Is Child Custody Legal in Tennessee? (2026)

Key facts

Status

Legal

Permit required

No

Jurisdiction

Tennessee

Last reviewed

2026-02-26

Child Custody laws in Tennessee

Tennessee courts, when determining child custody arrangements (both residential and legal), are mandated by T.C.A. § 36-6-106 to consider the 'best interest of the child.' This standard is paramount and involves evaluating various factors, including the child's emotional and physical needs, each parent's ability to provide for those needs, the child's established relationships, and, if appropriate given their age and maturity, the child's wishes. The court aims to create a parenting plan that maximizes the child's time with both parents if it is deemed safe and beneficial. While the 'best interest' standard is broad, Tennessee law provides a non-exhaustive list of factors to guide the court's decision-making. These factors include: the parent's ability to provide a safe and stable environment, the child's adjustment to their home, school, and community, and the mental and physical health of all individuals involved. The court can also consider evidence of domestic violence or child abuse, which would significantly impact custody decisions.

Frequently asked questions

Is child custody legal in Tennessee for travelers?

For travelers visiting Tennessee, child custody is currently legal. Tennessee courts, when determining child custody arrangements (both residential and legal), are mandated by T.C.A. § 36-6-106 to consider the 'best interest of the child.' This standard is paramount and involves evaluating various factors, including the child's emotional and physical needs, each parent's ability to provide for those needs, the child's established relationships, and, if appropriate given their age and maturity, the child's wishes. The court aims to create a parenting plan that maximizes the child's time with both parents if it is deemed safe and beneficial. While the 'best interest' standard is broad, Tennessee law provides a non-exhaustive list of factors to guide the court's decision-making. These factors include: the parent's ability to provide a safe and stable environment, the child's adjustment to their home, school, and community, and the mental and physical health of all individuals involved. The court can also consider evidence of domestic violence or child abuse, which would significantly impact custody decisions.

Do I need a permit for child custody in Tennessee?

Tennessee does not specifically require a permit for child custody, though general regulations apply.

Can I transport child custody through Tennessee?

Transport laws for child custody in Tennessee depend on the specific item and your route. Generally, transport is allowed if you comply with state regulations. Always check states you pass through.

What are the penalties for child custody violations in Tennessee?

Penalties for child custody violations in Tennessee vary based on the specific offense. Always verify current laws before traveling.