Tennessee Custody and Co-Parenting Laws
This page provides an educational overview of Tennessee child custody and co-parenting laws.
It explains common legal terms, court expectations, and how custody decisions are generally made.
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This information is not legal advice. Every family’s situation is unique, and outcomes depend on individual facts. For guidance specific to your circumstances, consult a licensed Tennessee family law
attorney.
Table of Contents
Paternity & Legal Parentage in Tennessee
Establishing legal parentage determines who has the legal rights and responsibilities of a parent, including the ability to seek custody or parenting time and the obligation to provide financial support.
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When a child is born to married parents, Tennessee law generally presumes that both spouses are the child’s legal parents. This presumption provides each parent standing to seek custody and parenting time without additional legal action to establish parentage. For unmarried parents, legal parentage is not automatically established for the non-birthing parent. In these cases, paternity must be formally established before a parent may seek custody, visitation, or decision-making authority through the court. Until legal parentage is established, a non-legal parent generally does not have enforceable custody or parenting-time rights under Tennessee law.
Legal parentage in Tennessee may be established through a Voluntary Acknowledgment of Paternity (VAP) signed by both parents, or through a court order determining paternity. Court proceedings may include genetic testing when parentage is disputed.
Best Interest of the Child Standard
All custody and parenting-time decisions are governed by the best interests of the child. Courts are required to evaluate the child’s circumstances and determine arrangements that promote the child’s safety, stability, and long-term well-being.
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Tennessee law directs courts to consider a range of statutory factors when assessing a child’s best interests. These factors are evaluated together, and no single factor is controlling. Courts focus on how each consideration applies to the child and family before the court, rather than applying a predetermined outcome.
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In practice, courts may consider factors such as:
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The strength, nature, and stability of the child’s relationship with each parent
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The strength, nature, and stability of the child’s relationship with each parent
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Each parent’s past and present involvement in parenting responsibilities
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Each parent’s ability to provide for the child’s physical, emotional, and developmental needs
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The child’s emotional ties to parents, siblings, and other significant caregivers
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The child’s adjustment to home, school, and community
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Each parent’s willingness and ability to foster a positive relationship between the child and the other parent, when it is safe and appropriate to do so
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Any history of abuse, neglect, domestic violence, or substance misuse
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The child’s reasonable preference, if the court determines the child has sufficient maturity
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The court’s primary objective is to establish a parenting arrangement that supports stability, continuity, and the child’s overall well-being, rather than to reward or penalize either parent.
Residential Time
In Tennessee, what many states refer to as “physical custody” is addressed through residential time and outlined in a court-approved parenting plan. The courts require that one parent be designated as the Primary Residential Parent (PRP), the parent with whom the child resides for more than half of the parenting time over the course of a year. The other parent is designated as the Alternative Residential Parent (ARP). These designations are used for legal and administrative purposes and do not, by themselves, determine the importance of either parent’s role in the child’s life.
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Residential time schedules set forth where the child lives on a day-to-day basis, including overnights, school days, weekends, holidays, and school breaks. Courts evaluate residential arrangements based on the child’s best interests, with an emphasis on stability, continuity, and each parent’s historical involvement in caregiving.
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While Tennessee law allows for a wide range of parenting time arrangements — including schedules that closely approximate equal time — one parent must still be identified as the primary residential parent under the statute.
Decision Making Authority
Tennessee refers to authority over major decisions affecting a child as being allocated through decision-making authority.
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Decision-making authority addresses which parent, or whether both parents jointly, has responsibility for making significant decisions related to the child’s education, healthcare, religious upbringing, and extracurricular activities. These responsibilities are specifically assigned within the permanent parenting plan.
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Courts may award joint decision-making authority, requiring parents to confer and attempt to reach agreement, or may allocate sole authority in one or more decision-making areas if joint decision-making is not deemed workable or in the child’s best interests.
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When determining how decision-making authority should be allocated, Tennessee courts consider factors such as each parent’s ability to cooperate, prior decision-making history, demonstrated involvement in the child’s life, and the practical realities of implementing shared authority.
Court Expectations & Co-Parenting Responsibilities
Courts expect parents to approach residential time and decision-making with a focus on the child’s needs rather than ongoing conflict between adults. Parenting plans and court orders are designed to create stability and reduce disputes, and judges generally look for conduct that supports consistent cooperation with the other parent’s role in the child’s life.
