Tennessee Custody and Parenting Plans

Tennessee family courts prioritize the best interests of children when determining custody arrangements and parenting plans. Under Tenn. Code Ann. § 36-6-106, courts evaluate multiple factors to establish parenting arrangements that promote children's physical, emotional, and developmental well-being. The Volunteer State requires comprehensive parenting plans in all divorce and custody cases involving minor children.

Types of Custody in Tennessee

Tennessee recognizes distinct forms of custody that address different aspects of parental responsibility.

Legal Custody (Decision-Making Authority)

Legal custody determines which parent makes major decisions about the child's upbringing, including education, healthcare, religious instruction, and extracurricular activities. Tennessee courts may award joint legal custody (shared decision-making) or sole legal custody to one parent. Joint legal custody works well when parents can communicate effectively and cooperate on important decisions.

Physical Custody (Residential Time)

Physical custody addresses where the child lives and the amount of time spent with each parent. Tennessee designates a Primary Residential Parent (PRP) who provides the child's primary residence and an Alternate Residential Parent (ARP) who exercises parenting time according to the schedule. This designation affects school enrollment, tax benefits, and child support calculations.

Joint vs. Sole Custody

Tennessee courts favor arrangements that maximize both parents' involvement when doing so serves the child's best interests. Joint custody doesn't necessarily mean equal time—it reflects shared responsibility and meaningful involvement from both parents.

See how different schedules affect your family. Try it for Tennessee:

Tennessee's Best Interest Factors

Under T.C.A. § 36-6-106, Tennessee courts consider numerous factors when determining custody arrangements:

• The love, affection, and emotional ties between parent and child
• Each parent's disposition and ability to provide love, affection, and guidance
• Each parent's ability to provide food, clothing, medical care, and education
• The importance of continuity and stability in the child's life
• The stability of the family unit and each parent's home environment
• Each parent's mental and physical health
• The child's home, school, and community record
• The reasonable preference of a child 12 years or older
• Evidence of domestic violence or child abuse
• Each parent's willingness to facilitate a close relationship between the child and other parent

Tennessee Parenting Plan Requirements

Tennessee law requires a comprehensive Permanent Parenting Plan in every divorce or custody case involving minor children. This detailed document becomes a court order governing all aspects of the parent-child relationship after separation.

Required Parenting Plan Elements

• Designation of the Primary Residential Parent and Alternate Residential Parent
• A specific residential schedule showing where the child will be each day of the year
• Holiday and vacation schedules with specific dates and times
• Decision-making authority allocation for education, healthcare, religious upbringing, and extracurricular activities
• Transportation arrangements for exchanges
• Child support calculations using Tennessee's worksheet
• Methods for resolving future disputes
• Communication provisions between the child and non-residential parent

Parenting Day Calculation

Tennessee calculates parenting time as annual parenting days, which directly affects child support calculations. A parenting day is any 24-hour period or any period of more than 12 consecutive hours during which the parent has physical custody. The standard schedule provides the Alternate Residential Parent approximately 80 parenting days annually.

Parent Education Seminar Requirement

Tennessee requires divorcing parents with minor children to complete a parent education seminar under T.C.A. § 36-6-408. This four-hour course covers the impact of divorce on children and teaches co-parenting strategies. Both parties must complete the course before the court will finalize the divorce. Costs typically range from $30 to $60 per parent.

Residency and Waiting Period Requirements

Tennessee Timing Requirements: At least one spouse must have been a Tennessee resident for six months before filing. The waiting period is 60 days without minor children, or 90 days with minor children. If grounds arose in Tennessee and both parties resided here at that time, no residency period is required.

Automatic Statutory Injunction

Upon filing a divorce complaint in Tennessee, an automatic statutory injunction takes effect under T.C.A. § 36-4-106. This injunction prohibits both parties from:

• Hiding, destroying, or disposing of marital property
• Harassing, threatening, or abusing the other party or children
• Removing minor children from Tennessee without consent or court approval
• Making extraordinary expenditures without agreement or court permission
• Canceling or modifying insurance policies covering the other party or children

Need a Deeper Analysis?

