Child Custody Laws in Tennessee

Custody is decided by the best interest of the child, and the court must order an arrangement that lets both parents participate as much as possible consistent with the child's best interest. Factors include the strength of each parent-child relationship and who has done most of the daily parenting, each parent's willingness to support the other's relationship with the child, refusal to attend a required parent education seminar, ability to provide care, the child's stability and adjustment, health, abuse, the character of others in each home, and the reasonable preference of a child 12 or older (a younger child's preference may be heard on request). There is no preference or presumption for or against joint or sole custody, but joint custody is presumed to be in the child's best interest when the parents agree to it.

In domestic abuse cases, a court may issue an ex parte (emergency) order of protection for good cause; an immediate and present danger of abuse to the petitioner counts as good cause. A hearing must be held within 15 days after the order is served, where the court dissolves or extends it. An order of protection can award temporary custody of, or set temporary visitation for, the parties' minor children, but that relief may be ordered only after both sides have had an opportunity to be heard.

In any case where a permanent parenting plan is or will be entered, each parent must attend a parent education seminar of at least four hours total as soon as possible after the complaint is filed. The seminar covers protecting children's emotional development, the legal process, alternative dispute resolution and domestic violence. Parties pay a reasonable fee, which may be waived for indigent persons. A divorce may not be denied because a party did not attend, but refusing to attend may be considered as a lack of good faith in custody decisions.