Tennessee Divorce With Children — Custody & Support
Custody, child support, and parenting plans when children are involved in an Tennessee divorce
How custody is determined §36-6-106
Courts determine custody using a detailed list of best-interest factors, including each parent's involvement in the child's life, emotional ties, stability of the home, and the child's wishes if age 12+.
Types of custody
- Legal custody — the right to make major decisions about the child's education, health care, and welfare
- Physical custody — where the child lives day-to-day
- Joint custody — both parents share legal custody, physical custody, or both
- Sole custody — one parent has primary decision-making authority or residential time
Child support §36-5-101
Tennessee uses an income-shares model to calculate child support.
- Based on combined adjusted gross income of both parents
- Guidelines set presumptive amount; deviation requires written findings
- Covers children under 18 or through high school completion
- Income can be withheld directly from the paying parent's employer §36-5-501
The parenting plan
Most Tennessee courts require a written parenting plan that addresses:
- Regular custody and visitation schedule
- Holiday and vacation time allocation
- Transportation arrangements and exchange locations
- Decision-making authority for education, health, and extracurricular activities
- Communication protocols between parents
- Relocation restrictions and notice requirements
Temporary orders during the divorce §36-4-106
Automatic temporary injunctions take effect upon filing, restraining both parties from transferring marital property or relocating children. Temporary custody and support orders typically remain in effect until the final decree is entered.
Modifying custody later
Custody may be modified upon showing a material change in circumstance requiring a change in the child's best interest. §36-6-101
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Related guides
- Based on combined adjusted gross income of both parents
- Guidelines set presumptive amount; deviation requires written findings
- Covers children under 18 or through high school completion