Tennessee Family Court:
What You Need to Know
Last reviewed: 2026-02
Just got served? Here's your priority list.
- 1. Note the response deadline on your paperwork. Missing it can result in a default judgment.
- 2. Start documenting everything today: texts, exchanges, incidents. Timestamps matter.
- 3. Read the best interest factors below to understand what your judge will evaluate.
This information is for educational purposes only and does not constitute legal advice. Tennessee family law changes frequently. Always verify current statutes at lexisnexis.com/hottopics/tncode and consult a licensed Tennessee attorney for your specific situation.
Court System Overview
Circuit Court and Chancery Court
Tennessee handles child custody matters through both Circuit Courts and Chancery Courts, depending on the county. In some counties, a single court has jurisdiction over all domestic relations cases, while in others, jurisdiction may be split. Several larger counties (including Davidson, Shelby, Knox, and Hamilton) have dedicated divisions or separate courts for family law matters. Cases are governed primarily by Tenn. Code Ann. Title 36, Chapter 6 (Custody and Visitation). Tennessee uses the terms "parenting plan" and "residential parent" rather than traditional custody and visitation terminology. Every custody arrangement must be memorialized in a Permanent Parenting Plan under Tenn. Code Ann. 36-6-404.
Legal Custody
Tennessee does not use the term "legal custody" in its statutes. Instead, the Permanent Parenting Plan allocates decision-making authority between parents for major decisions concerning the child's education, healthcare, religious upbringing, and extracurricular activities. Under Tenn. Code Ann. 36-6-407, the court may allocate sole decision-making to one parent, joint decision-making to both parents, or divide decision-making by category. The parenting plan must specify how disagreements regarding major decisions will be resolved.
Physical Custody
Tennessee does not use the term "physical custody." Instead, the parenting plan designates one parent as the Primary Residential Parent (PRP) and the other as the Alternate Residential Parent (ARP). The parenting plan establishes a residential schedule specifying the days each parent has the child, including provisions for holidays, school breaks, and summer. Under Tenn. Code Ann. 36-6-404, every parenting plan must include a detailed residential schedule for both parents.
Presumption
Tennessee law does not establish a presumption in favor of either parent or any particular custody arrangement. Under Tenn. Code Ann. 36-6-106, the policy of the state is to encourage parents to maintain full and equal participation in the lives of their children after separation or divorce. However, the court determines the parenting arrangement based on the child's best interest, and there is no statutory presumption of equal parenting time. Gender-based presumptions are prohibited.
Best Interest Factors
Tenn. Code Ann. 36-6-106(a)
The court evaluates the following factors when determining custody arrangements. Each factor represents an area where documented evidence can make a difference.
- 1 The strength, nature, and stability of the child's relationship with each parent, including which parent has performed the greater share of parenting responsibilities (Tenn. Code Ann. 36-6-106(a)(1) and (10))
- 2 Each parent's past and potential for future performance of parenting responsibilities, including the willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship with the other parent (Tenn. Code Ann. 36-6-106(a)(10) and (13))
- 3 The love, affection, and emotional ties existing between each parent and the child (Tenn. Code Ann. 36-6-106(a)(2))
- 4 The child's interaction and interrelationship with parents, siblings, and any other person who may significantly affect the child's best interests (Tenn. Code Ann. 36-6-106(a)(6))
- 5 The disposition of each parent to provide the child with food, clothing, medical care, education, and other necessary care (Tenn. Code Ann. 36-6-106(a)(3))
- 6 The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment (Tenn. Code Ann. 36-6-106(a)(4))
- 7 The mental and physical health of each parent and the child (Tenn. Code Ann. 36-6-106(a)(8))
- 8 Evidence of physical or emotional abuse to the child, the other parent, or any other person, including whether there is a pattern of such abuse (Tenn. Code Ann. 36-6-106(a)(5) and (11))
- 9 The reasonable preference of the child if 12 years of age or older; the court may hear the preference of a younger child on request (Tenn. Code Ann. 36-6-106(a)(7))
- 10 Each parent's employment schedule and the court's assessment of the ability of each parent and the child to adjust to any change (Tenn. Code Ann. 36-6-106(a)(9))
Note: Tennessee has one of the most detailed statutory lists of best interest factors in the country. The court must consider all fifteen factors enumerated in Tenn. Code Ann. 36-6-106(a) and may consider any additional factors it deems relevant. The statute explicitly prohibits gender-based preferences. A child aged 12 or older has the right to have their preference heard, though the court is not bound by the child's wishes. If there is credible evidence of domestic abuse, the court must also consider the factors under Tenn. Code Ann. 36-6-406(d).
Every factor above is something you can document.
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Documentation the Court Expects
Tennessee courts expect organized, factual evidence addressing the fifteen best interest factors in Tenn. Code Ann. 36-6-106(a). Both parties must submit a proposed Permanent Parenting Plan to the court. Financial affidavits are required for child support calculations. Parents should be prepared with evidence of their daily involvement in the child's life, and any allegations of domestic violence or substance abuse must be supported by concrete documentation.
