Child custody disputes can be emotionally exhausting and legally complex. If you're facing custody issues in Tennessee, it’s important to understand your rights—and to have someone in your corner who knows how to fight for them. At the Law Offices of Amanda J. Gentry, we help parents across Nashville protect their relationship with their children and work toward fair, lasting solutions.
Amanda J. Gentry is a Nashville child custody attorney who brings experience, clarity, and a no-nonsense approach to each case. Whether you're negotiating a parenting plan, going to court, or seeking to modify an existing order, our firm is ready to help you navigate the legal process and advocate for what’s best for your child.
Call (615) 604-6263 to speak with a trusted custody lawyer in Tennessee today.
Understanding Child Custody in Tennessee
In Tennessee, child custody refers to both where the child lives (physical custody) and who makes important decisions on their behalf (legal custody). Custody can be shared jointly between both parents, or one parent may have sole legal and/or physical custody. Every parenting arrangement must be outlined in a Parenting Plan, which the court must approve.
A key part of this process is identifying the Primary Residential Parent (PRP)—the parent the child lives with for the majority of the time. The PRP typically handles the child’s day-to-day needs, but both parents may still share in major decision-making if legal custody is joint.
Even if you are not named the PRP, you still have parental rights, including access to school and medical records and a consistent visitation schedule.
How Tennessee Courts Decide Custody
Tennessee courts base custody decisions on what serves the best interests of the child, not the preferences of the parents. Judges consider several factors outlined in Tennessee law, such as:
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The child’s relationship with each parent
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Each parent’s caregiving history and ability to provide a stable home
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The child’s adjustment to home, school, and community
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The willingness of each parent to support the child’s relationship with the other parent
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Any evidence of abuse or neglect
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The child’s preference (if age 12 or older)
The court also considers work schedules, mental and physical health, and other factors that might affect the child’s well-being and stability.
Types of Child Custody in TN
Tennessee law recognizes different types of child custody arrangements to serve the best interests of the child. These include:
- Legal Custody – The authority to make important decisions about the child’s upbringing, including education, healthcare, and religious matters.
- Physical Custody – Determines where the child will primarily live and the visitation schedule for the noncustodial parent.
- Sole Custody – One parent has full legal and physical custody, with the other parent having limited or supervised visitation.
- Joint Custody – Both parents share legal or physical custody, requiring cooperation in decision-making and parenting time.
Can a Child Choose Which Parent to Live With?
Tennessee law allows the court to consider a child’s preference once they are 12 years old, but the final decision still rests with the judge. The court weighs the child’s wishes alongside all other relevant factors to determine what arrangement is in their best interest.
Parenting Tips During a Custody Case
Navigating a custody battle is stressful, but how you act during this time can directly impact your case. Stay focused on your child’s needs and avoid unnecessary conflict with the other parent. Courts look favorably on parents who demonstrate stability, cooperation, and a commitment to supporting their child’s relationship with both parents.
If you’re unsure how to proceed or what steps to take, a knowledgeable Nashville child custody lawyer can help you stay organized and on track during every stage of the process.
Common Visitation Arrangements
Visitation arrangements in Tennessee depend on various factors, such as the child’s age, the parents’ work schedules, and the child’s relationship with each parent. Some common visitation arrangements include:
- Standard Visitation: Often referred to as a 2-2-3 schedule, this allows the child to spend two days with one parent, two days with the other, and three days alternating between the two parents.
- Weekend Visits: The noncustodial parent may have weekend visits every other weekend, with additional time during holidays or school vacations.
- Holiday and Vacation Schedules: Visitation schedules typically include time with the child during major holidays and school breaks, ensuring that both parents have an opportunity to spend time with the child.
- Supervised Visitation: In cases involving concerns about safety or the child’s well-being, supervised visitation may be ordered, where a third party must be present during visits.
- Virtual Visitation: With technology becoming more common, some parents may arrange virtual visitation through video calls, allowing for regular communication between the noncustodial parent and the child.
Modifying a Custody Order in Nashville
Custody orders are not set in stone. If circumstances change significantly—such as a parent's relocation, changes in the child’s performance at school, or concerns about the child’s safety—either parent can petition the court for a modification.
To succeed, the parent must show that there has been a material change in circumstances and that modifying the arrangement would serve the child’s best interests. We regularly assist Nashville parents with preparing and filing modification petitions and negotiating updated parenting plans.
Talk to a Nashville Child Custody Attorney Today
You don’t have to face custody challenges alone. The Law Offices of Amanda J. Gentry is here to help you understand your rights, advocate for your child, and move forward with confidence. Whether you’re preparing for mediation or litigation, we’ll work with you to build a strategy that reflects your goals and your child’s needs.
Frequently Asked Questions (FAQ)
What is the biggest mistake in a custody battle?
The most common mistake parents make during a custody dispute is letting emotions drive their decisions. Arguing with the other parent or involving the child in conflict can hurt your case. It’s important to stay calm, document everything, and focus on the child’s needs—not personal grievances. A Nashville child custody attorney can help you stay focused and protect your rights.
What is the new child custody law in Tennessee?
Tennessee requires all parents going through custody or divorce to submit a detailed Parenting Plan. This includes a proposed schedule, decision-making authority, and other key parenting details. Recent changes reinforce the court’s focus on shared parenting when it benefits the child. If you're unsure how these laws apply to your case, a custody lawyer in Nashville can guide you.
Is Tennessee a 50/50 state for child custody?
No, Tennessee does not automatically award 50/50 custody. While joint custody is possible, the court evaluates each situation based on what is best for the child. Equal parenting time may be awarded when both parents are capable and the arrangement supports the child's needs, but it’s not guaranteed.
Does Tennessee favor mothers in custody cases?
Tennessee custody law is gender-neutral. Courts do not favor mothers over fathers. Custody decisions are based on each parent's role in the child's life, caregiving history, and ability to provide a stable environment. Both mothers and fathers have equal opportunity to seek custody.
Can a mother take a child away from the father in Tennessee?
If there is no custody order in place, both parents have equal legal rights to the child. A parent cannot unilaterally deny the other parent access without a court-approved agreement. If a dispute arises, a court can establish formal custody and visitation terms. If one parent violates a court order, the other may request enforcement or modification through the courts.
