Child Custody Laws in Tennessee | Shared Parenting, Parenting Plans & Legal Advice

When it comes to child custody cases, Tennessee courts have one guiding principle – protecting the best interests of the children above all else.

But what does that really mean in practice? And how are those “best interests” determined when parents can’t agree on custody arrangements themselves?

Overview of Tennessee Child Custody Laws

In Tennessee, child custody consists of two components – legal custody and physical custody. Legal custody refers to the authority to make major decisions about a child’s upbringing, like education, healthcare, and religion. Physical custody is which parent the child primarily resides with.

Tennessee courts determine custody based on the specific situation and what’s truly best for the child’s welfare, not just the parents’ preferences. Judges evaluate factors laid out in state law, such as the child’s relationship with each parent, any evidence of domestic abuse or substance abuse issues, each parent’s ability to provide necessities like food and shelter and more.

New Tennessee Law on Shared Parenting (Senate Bill 1690)

Beginning July 1, 2024, there will be a new legal presumption in Tennessee that joint legal custody or equal parenting time schedules are in the child’s best interest. This comes from the recently passed Senate Bill 1690. This represents a meaningful shift toward maximizing both parents’ involvement unless specific evidence shows another arrangement would be better.

However, the presumption does not apply if there is an open order of protection against one of the parents related to the child. The court must provide written findings if deviating from the equal time-sharing presumption. This new law aims to prevent parents from being arbitrarily shut out unnecessarily.

If the court chooses not to award joint custody with equal time, it must make explicit written findings in the custody order explaining why the 50/50 presumption was overcome based on the evidence presented.

Determining Child Custody in Tennessee

When making any custody determination for a specific case, the court will evaluate a number of key factors laid out in § 36-6-106, such as:

• The parent-child emotional ties and relationship quality
• Each parent’s ability to provide necessities like food, clothing, medical care
• Evidence of physical or emotional abuse toward the child
• The child’s preferences if they are 12 or older
• Each parent’s past and future performance of parenting responsibilities
• Any history of domestic violence or drug/alcohol issues in the home

After weighing all applicable factors, the court will decide on the custody arrangement. Common options include:

• Joint custody with equal parenting time – Both parents share legal custody, and the child’s time is divided relatively equally. Parents make decisions together.
• Primary residential parent and alternative residential parent – One parent has primary physical custody, and the child resides with them primarily. The other parent has scheduled parenting time.

Ultimately, the outcome hinges on the specific factors of each case. Evidence presented during the proceedings helps judges evaluate what arrangement allows the child to maintain stability, be properly cared for, and avoid exposure to harm.

Parenting Plan Requirements in Tennessee

Regardless of the type of custody ordered, both parents must have an agreed parenting plan incorporated into the official judgment in accordance with Tennessee’s requirements.

This comprehensive plan establishes the logistics around legal and physical custody, including:

• A residential schedule detailing when the child is with each parent
• Which parent has decision-making authority for different aspects of the child’s life
• Child support payment amounts and schedules
• Procedures for resolving potential future disagreements between parents

Having an experienced attorney assist with drafting the initial parenting plan proposal is critical. The parenting plan aims to promote a stable, consistent upbringing aligning with the child’s needs. Poorly constructed proposals can work against you.

If parents cannot initially agree on a permanent plan, a temporary parenting plan will be court-ordered to govern until a final custody arrangement is established, which may be after the case goes to trial.

Child Support Obligations in Tennessee

Both parents are responsible for financially supporting their children—voluntarily or involuntarily. When family courts are involved, one parent may be mandated to pay child support payments to the other parent to help with the cost of raising the child. To determine the amount of support payments, family law judges use Tennessee’s Child Support Guidelines.

These guidelines help determine the base support amount based on factors like:

• Each parent’s gross monthly income
• Amount of time each parent has with the child
• Additional support obligations to other children
• Work-related childcare costs
• Children’s health insurance premiums

The parent without primary physical custody is generally obligated to pay periodic child support to the other parent to ensure the child’s financial needs are met equitably. Enforcement measures for delinquent child support include wage garnishment, federal tax refund intercepts, license revocations, and more.

Handling Custody Disputes and Modifications

Even with custody orders and parenting plans in place, new issues and conflicts can arise over time. Fortunately, Tennessee law provides avenues for recourse:

If parents are unable to agree on a parenting plan during the initial custody proceedings, the case will proceed to trial for a judge’s ruling. Similarly, if one parent believes there is a substantive reason to modify an existing custody order or parenting plan later – such as domestic violence, a parent’s relocation, or a child’s changed preference – they can petition the court and present evidence that the modification is in the child’s best interests.

Once that happens, both parents have opportunities to negotiate or retain child custody lawyers and prepare for a custody trial before a judge. Having skilled legal advocacy is critically important during high-conflict custody battles.

Protecting Your Child’s Best Interests in Child Custody Cases

At the end of the day, child custody disputes are not just heated personal conflicts. The stakes are enormous for the children caught in the middle of those disputes. Their future living situations, exposure to dysfunction, relationships with parents, and overall quality of life can hinge on the outcome. This is why Tennessee family courts take this issue so seriously.

From our professional experience assisting families across Tennessee for decades, we believe fighting tenaciously to uphold your child’s best interests should be the top priority. These cases are highly fact-specific and emotionally charged – not something to navigate alone or with inexperienced counsel.

Our attorneys take a team-based approach to guide you through every step, from gathering evidence and witnesses to collaborating on a comprehensive parenting plan proposal to aggressively protecting your rights at trial if a negotiated compromise is not possible. While we aim for an amicable resolution, we will not hesitate to firmly advocate for you and your children in court.

How Family Law Firms Like Ours Can Assist

Beyond just understanding the letter of Tennessee’s custody laws, having a local attorney well-versed in family court processes and nuances can make a significant difference, including:

• Drafting sound, compliant parenting plan proposals
• Identifying and addressing areas of concern before court
• Facilitating productive settlement negotiations through mediation
• Litigating contested custody trials persuasively when agreements cannot be reached
• Petitioning for favorable custody modifications when warranted

Reliable legal counsel empowers you to make wise decisions in your child’s best interests while alleviating stress and uncertainties throughout the custody process. Our firm is here to provide that counsel and tenacious representation.

While Tennessee aims to keep children’s relationships with both parents intact whenever possible, applying that guiding principle gets complicated fast in real family situations. Having a knowledgeable legal partner advocating for you can prevent oversights and ensure your children’s essential needs are prioritized according to the law.

When so much is at stake, don’t go it alone trying to navigate custody proceedings. Contact The Law Office of Sam Byrd today to discuss your unique circumstances and learn how our family lawyers can thoughtfully protect your parental rights and your child’s wellbeing.