Child custody disputes are some of the most emotional and stressful cases in Tennessee family law. Whether you’re going through a divorce, modifying an old parenting plan, or dealing with an emergency situation, understanding how Tennessee judges actually make custody decisions is critical.
This guide breaks down the real factors that courts consider, the mistakes that harm cases, and strategies parents can use to protect their time, rights, and relationship with their children.
1. Tennessee Uses the “Best Interest of the Child” Standard
Tennessee courts do not favor mothers over fathers — at least not in the law. The statute controlling custody decisions is Tenn. Code Ann. §36-6-106, which lists 15 “best interest” factors.
Judges must analyze every factor when determining:
- Who receives primary residential parent (PRP) status
- What the parenting schedule will be
- Whether decision-making authority is joint or sole
- Whether a modification is appropriate
These factors apply whether the parties are divorcing or were never married.
2. The 15 Tennessee Custody Factors Explained
Here’s a breakdown of the 15 statutory factors judges look at — and what they really mean in practice.
Factor 1: Love, Affection, and Emotional Ties
Judges evaluate the strength of the child’s relationship with each parent.
They look for evidence of:
- Daily involvement
- Bonding
- Positive communication
- Healthy routines
A strong emotional connection is a major advantage.
Factor 2: Ability to Provide Food, Clothing, Medical Care, and Education
This doesn’t mean the wealthier parent wins.
Instead, courts look at who:
- Ensures school attendance
- Handles medical appointments
- Meets daily needs
- Provides a stable home
Consistency is more important than income.
Factor 3: Parenting Responsibilities Performed Before Litigation
This is one of the most heavily weighted factors.
Judges ask: Who has been doing the actual parenting?
Evidence includes:
- Meal prep
- Bathing
- Homework help
- Driving to school or activities
- Doctor visits
- Disciplinary decisions
“Primary caregiver” status carries weight.
Factor 4: Willingness to Foster a Relationship With the Other Parent
Courts strongly prefer the parent who encourages:
- Cooperation
- Communication
- Meaningful involvement by the other parent
Parents who:
- Withhold information
- Interfere with parenting time
- Speak badly about the other parent
- …appear hostile and may lose parenting time.
Factor 5: Need for Continuity and Stability
Judges want to avoid disruption.
They examine:
- Existing routines
- School continuity
- Proximity to extended family
- Housing stability
A parent seeking a major change must justify why it benefits the child.
Factor 6: Stability of Each Parent’s Home Environment
Courts look at:
- Safety
- Cleanliness
- Space for the child
- Predictable routines
Even subtle concerns can influence decisions.
Factor 7: Mental and Physical Health of Each Parent
This includes:
- Mental health diagnoses
- Medication management
- Physical limitations
- Substance abuse history
A health issue doesn’t automatically work against a parent — but unmanaged issues do.
Factor 8: Home, School, and Community Record of the Child
Judges consider:
- Grades
- Behavior
- Friendships
- Involvement in sports or activities
They want to avoid unnecessary disruption.
Factor 9: Reasonable Preference of the Child (When Applicable)
In Tennessee:
- Children 12 or older may express a preference
- Children under 12 may still be considered if mature
Judges consider the child’s wishes — but do not have to follow them.
Factor 10: Evidence of Physical or Emotional Abuse
Any evidence of abuse — proven or credible — is heavily considered.
Even unproven allegations must be carefully handled.
Factor 11: Character, Behavior, and Conduct of Each Parent
Courts examine anything affecting the child’s well-being:
- Criminal history
- Substance use
- Conflict with neighbors
- Inappropriate partners or household guests
Parents should avoid anything that can be construed as “poor judgment.”
Factor 12: Employment Schedule of Each Parent
Work schedules matter — especially for younger children.
Judges consider:
- Overnight availability
- Flexibility
- Travel requirements
- Shift work
Parents with demanding schedules can still win custody if they show strong support systems.
Factor 13: Other Relevant Factors
This catch-all includes:
- New relationships
- Transportation reliability
- Cooperation with schools
- Ability to resolve conflict peacefully
Anything impacting the child’s welfare is fair game.
Factors 14 & 15: Relocation Considerations
When one parent wants to move — especially out of state — the court analyzes:
- Motivation for the move
- Effect on the child
- Ability to maintain meaningful contact
- Educational opportunities
Relocation cases are some of the most complicated in Tennessee law.
3. Biggest Mistakes Parents Make During a Custody Case
Even strong cases can be damaged by emotional reactions.
Here are the mistakes that most commonly hurt parents:
Angry Texts or Social Media Posts
Screenshots are powerful evidence.
Talking Badly About the Other Parent
Judges view this as harmful to the child.
Withholding the Child
Unless there is a genuine safety issue, this is seen as alienation.
Ignoring Court Orders
Even small violations add up.
Involving the Children in the Conflict
Courts strongly disapprove.
Refusing Reasonable Communication
Judges want to see cooperation.
4. Strategies to Strengthen Your Custody Case
The strongest cases are built through documentation, consistency, and child-focused thinking.
Strategy 1: Keep a Parenting Journal
Record:
- Exchanges
- Activities
- School involvement
- Problems or concerns
Strategy 2: Save Important Communications
Texts, emails, and school records often become key evidence.
Strategy 3: Be Child-Focused — Not Parent-Focused
Courts reward parents who put the child’s needs above winning.
Strategy 4: Communicate Positively
Be polite, focused, and solution-oriented.
Strategy 5: Maintain Stability
Keep the child’s routine as consistent as possible during the dispute.
Strategy 6: Avoid New Conflict
Police reports or new allegations can change everything.
Strategy 7: Seek Legal Guidance Early
Early planning prevents mistakes that can’t be undone.
5. What Happens in a Tennessee Custody Case
Custody cases generally involve:
Mediation
Required in most cases before trial.
Proposed Parenting Plans
Each parent submits a proposed schedule.
Discovery (When Necessary)
Financial records, school documents, medical reports, and communications may be requested.
Court Hearings
Temporary or emergency hearings may occur.
Trial
If the case doesn’t settle, the judge makes the final decision.
6. Modifying Custody After the Initial Order
To modify custody in Tennessee, a parent must show:
Material Change in Circumstances
Examples include:
- New job schedules
- Relocation
- Significant changes in the child’s needs
- Safety concerns
- Interference with parenting time
Best Interest of the Child
Even if circumstances change, the court must still find that a modification improves the child’s life.
7. Final Thoughts: How to Protect Your Parental Rights
Custody cases are stressful, but understanding the law — and the factors that actually matter — helps parents avoid costly mistakes.
If you’re facing a custody dispute, divorce, or parenting plan modification in Tennessee, you don’t have to navigate it alone. An experienced family law attorney can help you build a strong case, protect your parental rights, and secure a schedule that reflects the child’s best interest.