Know the Laws: Tennessee
UPDATED February 2, 2007
WomensLaw.org is in the process of adding more information about custody laws in Tennessee. For now, we have provided links to information we hope you find helpful. (WomensLaw.org has no relationship with these organizations and does not endorse their services. We provide these links for your information only.)
General Information about Custody and Visitation in Tennessee
- Frequently Asked Questions
- Tennessee Legal Aid
- Tennessee Child Custody and Support Guidelines
- Types of Child Custody
- Common Questions about Child Custody and Visitation
How will the judge make a decision about custody?
Definitions
Below is general information about custody – not specific to TN.
General Information
back to topDo I need a lawyer?
Custody cases are complicated and it is important to try to find an experienced lawyer to help you with your case. Please click on the Where to Find Help tab at the top of this page to find a lawyer or to find an advocate who can help you find a lawyer.
If you find a lawyer, be sure to ask about his/her experience with custody and domestic violence cases. You may also email us and we will try to help you find someone who can help in your community. For tips on working with a lawyer, click on Choosing and Working with a Lawyer.
back to topHow will a judge make decisions about child custody?
Judges make decisions about child custody based on whatever they think is in the best interests of the child. States have different rules and guidelines, but the general rule is "the best interest of the child." This is defined differently in different states.
Examples of factors that a judge might look at when determining “best interest of the child” are:
- The emotional, social, moral, material, and educational needs of the child;
- The home environments offered by each party;
- The interpersonal relationship between the child and each parent;
- The preference of the child, if the child is old and mature enough;
- History of domestic violence;
- Safety of the child.
back to topWhere can I file for child custody? (Which state has jurisdiction?)
Figuring out which court to go to in order to file for a custody case can be difficult.
If there is more than one state involved - for example, if the child has moved across state lines, or if the other parent is in a different state - then it is more complicated. In these cases, both state and federal laws may govern which court can hear your custody case. Therefore, as in all custody cases, it is very important that you find a lawyer to help you determine which court to go to.
Most states have adopted either the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). These laws differ, so whether a court can hear a child custody case depends on whether your state has adopted the UCCJA or the UCCJEA.
In most situations and in most states, you can file for custody in the "home state" of the child. The "home state" is the state where the child has lived (with a parent or a person acting as a parent) for at least six consecutive months. If your child is less than six months old, the "home state" is the state where the child has lived from birth. (Temporary absence from the state does not change anything.)
If you and your child recently moved to a new state, you may not be able to file for custody in that new state until you have lived there for at least six months.
However, you may be able to get emergency jurisdiction in that new state. If your state has adopted the UCCJEA, you can file for temporary emergency custody in a state other than the home state if:
- the child is present in the state, and
- the child has been abandoned or needs emergency protection, because the child (or a sibling or parent of the child) is subjected to or threatened with mistreatment or abuse.
Getting emergency custody is difficult, so please talk to a lawyer before you file with the clerk of court. You may also want to talk to a domestic violence advocate about your options and for help in finding a lawyer.
Under certain circumstances, there may be other ways to file for custody if you are not in the child's home state and if it is not an emergency. This can be complicated, and if you think this applies to your situation, please talk to a lawyer about this.
back to topWhat are some pros and cons of starting a custody case?
There are many reasons people choose not to file for custody. Some people decide not to get a custody order because they don’t want to get the courts involved. Some parents make an informal agreement that works well for them. Some parents think going to court will provoke the other parent, or they are worried that if a custody case is started, the other parent will suddenly fight for more custody or visitation rights than they are comfortable with.
However, getting a custody order from a court can give you certain legal rights. Getting a custody order can give you:
- The right to make decisions about your child and/or
- The right to residency (to have your child live with you).
We strongly recommend talking to a lawyer who can help you think through if filing for custody would be best for you, depending on the facts of your situation. You can find legal help by clicking on the Finding a Lawyer page.
Some people think they should file for custody so they can get child support. While custody and child support are related, you do not necessarily need a custody order to get child support. A custody order will not automatically give you child support. For information on filing for child support, you can contact your local courthouse by going to our Courthouse Locations page or talk to a lawyer.
back to topShould I start a court case to ask for supervised visitation?
