How Difficult is it to Get Sole Custody in Tennessee?

In Tennessee, like most states, decisions regarding child custody are made based on the child’s best interests. Custody and visitation agreements can come in many different forms, including sole and joint custody. It may be difficult to get awarded sole custody depending on the details of your family and situation. Continue reading and contact a Memphis, Tennessee child custody lawyer to learn more about your legal rights and options as a parent.

Understanding How Tennessee Courts Decide Child Custody

It’s important to understand that, when faced with custody matters, courts in Tennessee cannot make a decision based on the wants and wishes of the parents or in the name of fairness. Instead, the courts must award custody based on a standard known as the best interests of the child. This requires the courts to prioritize the safety, happiness, stability, and developmental needs of the child.

Tennessee Custody Standards

• Sole custody is considered an exception, not the default
• Courts assume that children benefit from maintaining a relationship with both parents unless evidence proves otherwise
• The physical safety and emotional well-being of the child will be prioritized above all else

What Types of Custody Are Recognized Under TN Law?

There are two types of custody, called physical and legal. Both physical and legal custody can be either joint or sole, depending on the circumstances. Joint custody means that both parents have a legal right to the child, while sole custody means that only one parent houses the child and makes decisions on their behalf.

Legal Custody Explained

• Grants a parent the authority to make decisions regarding education, medical care, and religious upbringing, among other important matters
• Can be shared jointly or granted solely to one parent in the event cooperation is not feasible

Physical Custody Explained

• Refers to where the child primarily resides
• Includes parenting time schedules and residential stability considerations

How Difficult Is It to Get Sole Custody in Tennessee?

In general, Tennessee law operates under the assumption that a child will benefit from having a relationship with both of their parents. A parent may find it extremely difficult to be awarded sole custody unless extenuating circumstances apply.

While TN courts generally favor shared custody and allowing the child to maintain a relationship with both parents, remember that the system’s top priority is the well-being and best interests of the child. If it can be proven that the child would be better off having no or limited contact with one of their parents, sole custody can be awarded.

It’s important to understand that courts generally will not award sole custody if both parents have stable, safe housing and are able to cooperate with one another. However, in the event that joint custody would expose the child to ongoing conflict or instability, the court may be more likely to award sole custody.

Key Considerations for Parents

• Sole custody requires proof, not just allegations
• The burden of proof falls on the parent requesting sole custody
• The court makes decisions in the name of preventing harm to the child, not punishing a parent

Factors Tennessee Judges Use When Deciding Sole Custody

When determining what custody arrangement is best for the child, the court will consider a number of statutory and practical factors. The judge will weigh these factors, rather than relying on a single issue to determine the outcome.

Statutory Best Interest Factors

• The relationship between the child and each parent
• Which parent has historically been the primary caretaker
• Each parent’s mental and physical ability to care for the child
• The stability of each parent and their household
• The ability of the parents to co-parent
• Whether either parent has a history of abuse or neglect
• Whether either parent has a criminal record
• The child’s preference, depending on their age and understanding of the situation

Situations Where Tennessee Courts Are More Likely to Grant Sole Custody

Though rare, there are a number of instances in which the court may grant sole custody to one parent. This is generally the case when a parent can show that a shared custody arrangement would place the child at risk, cause instability, or impact their developmental needs.

Common High Risk Scenarios

• Incarcerated
• Chronic substance abuse ultimately impacting parenting ability
• Domestic violence
• Abandonment or extended periods of absence from the child’s life
• Neglect or abuse
• Mental illness that impacts judgement or safety

What Evidence Can Strengthen a Sole Custody Case in Tennessee?

As mentioned, the courts will not grant sole custody based on accusations or anecdotal evidence alone. That is why gathering objective documentation is critical to fighting for the best possible outcome.

It’s also important to understand that, while judges will rely on documented evidence over testimony alone, evidence will also be evaluated in accordance with proposed parenting plans. As such, consistency will have a more significant impact on the custody decision than isolated events.

Examples of Persuasive Evidence

• Police reports or protective orders
• Medical or psychological evaluations
• School attendance and performance records
• Substance abuse and treatment records
• Witness testimony from teachers and caregivers
• Parenting plans that show stability and consistency

Will the Other Parent Still Have Visitation?

In the event that sole custody is still awarded in Tennessee, the court may still seek to preserve some level of parenting contact between the non-custodial parent and the child, unless it would endanger the child.

Visitation Possibilities

• Supervised visitation may be granted if there are concerns about the child’s safety
• Limited or structured visitation may be included in the parenting plan implemented by the court
• Under extreme circumstances, denial of visitation may occur

Contact Our Tennessee Child Custody Attorneys Today

Going through a divorce is a complicated matter, and when you add a child to the mix, it can make an already stressful situation downright overwhelming. That is why the team at Rice Law is committed to helping you fight for the best possible outcome. If you need help, contact our team today to learn how we can represent you.