Understanding the Different Types of Custody in Tennessee

Your Guide to Legal and Physical Custody, Parenting Plans, and Your Rights as a Parent

Navigating child custody in Tennessee can feel overwhelming. Whether you're facing divorce, separation, or seeking to modify an existing custody order, understanding the legal framework is essential. In this guide, we’ll explain the different types of custody in Tennessee, how courts make decisions, and what steps you can take to protect your parental rights.

At Ufford Law & Mediation Offices, our mission is to help families move forward with clarity, compassion, and strength. If you’re in need of experienced custody attorneys in Tennessee, we’re here for you.

What Are the Different Types of Custody in Tennessee?

Tennessee recognizes two main types of custody:

1. Legal Custody

Legal custody refers to the authority to make major life decisions for a child, including:

• Education

• Healthcare

• Religious upbringing

• Extracurricular activities

  
  

Joint Legal Custody Both parents share decision-making responsibilities. This is often favored by Tennessee courts when co-parents can effectively communicate.

Sole Legal Custody One parent has the exclusive right to make major decisions for the child. This may be awarded if the other parent is unavailable, unfit, or unable to co-parent.

2. Physical Custody

Physical custody determines where the child lives and which parent provides daily care.

• Primary Residential Parent (PRP): The parent the child lives with most of the time.

• Alternate Residential Parent (ARP): The parent with scheduled parenting time, such as weekends or holidays.
  

Tennessee courts always designate a PRP for legal and logistical reasons, such as determining school zoning.

What Is a Parenting Plan?

In Tennessee, all custody cases require a Permanent Parenting Plan. This document outlines each parent’s responsibilities and includes:

• Residential schedule

• Legal custody arrangement

• Child support

• Conflict resolution process
  

Can Parents Create Their Own Parenting Plan?

Yes. Parents can negotiate their own plan and submit it for court approval. If they can’t agree, the court will decide after a custody hearing.

At Ufford Law & Mediation Offices, we help parents draft clear and enforceable parenting plans tailored to their family’s needs.

How Courts Determine Custody in Tennessee

The best interest of the child is the court’s top priority. Tennessee judges evaluate several factors, including:

• The child’s relationship with each parent

• Each parent’s ability to meet the child’s needs

• Stability of each parent’s home environment

• History of abuse, neglect, or substance abuse

• The child’s preference (depending on age and maturity)

• Each parent’s willingness to co-parent

• Any other factor affecting the well-being and best interests of the child
  

These factors are considered holistically—no single factor guarantees a specific outcome.

Joint Custody vs. Sole Custody: What’s the Right Fit?

Every family is different. Tennessee courts prefer shared parenting when it's in the child’s best interest, but that isn’t always possible.

When Joint Custody Works:

• Both parents communicate respectfully

• Parents live close enough to share time equally

• Shared decision-making is possible
  

When Sole Custody May Be Necessary:

• One parent is abusive or neglectful

• A parent has untreated addiction or mental health issues

• There's significant conflict or a history of parental alienation
  

Even in sole custody arrangements, the non-custodial parent may still retain visitation rights and access to the child’s records.

Can Custody Be Modified in Tennessee?

Yes. If your current custody order no longer works for your family, you can request a custody modification.

Requirements for Modification:

• A material change in circumstances (e.g., job relocation, new school needs, safety concerns, etc.)

• The proposed change must be in the best interest of the child
  

Whether you're seeking more time with your child or trying to protect them from harm, Ufford Law & Mediation Offices can guide you through the modification process.

Can Grandparents or Non-Parents Seek Custody?

In some cases, grandparents or non-parent caregivers (like stepparents or relatives) may petition for custody or visitation rights. These cases are highly fact-specific and usually involve proving:

• A significant relationship with the child

• That the child may suffer harm if the relationship is severed
  

These are complex situations that require sensitive handling and experienced legal guidance.

How Mediation Can Help Resolve Custody Disputes

Custody battles can be emotionally and financially draining. Mediation offers a more peaceful, collaborative alternative to court.

In Tennessee, mediation allows parents to:

• Work with a neutral third-party mediator

• Create a parenting plan outside of court

• Save time and reduce conflict
  

Ufford Law & Mediation offers both legal representation and professional mediation services. We're uniquely positioned to support you whether you're working toward an agreement—or preparing for court.

Why Work With Ufford Law & Mediation Offices?

At Ufford Law & Mediation Offices, we combine legal knowledge with compassionate support. Our team works closely with clients to:

• Explain custody laws in plain language

• Develop personalized parenting plans

• Negotiate favorable outcomes

• Represent your best interests in court

  
  

We serve families throughout Tennessee, providing support in child custody, mediation, divorce, parenting plan modifications, and more.

Ready to Protect Your Parental Rights?

Understanding Tennessee’s custody laws is the first step. The next step is finding an advocate who can guide you through the process with care and confidence.

Contact Ufford Law & Mediation Offices today and schedule your consultation. We’ll help you understand your options and fight for what matters most—your child.

Fill out our confidential consultation form now to get started.