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Parents are expected to follow existing residential time schedules and allocations of decision-making authority as written. This includes communicating in a manner that is child-focused, timely, and appropriate, and making reasonable efforts to resolve routine issues without court involvement. Patterns of behavior, such as missed exchanges, poor communication, or repeated conflict, are often more influential than isolated incidents.
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Courts also pay close attention to a parent’s ability to support the child’s relationship with the other parent. Actions that undermine residential time, interfere with shared or assigned decision-making responsibilities, or escalate conflict can raise concerns about a parent’s willingness to prioritize the child’s best interests. In contrast, cooperative conduct and reliable follow-through tend to reflect favorably when courts review parenting arrangements.
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Because communication issues are a common source of conflict, some parents find it helpful to use structured tools designed to keep exchanges clear, documented, and focused on the child. Practical resources for improving co-parent communication are available in the Parenting Toolkit’s Communication Tools section, which is designed to support court-compliant interactions rather than emotional disputes.
Parenting Plan Overview
A Permanent Parenting Plan is the primary document used to define how parents will share residential time and decision-making responsibilities for their child. In custody cases involving minor children, the court requires a Permanent Parenting Plan to be in place to provide clear expectations, reduce conflict, and promote stability in the child’s daily life.
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The Permanent Parenting Plan serves as the foundation for how parenting responsibilities are structured and enforced. Courts rely on the plan to understand how parents intend to manage their roles, resolve routine issues, and maintain consistency for the child across households.
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Because of its importance, courts closely review parenting plans for clarity, completeness, and practicality. A well-prepared plan reflects thoughtful consideration of the child’s needs and demonstrates a parent’s willingness to cooperate and follow court expectations, while unclear or incomplete plans may increase the likelihood of future disputes or court involvement.
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Although a Permanent Parenting Plan may be modified when circumstances change, it is intended to function as a durable framework rather than a short-term arrangement. Courts generally expect parents to follow the plan as written and to use it as the primary guide for addressing day-to-day parenting matters.
Creating a Parenting Plan
Creating a Permanent Parenting Plan requires parents to think through how residential time and decision-making responsibilities will function in real life, not just how they look on paper. Courts expect plans to be practical, detailed enough to guide day-to-day parenting, and centered on the child’s needs rather than parental preferences.
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When developing a plan, parents typically address how residential time will be divided during regular weeks, weekends, holidays, school breaks, and summer periods. The plan should also outline how parents will communicate about the child and how transitions between households will be handled in a consistent and predictable manner.
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A Permanent Parenting Plan should also address how major decisions will be made, including matters related to education, healthcare, and other significant aspects of the child’s life. Whether decision-making authority is shared or allocated between parents, courts look for plans that clearly define responsibilities and reduce the potential for future conflict.
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Courts generally favor plans that are specific, realistic, and workable over time. Vague provisions or assumptions that parents will “figure it out later” often lead to disputes and may prompt court intervention. A well-prepared plan reflects thoughtful consideration of schedules, responsibilities, and communication, and demonstrates a parent’s willingness to prioritize stability and cooperation for the child.
Modifying a Parenting Plan
A Permanent Parenting Plan is intended to provide stability for the child, but it may be modified when circumstances change in a way that affects how the plan functions. Courts recognize that family situations evolve over time, and modifications are considered when adjustments are necessary to support the child’s best interests.
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When a modification is requested, courts look at whether changes have occurred that impact the child or the practicality of the existing plan. Not every disagreement or scheduling challenge will justify a modification. Courts focus on whether the current plan continues to meet the child’s needs and whether the requested changes address meaningful issues rather than temporary or minor concerns.
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Courts also consider how parents have managed their responsibilities under the existing plan. A parent’s history of following the plan, communicating appropriately, and supporting the child’s relationship with the other parent may be relevant when evaluating modification requests. Consistent patterns of cooperation or conflict can influence how courts assess proposed changes.
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Because modifications can affect the child’s sense of consistency, courts generally approach changes with caution. Parents are typically encouraged to resolve routine issues within the existing plan when possible and to pursue formal modifications only when circumstances genuinely warrant revisiting the parenting arrangement.
Notes for Mothers
For many mothers, custody cases involve balancing concern for a child’s well-being with the stress of navigating an unfamiliar legal process. Courts recognize that mothers are often deeply involved in a child’s daily life, particularly in a child’s early years, and that this history matters. At the same time, courts focus on how parenting arrangements will support the child going forward, not on assumptions about parental roles.
