Child Custody Laws in Tennessee

Litigating child custody in Tennessee is no easy matter. Even if both parents agree, the family court is still bound to determine child custody using the best interest of the child standard. This takes time and often requires an in-depth look at each child’s physical and emotional needs.

If you need help understanding your child custody rights, contact an experienced Manchester, TN, family lawyer at Burch & Stewart Attorneys by calling (931) 954-1066 or connecting with our domestic relations team online.

Assumption of Equal Custody and Parenting Rights in Manchester

As of 2024, family judges are required to enter a child custody agreement that, to the extent possible, maximizes both parents’ participation in the child’s life. Tennessee law creates a rebuttable presumption of equal physical and legal custody. The court must still consider whether any proposed custody agreement, even an equal parenting agreement, is in the child’s best interest. However, it cannot discriminate based on gender. Mothers do not have a custody preference, though the court will consider which parent has undertaken primary caregiving responsibility.

TN Best Interest of the Child Standard

All child custody determinations in Manchester are based on the best interest of the child standard, not simply parental agreement or child preference. This standard is actually a set of 16 individual factors the court must consider, but the family judge ultimately has the authority to consider any evidence relevant to the custody determination.

Tennessee’s Best Interest of the Child Factors

The complete list of factors considered during child custody determinations in Manchester is set forth in Tenn. Code Ann. § 36-6-106, but the most relevant factors often include the following:

The extent of the child’s relationship with each parent, including whether one parent has performed the majority of daily parenting functions
The willingness of each parent to care for the child and facilitate the child’s relationship with the other parent
Domestic abuse and neglect
Any refusal to attend court-ordered classes or pay child support
Parental provision of and beliefs regarding food, clothing, medical care, and education
Love and emotional ties between the child and each parent
Emotional and developmental needs of the child
Overall parental fitness, including moral, physical, mental, and emotional considerations
Preference of the children, especially children over 12
Employment schedules
The child’s ties to the local community and relationship with other family members

The court also considers more practical factors, such as each parent’s work schedule and housing situation. In complex cases, the judge may appoint a guardian ad litem (GAL) to advocate for the best interest of the children. The GAL’s opinion generally holds more weight than the arguments set forth by a single party’s attorney. However, a dedicated domestic relations lawyer might help you analyze these factors and develop a fair parenting plan during custody hearings.

Contact a Compassionate Manchester, TN, Child Custody Lawyer

Whether you need private legal representation or dedicated Manchester, TN, mediators to help you understand and develop proposed child custody agreements, contact the dedicated family legal team at Burch & Stewart Attorneys today by calling (931) 954-1066 or connecting with our child custody professionals online.