If you are not comfortable with the abuser being alone with your child, you might be thinking about asking the judge to order that visits with your child be supervised. If you are already in court because the abuser filed for visitation or custody, you probably don't have much to lose by asking that the visits be supervised.
However, if there is no current court case, please get legal advice BEFORE you start a court case to ask for supervised visits. We strongly recommend that you talk to an attorney who specializes in custody matters to find out what you would have to prove to get the visits supervised and how long supervised visits would last, based on the facts of your case.
In the great majority of cases, supervised visits are only a temporary measure. Although the exact visitation order will vary by state, county, or judge, the judge might order a professional to observe the father on a few visits or the visits might be supervised by a relative for a few months -- and if there are no obvious problems, the visits will likely become unsupervised. Oftentimes, the father ends up with more frequent and/ or longer visits than he had before you went into court. He may even end up with joint custody.
In some cases, to protect your child from immediate danger by the abuser, starting a case to ask for custody and supervised visits is appropriate. To find out if that is best in your situation, please go to Finding a Lawyer to seek out legal advice.
After custody is in place
back to topIf a custody order is already in place, how can I get it changed?
If you have a custody order already in place, you can ask the original court that issued the order to make changes or modify it. Generally, you can only ask to have a custody order modified if there has been a change in circumstances.
Example: If there are new allegations or new evidence of abuse, that may count as a change in circumstances. Major changes in either parent's financial or housing status may also count as a change in circumstances.
Generally, once a court has jurisdiction, that court will keep continuing jurisdiction, even if you move to another state. If you have moved, you can ask the court that issued the original order to change the jurisdiction to the new state that you are in. Under certain circumstances, you can ask the court in the new state to modify the order without going back to the original state. This is often complicated, and as with all custody issues, we recommend that you talk to a lawyer about this.
back to topCan I change the state where the custody case is being heard?
If you move to another state, you may be able to change the state where the custody case is being heard. Generally, the court hearing the case will need to be involved in this decision. This is a complicated issue and you should contact a lawyer if you wish to change that state where your custody case is being heard.
Getting custody with your restraining order
back to topCan I get temporary custody as part of a restraining order against the other parent?
It depends on the laws of your state and on the judge who hears your case. In most states, you can ask for temporary custody of your children as part of a restraining order against the other parent of those children. Not every state allows this, so you should read the particular rules on the Restraining Order page for your state on this website. You can find the Restraining Order information under the Know the Laws tab on the top of the page. Also, even though most states allow this, the decision is up to the judge who hears your request for a restraining order.
Also, if the other parent gets a custody order from a different court, it might conflict with the custody provision in your restraining order. If that is the case, your temporary custody may not hold up against the other parent's order. Talk to a lawyer about what you can do.
back to topCan I get temporary emergency custody?
If your child is in danger, you can ask for temporary emergency custody, which most states provide. In states that have adopted the UCCJEA, you can also apply for temporary emergency custody if a sibling or parent are in danger, even if that child is not in danger.
If you need to ask for temporary emergency custody, then you can do this in the home state or in the state where the child is.
Some courts will grant you emergency custody without notice to the other parent and without that parent present ("ex parte"). Judges will usually only do this in extreme situations. You will need to prove to the judge that your kids are in danger in order to get an emergency custody order like this. You also will need to resolve the situation permanently as "ex parte" orders generally are only for a short period of time.
Also, an "ex parte" order may not be enforceable in other states, so be sure to find out before you leave the state.
To file for emergency custody, contact a lawyer or local domestic violence agency. To find one in your area, please click the Where to Find Help tab at the top of this page.
back to topI've got all this information now, but I still don't know what to do.
WomensLaw.org strongly recommends that you talk to someone in a local domestic violence agency and a lawyer to help you with this decision, if you have not already.
Remember, the information on this page is just general information. Your state may have differing laws or other things you can do.
You may also want to check your state's pages on this site for additional information. To find a local agency or someone who can help you, click on the Where to Find Help tab at the top of this page.