Tennessee Child Custody: Best Interest Factors

Tennessee determines child custody using 15 statutory best interest factors set out in TCA Section 36-6-106. Unlike states that give judges broad discretion, Tennessee requires courts to evaluate each factor on the record. The state also mandates a permanent parenting plan in every custody case and requires both parents to complete a parenting education course.

For a general overview of custody laws across the country, see our guide on child custody laws explained.

Types of Custody in Tennessee

Tennessee law uses specific terms to describe custody arrangements:

Primary Residential Parent

The primary residential parent (PRP) is the parent the child lives with most of the time — equivalent to “custodial parent” in other states.

Alternate Residential Parent

The alternate residential parent (ARP) has parenting time according to the schedule in the parenting plan — equivalent to the “non-custodial parent.”

Joint Decision-Making

Tennessee courts often award joint decision-making authority — both parents share the right to make major decisions about education, healthcare, religious upbringing, and extracurricular activities. The parenting plan must specify how disagreements will be resolved.

Equal Parenting Time

Tennessee has moved increasingly toward equal or near-equal parenting time when both parents are fit. While there is no statutory presumption of equal time, courts recognize the value of both parents remaining actively involved.

The 15 Best Interest Factors (TCA Section 36-6-106)

Tennessee law requires the court to consider the following 15 factors when determining the custody arrangement that serves the child’s best interest:

Factor 1: Love, Affection, and Emotional Ties

The court examines the love, affection, and emotional ties between each parent and the child. A parent who has been consistently present — providing emotional support, comfort, and nurturing — typically demonstrates a stronger bond.

Factor 2: Capacity to Provide for the Child’s Needs

This factor assesses each parent’s ability and disposition to give the child love, affection, and guidance. It is forward-looking — the court considers not just what each parent has done, but what each parent is capable of providing.

Factor 3: Capacity to Provide Food, Clothing, and Medical Care

The court evaluates each parent’s ability to provide food, clothing, education, medical care, and other necessities. Financial resources are relevant but not dispositive.

Factor 4: Length of Time in a Stable Environment

The length of time the child has lived in a stable, satisfactory environment matters significantly. Courts are generally reluctant to disrupt a living arrangement that works well for the child.

Factor 5: Permanence of the Family Unit

The court examines the permanence, as a family unit, of the existing or proposed custodial home — including the presence of other family members, the likelihood of relocations, and the overall sense of stability.

Factor 6: Moral, Physical, and Emotional Fitness

The moral, physical, mental, and emotional fitness of each parent is relevant. The court focuses on whether specific conduct — substance abuse, criminal behavior, or exposing the child to harmful situations — affects the child’s well-being.

Factor 7: Home, School, and Community Record

The court evaluates the child’s adjustment to home, school, and community. Academic performance, friendships, and extracurricular involvement all factor in. Disrupting a well-established routine weighs against a proposed change.

Factor 8: Child’s Preference

If the child is 12 years of age or older, the court must consider the reasonable preference of the child. The child’s wishes are given weight appropriate to the child’s age, maturity, and reasoning. For children under 12, the court may still consider preferences but gives them less weight.

Factor 9: Evidence of Domestic Violence

Evidence of physical or emotional abuse to the child, the other parent, or any other person is a critical factor. Tennessee law takes domestic violence seriously in custody determinations. Under TCA Section 36-6-406, if a parent has a history of domestic abuse, there is a rebuttable presumption that it is not in the child’s best interest to place the child in the custody of the abusive parent.

The abusive parent can overcome this presumption only by demonstrating completion of a treatment program, cessation of abusive behavior, and that custody serves the child’s best interest despite the history. Evidence of domestic violence — including police reports, orders of protection, and medical records — carries enormous weight.

Factor 10: Which Parent Is More Likely to Foster a Relationship with the Other Parent

The court examines which parent is more likely to allow and encourage frequent and continuing contact between the child and the other parent. A parent who denies parenting time, speaks negatively about the other parent, or attempts parental alienation is viewed unfavorably.

This factor is sometimes called the “friendly parent” factor and can significantly influence the outcome when both parents are otherwise equally fit.

Factor 11: Willful Refusal to Attend Parent Education

If either parent has willfully refused to attend the mandatory parent education seminar required by TCA Section 36-6-408, the court weighs this refusal against that parent.

Factor 12: Disposition to Provide a Consistent Routine

The court assesses each parent’s disposition to provide consistent daily routines — discipline, homework, bedtime, and other aspects of daily life that contribute to stability.

Factor 13: Character and Behavior of Others in the Household

The court may consider the character and behavior of any other person who resides in or frequents the home and that person’s interactions with the child.