The schedule calculator above shows how different arrangements translate into parenting days. For a comprehensive report that combines your parenting plan with Tennessee's child support formula, income analysis, and expense allocation, get your full Tennessee custody and support analysis here.

Tennessee Child Support Guidelines

Tennessee uses the Income Shares child support model under Tenn. Comp. R. & Regs. 1240-02-04. This approach estimates what parents would have spent on children if they remained together, then divides that amount between parents based on their proportional incomes.

Income Calculation

Tennessee calculates gross income from all sources, including wages, salaries, commissions, bonuses, self-employment income, disability benefits, retirement benefits, and investment income. The guidelines cap combined parental income at $28,250 per month—courts have discretion for higher-income families.

Self-Support Reserve

Tennessee protects low-income obligors through a self-support reserve (SSR) set at the federal poverty level for one person—currently $957 per month. However, Tennessee maintains a minimum child support order of $100 per month regardless of income level.

Parenting Time Adjustments

• 92+ parenting days: Support obligation is reduced using a variable multiplier
• 69-91 parenting days: Standard calculation applies (no adjustment)
• 68 or fewer parenting days: A per-diem increase is added to the PRP's support

Additional Support Components

• Health insurance: The parent who can obtain coverage at the most reasonable cost typically provides it
• Uninsured medical expenses: Divided proportionally based on parental income
• Childcare costs: Work-related childcare expenses are added to the basic support calculation
• Educational expenses: Private school or special education costs when appropriate

Support Duration

Child support in Tennessee continues until the child turns 18. If the child is still in high school at age 18, support continues until high school graduation or age 19, whichever occurs first. Tennessee charges 6% annual interest on support arrears for orders established after July 1, 2018.

Tennessee Child Support Calculator

Use this calculator to estimate child support under Tennessee's Income Shares guidelines:

Note: This calculator provides estimates only. Actual support amounts depend on additional factors including parenting time adjustments, healthcare costs, childcare expenses, and other deviations allowed under Tennessee guidelines.

Modifying Custody and Support Orders

Tennessee allows modification of custody and support orders when circumstances change significantly. For custody modifications, the requesting parent must demonstrate a material change in circumstances affecting the child's best interests. Child support modifications require showing that a recalculation would result in at least a 15% change from the current order.

Either parent may request a support review through the Tennessee Department of Human Services every three years, even without demonstrating changed circumstances.

Parental Relocation in Tennessee

Tennessee has specific requirements for parents who wish to relocate with children under T.C.A. § 36-6-108. A parent planning to move must provide written notice to the other parent at least 60 days before the proposed relocation. The notice must include:

• The intended relocation date
• The new address and telephone number (if known)
• Reasons for the proposed relocation
• A proposed revised parenting schedule

The non-relocating parent has 30 days to file an objection. If no objection is filed, the relocating parent may move.

Tennessee Family Law Resources

• Tennessee Code – Parenting Plan Requirements (T.C.A. § 36-6-401 et seq.)
• Tennessee Department of Human Services – Child Support Services
• Tennessee Permanent Parenting Plan Requirements (T.C.A. § 36-6-404)
• Tennessee Child Support Guidelines

Frequently Asked Questions

At what age can a child choose which parent to live with in Tennessee? Tennessee law gives courts discretion to consider a child's preference at any age, but children 12 and older have their reasonable preferences given particular weight. The child's preference is never the sole determining factor.

How long does a Tennessee divorce take with children? The minimum timeframe is 90 days from filing when minor children are involved. Contested divorces typically take six months to over a year. Both parents must complete the parent education course before finalization.

Does Tennessee favor mothers in custody cases? No. Tennessee law prohibits gender bias in custody determinations. Courts evaluate custody based solely on best interest factors.

What is the minimum child support in Tennessee? Tennessee maintains a minimum child support order of $100 per month, even when the obligor's income falls below the self-support reserve.

Can grandparents get custody in Tennessee? Tennessee allows grandparents to seek visitation rights and, in certain circumstances, custody. Grandparent custody typically requires showing that both parents are unfit or that placement with grandparents serves the child's best interests.