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Mothers are often asked to adjust from being a primary caregiver to sharing residential time and responsibilities in a more structured way. This transition can feel unsettling, especially when routines change or when decisions must be made collaboratively. Courts tend to look closely at a parent’s ability to support the child’s relationship with the other parent while maintaining consistency and stability for the child.
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Concerns about a child’s safety, emotional needs, or daily care are taken seriously when they are supported by clear, specific information. Courts generally focus on patterns and demonstrated behavior rather than generalized fears or worst-case possibilities. Being able to distinguish between discomfort with change and issues that directly affect a child’s well-being can help keep the focus where courts place it.
Throughout the process, courts look for parents who prioritize the child’s needs, communicate in a measured way, and demonstrate reliability over time. Mothers do not need to minimize their role or experiences to be heard. At the same time, courts expect parenting arrangements to evolve in a way that supports the child’s long-term interests and relationships.
Notes for Fathers
For many fathers, custody cases involve navigating a legal process while working to preserve and strengthen their relationship with their child. Courts recognize that fathers play an important role in a child’s life and that meaningful involvement can take many forms. At the same time, courts focus on how parenting arrangements will support the child’s needs going forward rather than on past assumptions about parental roles.
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Fathers are often asked to demonstrate how they will participate consistently in residential time and shared responsibilities, particularly when parenting schedules are being established or adjusted. This may require adapting routines, coordinating communication, and engaging in decision-making in a more structured way. Courts tend to look closely at a parent’s reliability, follow-through, and willingness to work cooperatively with the other parent.
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Concerns about access, communication, or being fully involved in a child’s daily life are common. Courts generally evaluate these concerns based on patterns of involvement and demonstrated behavior rather than intentions alone. Showing consistency, preparedness, and a child-focused approach can help courts understand how a father contributes to stability and continuity in the child’s life.
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Throughout the process, courts look for parents who prioritize the child’s needs, communicate respectfully, and demonstrate reliability over time. Fathers do not need to overstate their role to be taken seriously. Courts expect parenting arrangements to reflect a parent’s ability to support the child’s long-term well-being and relationships in a practical, sustainable way.
Breastfeeding Considerations
Courts may consider breastfeeding as one of several factors when evaluating residential time arrangements. The focus is not on breastfeeding alone, but on how parenting schedules can support the child’s health, development, and overall stability during early stages of life.
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Generally, they look for parenting plans that account for a child’s age, feeding needs, and ability to transition between households. When breastfeeding is ongoing, this may influence the structure of residential time, particularly for very young children. At the same time, courts also consider the importance of establishing and maintaining the child’s relationship with both parents.
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As children grow and feeding needs change, parenting arrangements may evolve accordingly. Courts typically expect plans to reflect flexibility and responsiveness to developmental changes rather than rigid assumptions. Clear communication and cooperative planning between parents can help reduce conflict during this stage.
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Breastfeeding considerations are evaluated in context, alongside other factors affecting the child’s well-being. Courts focus on creating arrangements that support the child’s needs while encouraging both parents to remain actively involved as parenting responsibilities continue to develop.
Tennessee Family Law & Statutes
Tennessee custody and parenting time matters are governed by Title 36, Chapter 6 of the Tennessee Code, which establishes the legal framework for residential time, decision-making authority, and parenting arrangements involving minor children.
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Tennessee law requires the creation and court approval of a Permanent Parenting Plan in custody cases involving minor children. The statutes outline required plan components and the standards courts apply when evaluating parenting arrangements or requested modifications.
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Relevant statutes include:
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​Permanent Parenting Plans
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Covers elements of a permanent parenting plan, required components, and approval procedure.
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Modification of Permanent Parenting Plans
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Governs procedures for modifying an existing permanent parenting plan.
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Custody Decree and Best Interests Standard
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Provides general custody authority and establishment of parental responsibilities.
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​Best Interest Factors
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Lists the statutory best-interest factors courts use to evaluate custody/parenting time.
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Tenn. Code Ann. §§ 36-6-401–415
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​Full Parenting Plan Statutory Framework
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Shows the structure of the parenting plan statutory scheme (including temporary plans and definitions).
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This page is for educational purposes only and is not legal advice. Always consult a licensed Tennessee family law attorney regarding your specific situation.