Child Custody Factors in Tennessee: What Parents Should Know
When parents separate or divorce, questions about where children will live and how decisions will be made are often the most important and most difficult to resolve. In Tennessee, custody decisions are guided by a detailed layout of legal factors designed to protect children and ensure their best interests are the court’s top priority. Understanding these points can help you handle your case smoothly—and with the right legal help, you can present your side effectively and protect your child’s future.
Understanding How Custody Decisions Are Made
Many parents worry about losing time with their children or being treated unfairly in court. In Tennessee, judges must weigh specific factors when deciding custody arrangements, considering both legal custody (decision-making authority) and physical custody (where the child lives). These factors create a map for how courts evaluate each parent’s ability to meet their child’s needs.
When you know what the court looks at—and how these factors fit together—you’re in a stronger position to advocate for a plan that works for your family.
Key Custody Aspects Courts Consider
There are several factors the courts must review before awarding custody. Rather than seeing these as a checklist of rights and wrongs, think of them as areas where the court is trying to understand your child’s life, your parenting role, and what arrangement will create the most stability going forward. The courts didn’t know you or your child before, and this is the way they get to know you, your situation and your family.
One of the most important considerations is the strength, responsibility, and stability of the child’s relationship with each parent. Judges want to know who has been providing the day-to-day care—things like preparing meals, handling school issues, or scheduling doctor visits—and how strong the emotional bonds are between each parent and the child. Courts also weigh each parent’s past and potential future performance of parenting responsibilities, including whether each parent will support a positive, ongoing relationship between the child and the other parent.
The court examines whether either parent has ever denied parenting time in violation of a court order or refused to attend a parent education seminar, which can be seen as a lack of good faith effort. Judges also look at the disposition of each parent to provide necessities such as food, clothing, education, and medical care, as well as the degree to which each has been the primary caregiver during the child’s life.
Other factors focus on the emotional ties between parent and child, the child’s developmental needs, and the moral, physical, mental, and emotional fitness of each parent.
The Child’s Environment and Stability
Beyond parenting performance, courts also examine the child’s environment and relationships outside the immediate family. This includes siblings, extended relatives, step-relatives, mentors, and even the child’s involvement in school and community activities. Judges weigh the importance of continuity in the child’s life, especially if they’ve been in a stable environment for a significant amount of time.
Evidence of physical or emotional abuse to the child or other household members is taken extremely seriously. Judges also consider the character and behavior of any other person who lives in or frequently visits a parent’s home and how that person interacts with the child.
For older children, their reasonable preference may also be considered. Tennessee law allows the court to hear the wishes of children 12 or older, and in some cases younger children, though more weight is usually given to older children’s preferences.
Work Schedules and Parenting Time
Custody decisions must fit into the real lives of parents and children. Courts often review each parent’s employment schedule and make accommodations to ensure parenting time aligns with work commitments. The law also leaves room for any other factors deemed relevant by the court, allowing judges to consider unique circumstances that don’t neatly fit into one category.
This approach reflects Tennessee’s goal of crafting custody plans that are both practical and sensitive to the child’s best interests.
How an Attorney Can Help You
Even though Tennessee law lays out these custody factors clearly, understanding them and applying them to your case can be overwhelming. Emotions run high, evidence can be complicated, and small details can make a big difference in the outcome.
Here’s where a seasoned attorney steps in. An attorney, like Psonya Hackett, will help parents understand how each factor applies to their unique situation and guide them in presenting their strongest case to the court. This involves gathering evidence, preparing testimony, and organizing information that shows your role in your child’s life. They also work to protect your parental rights during negotiations, mediations, and hearings—always keeping your child’s well-being at the forefront.
Building a Strong Parenting Plan
In this state, custody arrangements are formalized in a Permanent Parenting Plan—a detailed agreement that spells out where your child will live, how decisions will be made, and each parent’s financial responsibilities. The custody factors the court considers play a major role in shaping and approving this plan.
A thoughtful, well-prepared parenting plan does more than meet legal requirements; it creates predictability for your child and helps prevent future issues between parents. By clearly outlining schedules, responsibilities, and expectations, you provide your child with a stable routine and yourself with peace of mind.
An attorney will work closely with you to craft a parenting plan that reflects your child’s needs and your family’s circumstances, while satisfying the court’s standards and protecting your parental rights.
Common Problems to Look Out For
Even with clear laws, custody cases are rarely easy. Parents may disagree about schedules, holidays, or school choices. Long-distance parenting can complicate routines, and as children grow older, their needs and preferences may change. In some cases, one parent may worry about the child’s safety or the influence of other adults in the household.
Nobody wants to worry about predicting these problems themselves, but with skilled legal support, it becomes that much easier for families to find workable solutions.
Why Legal Representation Matters
Custody decisions affect not only your relationship with your child but also your child’s emotional stability and future opportunities. Trying to navigate these issues alone can lead to missed deadlines, incomplete evidence, or misunderstandings of the law.
Having an experienced family law attorney on your side can provide peace of mind and a clear plan.
Moving Forward
If you’re facing a custody dispute in Tennessee, understanding the factors courts consider is the first step. The next step is creating a strategy that highlights your strengths as a parent and supports your child’s best interests. With the right legal guidance, you can navigate the process confidently and build a custody arrangement that works for your family now and in the future.
We stand with you at every stage—from the first consultation through the final hearing—ensuring your story is heard and your rights as a parent are fully protected.