How to Get Full Custody of Your Child in Tennessee—And What Evidence the Court Looks For

Your children are everything to you. The thought of seeing them only every other weekend feels unbearable. You lie awake at night wondering if they’re safe, if they’re being cared for properly, if they need you and you’re not there.

But wanting full custody and getting it are two very different things. Tennessee courts don’t just hand over full custody because you ask for it or because you think you’re the better parent. The legal system has specific requirements you must meet, and the burden of proof is on you to demonstrate why such a drastic change serves your children’s best interests.

What “Full Custody” Actually Means in Tennessee

The term “full custody” isn’t really used in Tennessee law anymore. Since 2001, Tennessee has used a parenting plan system instead of the old custody terminology. What people typically mean by “full custody” is becoming the primary residential parent with sole decision-making authority.

According to Tennessee child custody law, sole custody means one parent has legal and physical custody. In some cases, one parent may have legal custody, while both have joint physical custody.

However, the legal landscape changed significantly as of July 1, 2024, when Tennessee enacted new child custody laws creating a legal presumption that joint legal custody and equal parenting time schedules are in the best interests of minor children.

The Best Interest Standard

Tennessee courts make custody decisions based on one overriding principle: the best interests of the child.

According to Tennessee Code § 36-6-106, the determination shall be made on the basis of the best interest of the child. In taking into account the child’s best interest, the court shall order a custody arrangement that permits both parents to enjoy the maximum participation possible in the life of the child.

The court considers multiple factors, including:

• The strength, nature, and stability of the child’s relationship with each parent
• Each parent’s past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child’s parents
• The disposition of each parent to provide the child with food, clothing, medical care, education and other necessary care
• The degree to which a parent has been the primary caregiver
• The love, affection, and emotional ties existing between each parent and the child
• The moral, physical, mental and emotional fitness of each parent as it relates to their ability to parent the child
• The reasonable preference of the child if twelve (12) years of age or older

This isn’t about proving you’re a good parent—it’s about proving the other parent is significantly less capable of meeting your children’s needs.

What You Must Prove for a New Custody Case

You’ll need compelling evidence showing:

• Safety Concerns: Evidence of abuse, neglect, domestic violence, or substance abuse by the other parent.
• Inability to Parent: Documentation that the other parent lacks basic parenting skills, consistently fails to meet the children’s needs, or has significant mental health or substance abuse issues that interfere with parenting.
• Environmental Instability: Evidence that the other parent’s home environment is unstable, unsafe, or otherwise inappropriate for children.
• Parental Alienation: Proof that the other parent is actively trying to damage your relationship with the children or refuses to encourage a relationship between you and the children.

Even with compelling evidence, courts remain reluctant to completely exclude a parent from a child’s life unless the situation truly demands it.

What You Must Prove to Modify Existing Custody

If there’s already a custody order in place, your burden is even higher. According to Tennessee Code § 36-6-101, the petitioner must prove by a preponderance of the evidence a material change in circumstance.

The Supreme Court of Tennessee has established that the change must:

• Have occurred after the entry of the order sought to be modified
• Not have been known or reasonably anticipated when the order was entered
• Be one that affects the child’s well-being in a meaningful way

Examples of material changes that courts have recognized:

• The mother of the minor child had been diagnosed with a mental illness and had also remarried since the custody arrangement had been enacted
• Discovery of ongoing substance abuse or addiction
• Evidence of child abuse or neglect
• Repeated violations of the parenting plan
• Significant changes in a parent’s living conditions that affect parenting ability
• A parent’s criminal conviction or incarceration

This high standard exists to protect children from constant custody battles and provide stability in their lives.

The Evidence You Actually Need

Courts don’t make custody decisions based on emotions or allegations—they require concrete, documented proof.

Document Everything:

• Keep detailed records of missed visits, late pickups, and parenting plan violations
• Save text messages and emails showing concerning behavior
• Take photos of concerning conditions at the other parent’s home
• Maintain records of medical appointments, school events, and activities the other parent misses

Get Professional Documentation:

• Police reports documenting domestic violence or child welfare calls
• Medical records showing injuries or missed medical care
• School records documenting attendance problems or academic decline
• Counseling records (where permitted) showing the impact on your children

Gather Witness Testimony:

• Teachers who can speak to the children’s well-being and school performance
• Neighbors who have witnessed concerning behavior
• Daycare providers or babysitters who have observed parenting skills
• Family members who have witnessed interactions between the parent and children

Remember, hearsay and emotional testimony carry little weight—courts want objective, verifiable evidence.

Alternatives to Consider

Sometimes, there are less adversarial ways to protect your children while maintaining their relationship with both parents.

• Supervised Visitation: If safety is your concern, you might request supervised visits rather than seeking to eliminate the other parent’s time entirely.
• Modified Parenting Schedule: Sometimes a different schedule better serves the children’s needs without completely cutting out the other parent. Learn more about Tennessee visitation options that might work for your family.
• Family Counseling: Professional help might address the underlying issues without the trauma of a custody battle.
• Parenting Coordinator: A professional who helps high-conflict parents implement their parenting plan.

These alternatives often achieve your safety goals while avoiding the damage that comes from attempting to eliminate the other parent entirely.

FAQs

Can I get full custody just because my ex doesn’t pay child support?

No. Child support and custody are separate issues in Tennessee. A parent’s failure to pay support doesn’t automatically disqualify them from having custody or visitation rights. Learn more about child support enforcement options available to you.

What if my child says they want to live with me full-time?

The court may consider a child’s preferences if they’re 12 or older, but the child’s wishes are just one factor among many. The court focuses on what’s best for the child, not necessarily what the child wants.

How long does a custody modification case take?

It varies significantly based on the complexity of your case and court schedules. Simple cases might resolve in a few months, while contested cases involving extensive evidence can take a year or more.

Can I represent myself in a custody case?

While legally possible, custody cases involving requests for sole custody are complex and emotionally charged. The stakes are too high to risk inadequate representation.

Your Next Steps

You deserve a legal team that will be honest about your chances and fight strategically for your children’s best interests. The attorneys at The Law Office of Sam Byrd understand the emotional intensity of custody disputes and the heartbreak of watching your children struggle in an inadequate situation.

If you have concerns about their care or safety, don’t wait to seek legal guidance. Contact our Chattanooga team today for a confidential consultation. Together, we’ll develop a strategy that prioritizes your children’s best interests and protects your parental rights.