case should be evaluated based on evidence. Parents dealing with domestic violence, allegations of abuse, serious substance-use concerns, or related criminal issues should speak with an attorney about how those circumstances may affect the parenting case.
What Happens When Parents Cannot Agree on a Parenting Plan?
Parents do not necessarily have to ask a judge to decide every detail.
If the parents can negotiate an acceptable parenting plan, they may submit their agreement to the court for approval. Mediation can also help parents resolve disputed issues.
When they cannot agree, however, the court can decide the disputed terms. Tennessee law provides that if the parties have not reached an agreement on a permanent parenting plan by 45 days before trial, each party must generally file and serve a proposed plan, even though negotiations or mediation may continue.
The Tennessee Administrative Office of the Courts likewise explains that when parents cannot agree on a temporary or permanent parenting plan, the parents may submit their own proposed plans and ordinarily proceed through the applicable dispute-resolution process.
In a contested divorce case, evidence matters. A parent seeking a particular schedule should be prepared to explain how that arrangement meets the child’s needs, rather than focusing exclusively on why the other parent’s proposal is undesirable.
Can a Tennessee Parenting Plan Be Changed Later?
Parenting plans can be modified when circumstances change, but a parent generally cannot simply disregard the existing court order.
Tennessee has specific legal standards and procedures governing modifications. A parent seeking modification generally submits a proposed parenting plan along with the request for modification, and if the parents cannot agree, the court can determine the amended plan under Tennessee law.
Whether a change in circumstances is sufficient to modify the existing arrangement can depend on what portion of the parenting plan the parent seeks to change and the facts of the case. Modifying an existing Tennessee parenting plan is therefore a separate issue that should be evaluated carefully.
Talk to a Knoxville Child Custody Attorney
A parenting plan can affect nearly every part of a parent’s relationship with a child—from ordinary school nights to holidays, medical decisions, and major milestones.
If you are facing a custody or parenting-plan dispute in Knoxville or elsewhere in East Tennessee, an attorney can help you understand how Tennessee’s best-interest factors apply to your circumstances, develop a workable proposed parenting plan, negotiate disputed issues, and prepare for court when an agreement is not possible.
Contact Barnes & Fersten by calling 865-805-5703 or by filling out our contact form to discuss your Tennessee child custody or parenting-plan case and the options available to you.
This article provides general information about Tennessee law and is not legal advice. Every custody case depends on its particular facts and circumstances.
Associate Attorney
Dakota Vermillion is a Knoxville attorney practicing family law, including divorce and child custody, as well as DUI defense and criminal defense. Dakota brings experience from several areas of the legal system, including work as a family law judicial clerk, private family law attorney, police officer, and prosecutor. While attending Nashville School of Law, he worked as a law clerk in the Fourth Circuit Court of Davidson County, which primarily handles family law matters. He later practiced family law involving divorce and child custody matters before serving as an Assistant District Attorney with the Knox County District Attorney’s Office. Dakota’s background in family law, law enforcement, prosecution, and criminal defense gives him a broad perspective when representing clients facing significant legal matters.