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Filing Process
Step by Step
- 1 Determine the correct county for filing: custody actions should be filed in the county where the child has resided for the past six months under the UCCJEA, or in the county where a divorce is pending
- 2 Obtain the required forms from the court clerk's office or the Tennessee Administrative Office of the Courts (AOC) website
- 3 Complete the Complaint for Custody (or Complaint for Divorce if custody is part of a divorce proceeding), the UCCJEA Affidavit, and a proposed Permanent Parenting Plan
- 4 File the complaint with the Clerk of Court and pay the applicable filing fee; if you cannot afford the fee, file an Affidavit of Indigency requesting a fee waiver
- 5 Serve the other parent with the complaint and summons through the county sheriff, a private process server, or certified mail as permitted under the Tennessee Rules of Civil Procedure
- 6 The respondent has 30 days after service to file an answer or responsive pleading
- 7 Attend a court-ordered parenting education class as required by Tenn. Code Ann. 36-6-408; both parents must complete a four-hour parent education and family stabilization course before the court will enter a final parenting plan
- 8 Attend mediation, settlement conferences, or trial as scheduled; if the parties cannot agree, the court will conduct a hearing and enter a Permanent Parenting Plan based on the child's best interests
Required Forms
- Permanent Parenting Plan (Form 2, Tennessee AOC) →
- Child Support Worksheet →
- UCCJEA Affidavit (Child Custody Jurisdiction)
- Affidavit of Indigency (fee waiver request)
Typical Timeline
Tennessee requires a mandatory 90-day waiting period from filing to finalize a divorce with children (60 days without children). Uncontested cases with an agreed parenting plan may be resolved shortly after the waiting period. Contested cases typically take 6 to 18 months, depending on the county, the complexity of the issues, and whether the court orders custody evaluations. Temporary parenting orders can be obtained on an expedited basis.
Self-Represented (Pro Se) Notes
Tennessee allows self-representation in custody cases. The Tennessee Administrative Office of the Courts provides parenting plan forms and instructions on its website at tncourts.gov. Court clerks can provide forms and procedural information but cannot give legal advice. Pro se litigants must comply with the Tennessee Rules of Civil Procedure and all court deadlines. Legal Aid Society of Middle Tennessee and the Cumberlands, West Tennessee Legal Services, and Legal Aid of East Tennessee offer free legal assistance to qualifying individuals.
Read the full Pro Se GuideFiling for custody? Get the step-by-step playbook.
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Modifying a Custody Order
What Counts as a Material Change
To modify a Permanent Parenting Plan in Tennessee, the parent seeking modification must demonstrate a material change in circumstance that has occurred since the entry of the current plan. Under Tenn. Code Ann. 36-6-101(a)(2)(B) and (C), the threshold depends on the type of modification requested. If the modification would result in a change of the primary residential parent or would significantly reduce the other parent's parenting time, the petitioner must show that the change materially affects the child's well-being. For modifications that do not change the primary residential parent, a lower threshold may apply.
How to File for Modification
File a Petition to Modify the Permanent Parenting Plan in the court that entered the original order or the court with current jurisdiction. The other parent must be served with the petition. The court evaluates whether a material change in circumstance has occurred and, if so, whether modification serves the child's best interests under Tenn. Code Ann. 36-6-106(a). Mediation may be ordered before the modification hearing.
Building Your Case Over Time
Document the specific changes that have occurred since the current parenting plan was entered. Evidence should address the best interest factors and demonstrate how the current arrangement no longer serves the child's welfare. Common grounds include relocation, changes in the child's educational or health needs, substance abuse, domestic violence, repeated violation of the parenting plan, or a significant change in a parent's work schedule or living situation.
Modifications require a documented trail of change.
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Key Deadlines & Tips
Deadlines to Know
- 90-day mandatory waiting period from filing before a divorce with children can be finalized in Tennessee
- The respondent has 30 days after service to file an answer or responsive pleading
- Both parents must complete a mandatory four-hour parent education and family stabilization course under Tenn. Code Ann. 36-6-408 before the court will enter a final Permanent Parenting Plan
- A child's preference may be heard if the child is 12 years of age or older; younger children may be heard at the court's discretion under Tenn. Code Ann. 36-6-106(a)(7)
- Appeals from trial court custody orders must be filed within 30 days of entry of the final order
- Relocation notice must be provided to the other parent at least 60 days before a proposed move under Tenn. Code Ann. 36-6-108
Practice Tips for Tennessee
Tennessee requires a Permanent Parenting Plan in every custody case. Familiarize yourself with the parenting plan form and terminology, including "Primary Residential Parent" (PRP) and "Alternate Residential Parent" (ARP), before filing.
Both parents must complete a mandatory four-hour parent education course before the court will finalize a parenting plan. Enroll early to avoid delays in your case.
Tennessee courts apply fifteen specific best interest factors under Tenn. Code Ann. 36-6-106(a). Organize your evidence around these factors to present a compelling case.
Keep a detailed parenting log recording your residential time, daily care activities, school involvement, and medical appointments. This evidence directly supports the factors the court must consider.
If domestic violence is a factor, obtain an Order of Protection under Tenn. Code Ann. 36-3-601 and provide thorough documentation. Evidence of abuse significantly impacts custody determinations in Tennessee.
Tennessee courts value each parent's willingness to encourage the child's relationship with the other parent. Demonstrate cooperative co-parenting, and avoid interfering with the other parent's residential time.
Official Resources
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This information is for educational purposes only and does not constitute legal advice. Family law varies by jurisdiction and county. Consult a licensed attorney for advice specific to your situation. Last reviewed: 2026-02.