Child Custody in Tennessee (2026)

Tennessee’s Mandatory Parenting Plan and 16 Best Interest Factors

Tennessee’s custody system is built around two foundational requirements that apply to every case involving children: a mandatory permanent parenting plan and a structured evaluation under 16 statutory best interest factors. Together, these requirements create one of the most detailed custody frameworks in the country.

Under T.C.A. Section 36-6-404, every divorce or custody case involving minor children must include a permanent parenting plan. This is not optional — the court will not finalize a case without one. The parenting plan must specify the residential schedule (including weekdays, weekends, holidays, school breaks, and summer), allocate decision-making authority for education, healthcare, religious upbringing, and extracurricular activities, establish a method for resolving future parenting disputes, and address transportation arrangements and child support. Parents may negotiate and submit an agreed plan, but if they cannot reach agreement, the court imposes one after a hearing.

When the court must decide custody — whether approving a contested plan or resolving a modification — it applies the 16 best interest factors enumerated in T.C.A. Section 36-6-106(a). These range from the love and emotional ties between each parent and child, to each parent’s willingness to facilitate a close relationship with the other parent, to evidence of physical or emotional abuse. The statute also gives weight to the reasonable preference of a child who is 12 years of age or older. As of July 1, 2024, SB 1058 established a rebuttable presumption that joint legal custody and equally shared parenting time is in the child’s best interest — a significant shift that reinforces the state’s emphasis on both parents maintaining active roles in their children’s lives.

Overview of Tennessee Custody Law

Tennessee custody law is governed primarily by T.C.A. Section 36-6-106, which establishes a comprehensive framework for determining custody arrangements based on the best interests of the child. Tennessee uses the traditional terms “custody” and “visitation” but requires all custody cases to include a permanent parenting plan that details each parent’s rights and responsibilities.

Tennessee courts do not favor one parent over the other based on gender. The state emphasizes maintaining the child’s relationship with both parents and encourages cooperative co-parenting. As of July 1, 2024, SB 1058 established a rebuttable presumption that joint legal custody and equally shared parenting time is in the child’s best interest. A mandatory parenting education program is required for all parents involved in custody proceedings.

Types of Custody in Tennessee

Tennessee recognizes both legal and physical custody:

• Joint Legal Custody — Both parents share the authority to make major decisions regarding the child’s education, health care, and religious upbringing. This is common when parents can communicate and cooperate effectively.
• Sole Legal Custody — One parent has the exclusive right to make major decisions for the child. Courts may award sole custody when the parents cannot cooperate or when one parent is unfit.
• Joint Physical Custody — The child spends substantial time with both parents. Tennessee law defines this as each parent having the child for more than 90 days per year (now commonly calculated using the number of overnights).
• Primary Residential Parent (PRP) — The parent with whom the child lives the majority of the time. The other parent is designated as the Alternate Residential Parent (ARP) and has a visitation schedule set out in the parenting plan.

For a broader explanation of custody types, see our guide on child custody laws explained.

Tennessee’s Mandatory Parenting Plan

Tennessee’s permanent parenting plan requirement under T.C.A. Section 36-6-404 is one of the most comprehensive in the country. The plan is a detailed, legally binding document that governs the day-to-day logistics of co-parenting after a divorce or separation. It must be filed with the court and approved by a judge before the case can be finalized.

The parenting plan must address several specific categories. The residential schedule must spell out where the child will be on each weekday, weekend, holiday, school break, and during the summer. The plan must allocate decision-making authority — specifying which parent has final authority over education, non-emergency healthcare, religious upbringing, and extracurricular activities, or whether those decisions are shared. It must include a dispute resolution mechanism (such as mediation) for resolving future disagreements. And it must address practical matters such as transportation for parenting time exchanges and each parent’s income for child support purposes.

