Child Custody Factors
When determining a custody arrangement, Tennessee courts consider a total of 16 factors related to the child’s best interest (§ 36-6-106). These include:
- The strength, nature, and stability of the child’s relationship with each parent
- Each parent’s past and potential for performing parenting responsibilities
- Each parent’s ability to provide food, clothing, medical care, education, and other necessary care for the child
- The emotional needs and developmental level of the child
- Each parent’s moral, physical, mental, and emotional fitness to parent the child
- The child’s existing relationships with siblings, relatives, and step-relatives
- Evidence of physical or emotional abuse to the child or any other person
- The preference of the child if 12 years or older
- Each parent’s employment schedule
How to File for Custody in Tennessee
1. Agree on a Parenting Plan
Custody is part of divorce proceedings for parents with children. Because uncontested or “agreed” custody cases, in which both parents are in agreement regarding the terms of custody, move faster through court and cost significantly less, it is highly recommended that the parents mediate with one another and try to get on the same page.
If parents are able to agree on a permanent parenting plan, the court will approve and make it part of the final decree order, provided it is in the child’s best interest.
If parents are unable to agree on a parenting plan, the court or one of the parents may motion for dispute resolution proceedings. If parents still have not reached an agreement within 45 days before the trial date, each parent must submit their own parenting plan and continue to negotiate in the meantime.[1]
2. Calculate Child Support
Under Tennessee’s Child Support Guidelines, child support obligations are determined using the parent’s combined adjusted gross income and the number of children eligible for support.[2]
Use the state’s Child Support Calculator to estimate how much support may be ordered by the court under the guidelines.
3. Complete and File Required Forms
To begin the process for an agreed divorce with children, complete all the forms listed on the court-approved divorce form, in addition to a parenting plan order and child support worksheet.
Submit the completed forms to the court clerk and pay the filing fee, which varies depending on the county.
Custody Laws
- Child’s preference: The courts will consider the reasonable preference of a child 12 years and older.[3]
- Grandparents’ visitation rights: § 36-6-306
- Parenting plan: Title 36, Chapter 6, Part 4
- Parent visitation: Title 36, Chapter 6, Part 5
- Stepparents’ visitation rights: § 36-6-303
- Uniform Child Custody Jurisdiction and Enforcement Act: Title 36, Chapter 6, Part 2
Related Forms