Child Custody in Tennessee
Nashville Child Custody & Parenting Time Lawyers
Few legal battles are more emotional—or more important—than those involving your children. Whether custody is being decided for the first time in a divorce or paternity case, or you’re seeking a change in an existing order, the outcome will shape your child’s daily life, relationships, and future. You need a legal team that combines trial experience with a deep understanding of Tennessee’s parenting laws and the realities families face.
Freeman & Fuson represents parents across Middle Tennessee in custody, parenting time, and visitation disputes arising in divorce, post-divorce modification, orders of protection, and juvenile court matters. We take the time to understand your goals as a parent, explain how Tennessee law applies, and build a strategy focused on one central question: what outcome best serves your child’s best interests.
Where Child Custody Issues Arise
Child custody and parenting time issues can come up in many types of cases, including:
- Divorce and legal separation actions
- Post-divorce modification cases
- Paternity and parentage actions
- Dependency and neglect or juvenile court proceedings
- Orders of protection where parenting time is affected
Tennessee law uses the term “parenting responsibilities” and requires courts to adopt a Permanent Parenting Plan in most cases involving minor children under T.C.A. § 36-6-404. Physical custody, legal decision-making, and parenting time are all addressed in that plan.
“Best Interest of the Child” Standard
In Tennessee, custody decisions must be made based on the best interest of the child, as set out in T.C.A. § 36-6-106 and related provisions such as T.C.A. § 36-6-101. The court looks at all relevant factors, including but not limited to:
Love, affection, and emotional ties
The strength of the emotional bond between each parent and the child.
Ability to provide care
Each parent’s disposition and past performance in providing food, clothing, medical care, education, and daily needs—and the degree to which a parent has been the primary caregiver.
Continuity and stability
The importance of continuity in the child’s life, how long the child has lived in a stable, satisfactory environment, and the stability of each parent’s home and family unit.
Mental and physical health of the parents
The overall health of each parent as it affects their ability to care for and safely parent the child.
Home, school, and community record of the child
How the child is doing at home, in school, and in the community.
Child’s preference
The reasonable preference of a child 12 years or older; the court may hear the wishes of a younger child upon request, and preferences of older children typically receive more weight.
Evidence of abuse
Any history or evidence of physical or emotional abuse to the child, the other parent, or others in the home. This includes findings of child abuse under T.C.A. §§ 39-15-401, 39-15-402 or child sexual abuse as defined in T.C.A. § 37-1-602. Importantly, T.C.A. § 36-6-106(a)(8) protects a non-perpetrating parent who relocates to flee an abusive parent—such relocation cannot be held against that parent.
Other adults in the home
The character and behavior of anyone living in or frequently staying in a parent’s home and their interactions with the child.
Past and potential parenting performance
Each parent’s history and potential for fulfilling parenting responsibilities, including willingness and ability to foster a close, continuing relationship between the child and the other parent.
By statute, gender cannot be used as a presumption for or against either parent. Tennessee law expressly states that the gender of the party seeking custody may not create a presumption of fitness or be treated as a factor in awarding custody.
Parenting Plans & Custody Agreements
Under
T.C.A. § 36-6-404 and
§ 36-6-406, Tennessee courts require a Permanent Parenting Plan in most cases.
Parents can agree on:
- Day-to-day and holiday parenting schedules
- Decision-making authority (education, medical, extracurricular, religion)
- Transportation and exchange arrangements
- Communication guidelines
- Child support (subject to Tennessee’s Child Support Guidelines)
The court will approve an agreed plan only if:
- It complies with any statutory limitations on a parent’s decision-making authority (including safety restrictions under T.C.A. § 36-6-406),
- It is knowing and voluntary, and
- It is in the best interest of the child.
Agreements that fail to protect the child’s safety or unfairly cut one parent out of the child’s life are unlikely to be approved. We work with clients to craft parenting plans that are realistic, child-centered, and likely to be accepted by the court.
Modifying Custody or Parenting Time
Life changes: jobs move, children get older, schedules shift, and sometimes existing parenting arrangements no longer work. Under T.C.A. § 36-6-101, a court may modify parenting arrangements when:
- There has been a material change in circumstances, and
- The proposed change is in the child’s best interest.
Material changes can include:
- Significant relocation by a parent
- Persistent interference with parenting time
- Changes in a child’s needs, schooling, or health
- Substance abuse, criminal behavior, or new safety concerns
- Changes in work schedules that affect caregiving
We help parents seek appropriate modifications—or defend against changes that are not truly in the child’s best interests.
Custody in Orders of Protection & Juvenile Cases
Child custody can also be impacted in:
- Orders of Protection, where the court may temporarily restrict contact or parenting time due to allegations of abuse or threats
- Juvenile court actions, including dependency and neglect cases, where the state alleges that a child is not receiving proper care
These cases can move quickly and have serious consequences for both parental rights and future custody proceedings. Having experienced counsel early is critical.
How Freeman & Fuson Approaches Child Custody Cases
In custody matters, our work typically includes:
Listening to your goals as a parent and explaining how Tennessee law applies
Evaluating the history of caregiving, your child’s needs, and any safety concerns
Gathering evidence—school records, medical records, texts/emails, witness testimony
Negotiating parenting plans focused on stability and the child’s best interests
Litigating custody and parenting time issues when settlement is not possible
We know that for parents, “winning” is not about paperwork—it’s about time with your children, their safety, and their long-term well-being.
Talk to a Nashville Child Custody Lawyer Today
If you’re facing a child custody dispute—whether in divorce, post-divorce modification, an order of protection, or juvenile court—you don’t have to navigate it alone; call Freeman & Fuson at (615) 298-7272 or contact us online for a confidential consultation, and we’ll review your situation, explain how Tennessee custody laws under T.C.A. §§ 36-6-101, 36-6-106, and related statutes apply to your case, and pursue the strongest path to protect your children and your parental rights.