Tennessee provides a standardized parenting plan form through the Tennessee Courts website, and courts strongly encourage parents to use it. When parents agree, they submit the plan jointly and the court reviews it to ensure it serves the child’s best interests. When parents cannot agree, each side may propose a plan, and the court holds a hearing to determine the final arrangement. The plan is not a suggestion — it is a court order, enforceable through contempt proceedings. Deviations from the plan require either mutual agreement or a court-approved modification.

Best Interests Factors

Under T.C.A. Section 36-6-106(a), Tennessee courts evaluate 16 factors when determining the best interests of the child:

• The love, affection, and emotional ties between each parent and child
• The disposition of each parent to provide the child with food, clothing, medical care, education, and other necessary care
• The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment
• The stability of the family unit of each parent
• The mental and physical health of each parent
• The home, school, and community record of the child
• The reasonable preference of a child 12 years of age or older (the court may hear the preference of a younger child upon request)
• Evidence of physical or emotional abuse to the child, the parent, or any other person
• The character and behavior of any other person who resides in or frequents the home of a parent and that person’s interactions with the child
• Each parent’s past and potential for future performance of parenting responsibilities, including willingness and ability to facilitate a close and continuing parent-child relationship with the other parent
• Evidence of a parent’s willingness to provide a safe environment free from domestic violence
• Whether the child has been cared for by a de facto custodian
• The emotional needs and developmental level of the child
• The moral, physical, mental, and emotional fitness of each parent
• Whether a parent has failed to pay court-ordered child support for a period of three or more years
• Any other factor deemed relevant by the court

Child’s Preference

Tennessee sets a statutory threshold at age 12 for a child’s custody preference. Under T.C.A. Section 36-6-106(a)(7), the reasonable preference of a child who is 12 years of age or older is one of the best interest factors the court must consider. The court may also hear the preference of a younger child upon request, but is not required to do so. A child’s preference is considered alongside all other factors and is not binding on the court. For more on how courts evaluate these considerations, see our guide on how child custody is determined.

Mandatory Parenting Education

Tennessee requires both parents in custody and divorce cases to complete a parenting education program. Under T.C.A. Section 36-6-413, the court must order both parents to attend a seminar that addresses the impact of separation and divorce on children, effective communication strategies, and the importance of cooperative co-parenting. The program must be completed within the time frame specified by the court, typically before the final hearing.

Relocation Rules

Tennessee has a detailed relocation statute under T.C.A. Section 36-6-108. A parent who spends more than the equivalent of the parenting time allocated by the existing plan must provide written notice to the other parent at least 60 days before a proposed relocation. The notice must include the new address, the reason for the move, and a proposed revised parenting plan.

If the non-relocating parent objects within 30 days, the court holds a hearing. The burden of proof depends on the time-sharing arrangement. If the parent seeking to relocate has been spending the majority of parenting time, the other parent bears the burden of proving the relocation is not in the child’s best interest. If the parents have been spending substantially equal time, the relocating parent bears the burden.

Mediation

Tennessee does not mandate mediation statewide for all custody cases. However, many courts encourage or order mediation as part of the process, and the permanent parenting plan requirement often leads parents to engage in negotiation or mediation to reach an agreement. Some Tennessee counties have court-annexed mediation programs available. Mediation is generally not required in cases involving domestic violence.

Modification of Custody Orders

To modify an existing custody order in Tennessee, the parent seeking the change must demonstrate a material change in circumstances that has occurred since the original order. Under T.C.A. Section 36-6-101(a)(2)(B) and (C), modification requires that the change affects the child’s best interests. The court re-evaluates the arrangement under the same 16 best interest factors. Modification of the primary residential parent designation requires a finding that the modification is in the child’s best interest and that the change in circumstances is sufficiently significant to warrant the disruption to the child’s routine.

When to Seek Legal Help

Tennessee’s custody framework includes 16 best interest factors, a mandatory parenting plan, parenting education requirements, and specific relocation procedures that shape every case. If you are navigating a contested custody dispute, a relocation request, or a modification, consider scheduling a free consultation to discuss your situation with a qualified professional.

