Child custody can be one of the most emotional and complex issues parents face during a separation or divorce. In Tennessee, courts divide custody into two distinct categories: legal custody and physical custody. Understanding how these forms of custody work is essential for parents seeking arrangements that protect their rights while prioritizing their child’s best interests. As always, it is crucial to first seek guidance from an experienced Tennessee family lawyer who can help secure the best custody arrangement for your family.
Child Custody Arrangements in Tennessee
In Tennessee, child custody is divided into two categories. Legal custody involves the authority to make major decisions about a child’s upbringing, including education, healthcare, and overall welfare, while physical custody determines where the child resides. Custody may be awarded jointly (to both parents) or solely (one parent), depending on what arrangement serves the child’s best interest.
Tennessee courts encourage parents to work together to create a custody and parenting plan that meets their family’s unique circumstances. When parents can reach an agreement, often through mediation, the court will generally approve it as long as it supports the child’s best interests. If parents are unable to agree, the matter proceeds to family court, where a judge will determine both legal and physical custody after considering evidence and applying Tennessee’s “best interest of the child” standard. As a child’s best interest can changes throughout time and circumstances, a child custody order may be modified.
Legal Custody in Tennessee
Legal custody refers to the right to make major decisions in a child’s life such as education, medical care, religious upbringing, etc. Under Tennessee law, there is a presumption to award joint legal custody when it is in the child’s best interest and when parents are capable of cooperating. This ensures that both parents share responsibilities in the important decisions of the child’s life.
Tennessee law recognizes that children often benefit when both parents remain involved in important decisions. However, there are situations where joint legal custody will not be awarded. Under Tennessee Code Annotated 36-6-407, the court will deny joint legal custody if there is a history of domestic violence, abuse, neglect, or concerns about the child’s safety. Reach out to a family law attorney if you have questions regarding whether joint legal custody is appropriate for you.
How Legal Custody is Decided in Tennessee
If parents cannot agree on legal custody, or the court must award only one parent sole legal custody, the court evaluates several factors. These include each parent’s past involvement in decision-making, their ability to meet the child’s emotional, educational, and physical needs, and their willingness to work together for the child’s benefit. The court may also consider how close the parents live to one another and whether geographic distance would interfere with timely decisions.
Physical Custody in Tennessee
Physical custody, also referred to as residential custody, determines where the child resides and which parent is responsible for day-to-day care. Tennessee Code 36-6-106 governs physical custody decisions and requires courts to base those decisions on the best interest of the child. While Tennessee law encourages both parents to have meaningful involvement in the child’s life, physical custody arrangements must also provide stability and safety. In cases of joint physical custody, arrangements may not necessarily be 50/50 time split. Even when one parent is awarded sole physical custody, the other parent is granted visitation rights, whenever it’s safe and appropriate.
How Physical Custody is Decided in Tennessee
When deciding physical custody, courts must examine many factors, including which parent has historically been the primary caregiver, the child’s relationship with each parent, and each parent’s ability to meet daily needs such as food, medical care, education, and emotional support. Judges also consider the child’s adjustment to home, school, and community, and if a parent has past interference with custody. Evidence of abuse or neglect weighs heavily against awarding residential custody. In Tennessee, children aged twelve and older may express their opinions, which the court may consider along with the many other factors.
Contact J. Ryan Johnson Law for Child Custody Help in Tennessee
Child custody matters can have a lasting impact on both parents and children, making it critical to understand your rights and options under Tennessee law. Whether you are pursuing joint custody, seeking modifications, or facing a contested custody dispute, experienced legal guidance can make all the difference. J. Ryan Johnson Law, located in downtown Nashville, has a legal team dedicated to helping families across Tennessee navigate custody matters with compassion, precision, and a focus on long-term stability for your child. Contact us today to schedule a consultation on your child custody matter.