Factor 14: Reasonable Work Schedule

Each parent’s work schedule and how it allows for meaningful time with the child is relevant. A parent whose schedule permits regular involvement in daily life may have an advantage.

Factor 15: Any Other Factor

The court may consider any other factors it deems relevant — a catch-all provision for unique circumstances not covered by the first 14 factors.

The Comparative Fitness Standard

Tennessee applies a comparative fitness analysis in custody disputes. This means the court does not simply ask whether each parent meets a minimum standard of fitness — it compares the parents to each other across all 15 best interest factors to determine which arrangement best serves the child.

In practice, this means that a parent does not need to prove the other parent is “unfit” to gain a custody advantage. Instead, the court evaluates the relative strengths and weaknesses of each parent. A parent who is consistently more involved, more stable, and more willing to foster the child’s relationship with the other parent may be designated the primary residential parent, even if the other parent is also a good parent.

Mandatory Parenting Plan

Tennessee requires a permanent parenting plan in every case involving minor children. Under TCA Section 36-6-404, the plan must include:

• A residential schedule for every day of the year, including holidays and vacations
• Decision-making authority on education, healthcare, religious upbringing, and extracurricular activities
• A child support worksheet based on Tennessee’s income shares model
• Dispute resolution provisions — such as mediation before returning to court
• Transportation arrangements for exchanges between homes

If the parents agree, they submit a joint plan. If not, each submits a separate plan, and the court creates one.

Parent Education Requirement

Both parents must complete a court-approved parent education course of at least four hours, as required by TCA Section 36-6-408. The course covers the impact of divorce on children, communication strategies, and conflict reduction. Both parents must complete it before the court will finalize the custody arrangement.

Domestic Violence Provisions

Tennessee law contains strong protections for children and parents in cases involving domestic violence:

• Rebuttable presumption against custody. Under TCA Section 36-6-406, if a parent has engaged in a pattern of domestic abuse or a single severe incident, there is a presumption against placing the child in that parent’s custody.
• Supervised parenting time. The court may order supervised visitation if there is a risk of harm to the child.
• Orders of protection. A victim of domestic violence can obtain an order of protection under TCA Section 36-3-601 that includes custody and parenting time provisions.
• No mediation requirement. The court may waive mediation in domestic violence cases.

Modifying a Custody Order

A custody order can be modified upon a material change in circumstances affecting the child’s best interest. Under TCA Section 36-6-101(a)(2)(B), within the first two years, the standard is higher — the parent must show the child’s current environment poses a risk of substantial harm. After two years, the standard relaxes to a general material change in circumstances test.

What to Do Next

If you are facing a custody dispute in Tennessee, document your involvement in your child’s life — school activities, medical appointments, extracurricular events, and daily caregiving. Maintain a stable home environment and demonstrate willingness to cooperate with the other parent.

For more on custody topics, see our guides on types of child custody and how child custody is determined.

To discuss your case with an experienced family law attorney, schedule a free consultation. A Tennessee custody attorney can help you evaluate your case across all 15 best interest factors and develop a strategy that protects your relationship with your child.

Frequently Asked Questions

At what age can a child choose which parent to live with in Tennessee?

At age 12, a child’s reasonable preference must be considered by the court under TCA Section 36-6-106. However, the child does not get to “choose” — the judge weighs the preference alongside all other best interest factors. A child’s preference is influential but not controlling, and the court will evaluate whether the preference is genuine and not the product of coaching.

Does Tennessee favor mothers in custody cases?

No. Tennessee law does not create a presumption in favor of either parent based on gender. The court evaluates custody based solely on the 15 best interest factors and the comparative fitness of each parent. Both mothers and fathers have equal legal standing in custody proceedings.

What is the difference between a primary residential parent and an alternate residential parent?

The primary residential parent (PRP) is the parent the child lives with the majority of the time. The alternate residential parent (ARP) has parenting time according to the schedule in the parenting plan. Both parents typically share joint decision-making authority on major issues like education and healthcare.

Can I modify a custody order in Tennessee?

Yes. Either parent can petition the court to modify custody if there has been a material change in circumstances since the order was entered. Within the first two years, the standard is higher — you must show a risk of substantial harm to the child. After two years, you must demonstrate a material change that makes modification in the child’s best interest.

What happens if one parent refuses to follow the parenting plan?

If a parent violates the parenting plan — by denying parenting time, failing to follow the residential schedule, or disregarding decision-making provisions — the other parent can file a petition for contempt with the court. Consequences for contempt may include make-up parenting time, attorney fee awards, fines, or in severe cases, modification of custody in favor of the compliant parent.