Frequently Asked Questions

At what age can a child express a custody preference in Tennessee?

Under T.C.A. Section 36-6-106(a)(7), a child who is 12 years of age or older has their reasonable preference considered as a statutory best interest factor. The court may also hear the preference of a younger child upon request, but is not required to do so.

What is a permanent parenting plan in Tennessee?

Under T.C.A. Section 36-6-404, every custody case must include a permanent parenting plan addressing the residential schedule, decision-making authority for education, health care, religious upbringing, extracurricular activities, dispute resolution, transportation, and child support obligations.

Does Tennessee require a parenting education program?

Yes. Under T.C.A. Section 36-6-413, both parents must complete a court-approved parenting education seminar addressing the impact of separation on children, effective communication strategies, and cooperative co-parenting. This must be completed within the court’s specified timeframe.

What does “PRP” and “ARP” mean in Tennessee custody?

PRP stands for Primary Residential Parent (the parent with whom the child lives the majority of the time). ARP stands for Alternate Residential Parent (the other parent, who has a visitation schedule set out in the parenting plan).

What is the joint custody presumption in Tennessee?

As of July 1, 2024, SB 1058 established a rebuttable presumption that joint legal custody and equally shared parenting time is in the child’s best interest. This means the court starts from the assumption that equal time is appropriate, but either parent can present evidence that a different arrangement would better serve the child. The court still evaluates the full set of 16 best interest factors under T.C.A. Section 36-6-106(a).

Can a parenting plan be changed after it is finalized?

Yes, but only through a court-approved modification. The parent seeking the change must demonstrate a material change in circumstances under T.C.A. Section 36-6-101(a)(2)(B) and (C). The court then re-evaluates the arrangement under the 16 best interest factors. Minor schedule adjustments can sometimes be made by mutual written agreement of both parents, but significant changes to the residential schedule or decision-making authority require court approval.

How This Guide Was Researched

This guide was developed by reviewing T.C.A. Title 36, Chapter 6 (custody and visitation), with particular focus on T.C.A. Section 36-6-106 (the 16 best interest factors and custody determination standards), Section 36-6-404 (permanent parenting plan requirements), Section 36-6-108 (parental relocation notice and hearing procedures), and Section 36-6-413 (mandatory parenting education). The 2024 joint custody presumption was verified from SB 1058 as codified. Court procedures and parenting plan forms were confirmed against Tennessee Courts resources, including the official parenting plan template and self-help center materials.

Sources and Legal References

This guide draws on the following Tennessee statutes and official resources:

• T.C.A. Section 36-6-106(a) — 16 best interest factors for custody determinations
• T.C.A. Section 36-6-404 — Permanent parenting plan requirements, including residential schedule, decision-making authority, and dispute resolution
• T.C.A. Section 36-6-108 — Parental relocation: 60-day notice, burden of proof, and hearing procedures
• T.C.A. Section 36-6-413 — Mandatory parenting education program for both parents
• T.C.A. Section 36-6-101(a)(2)(B) and (C) — Modification of custody orders; material change in circumstances standard
• T.C.A. Section 36-6-306 — Grandparent visitation rights
• SB 1058 (2024) — Rebuttable presumption of joint legal custody and equally shared parenting time

Official Tennessee Resources

• Tennessee Courts — Court-Approved Divorce Forms
• Tennessee Courts — Parenting Plan
• Tennessee Courts — Self-Help Center

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

Tennessee Custody Guides

• Custody in Tennessee
• Custody Best Interest Factors in Tennessee

Tennessee Family Law

• Divorce in Tennessee
• Child Support and Alimony in Tennessee
• Divorce Grounds and Process in Tennessee
• Child Support in Tennessee

National Custody Guides

• Child custody laws explained
• How child custody is determined
• Creating a parenting plan
• Modifying a custody order
• 50/50 custody
• Custody mediation