Tennessee Child Custody & Parenting Plans
Tennessee decides custody through a court-approved 'permanent parenting plan' that names a Primary Residential Parent, sets a residential schedule, and allocates decision-making. Decisions follow the best interest of the child under the factors in T.C.A. § 36-6-106, and there is no legal preference based on a parent's gender.
By Find Local Law Editorial Team · Last reviewed: May 25, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Custody turns on your family’s specific facts — talk to a Tennessee attorney.
Tennessee doesn’t use the old “sole vs. joint custody” labels as the main framework. Instead, custody is built around a parenting plan.
The parenting plan
In any case with minor children, the court must approve a permanent parenting plan (T.C.A. § 36-6-404). It does three things:
- Names a Primary Residential Parent (PRP) — the parent the child lives with more than half the time (the other is the Alternate Residential Parent).
- Sets a residential schedule — when the child is with each parent (this is where “visitation”/parenting time lives — see visitation).
- Allocates decision-making — who decides major issues like education, health care, and religion.
The best-interest standard
The court decides custody by the best interest of the child, weighing the factors in T.C.A. § 36-6-106(a) — including the strength and stability of each parent’s relationship with the child, who has performed the majority of parenting, each parent’s willingness to support the child’s relationship with the other parent, and more.
No gender preference
Tennessee law contains no preference for the mother or the father. The focus is entirely on the child’s best interest. To get matched with a local Tennessee custody attorney, connect with a lawyer.
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Start your free intakeFrequently asked questions
- Does Tennessee favor mothers in custody cases?
- No. Custody is decided by the child's best interest under the factors in T.C.A. § 36-6-106; there is no legal preference based on a parent's gender.
- What is a 'Primary Residential Parent'?
- The parent the child lives with more than 50% of the time under the parenting plan. The other parent is the 'Alternate Residential Parent,' who has scheduled parenting time.
- Is a parenting plan always required?
- Yes. In any divorce or custody case involving minor children, the court must approve a permanent parenting plan (T.C.A. § 36-6-404) covering the residential schedule and decision-making.
Sources
Related guides
- Adoption in Tennessee Tennessee adoption law is in Title 36, Chapter 1. Before an adoption can be finalized, the existing parental rights must be surrendered or terminated (T.C.A. § 36-1-113), and a home study/court report is generally part of the process. Common types include stepparent, relative, agency, and private adoptions.
- Establishing Paternity in Tennessee For unmarried parents in Tennessee, legal parentage is established under the parentage statutes (T.C.A. § 36-2-301 et seq.) — either by a Voluntary Acknowledgment of Paternity or by a court petition with genetic testing. A genetic test showing 95% or greater probability creates a presumption of parentage (T.C.A. § 24-7-112). Establishing paternity is the gateway to custody, parenting time, and child support.
- Family Law Mediation in Tennessee Tennessee courts are directed to order mediation in many contested divorces (T.C.A. § 36-4-131), with exceptions including domestic violence, inability to afford it, or an already-signed agreement. Family mediators are commonly Rule 31 listed mediators under Tennessee Supreme Court Rule 31. Mediation lets parents and spouses craft their own resolution instead of leaving it to a judge.
- Grandparents' Visitation Rights in Tennessee Tennessee's grandparent visitation statute (T.C.A. § 36-6-306) is deliberately narrow. A grandparent can petition only in specific situations — such as a parent's death, the parents' divorce or separation, or a severed long-standing relationship — and the court must find a danger of substantial harm to the child. The limits reflect the constitutional rights of fit parents under Troxel v. Granville (2000).
- Postnuptial Agreements in Tennessee Tennessee enforces postnuptial agreements under case law — principally Bratton v. Bratton (Tenn. 2004) — rather than a dedicated statute. To be enforceable, a postnup needs adequate consideration flowing to both spouses, knowing and voluntary execution, and no fraud, coercion, or duress. The consideration requirement is what makes postnups harder to uphold than prenups.
- Prenuptial Agreements in Tennessee Tennessee enforces prenuptial (antenuptial) agreements under T.C.A. § 36-3-501 if they were entered into freely, knowledgeably, and in good faith, and without duress or undue influence. A prenup can define how property and support are handled if the marriage ends, but a court can refuse to enforce one that was signed under unfair circumstances.