Child Custody

Like all states, Tennessee and its family court system makes child custody determinations regarding a minor upon the basis of the best interest of the child. Parents are encouraged to agree on a Parenting Plan and Child Visitation Schedule. Should those efforts fail, the court will provide its own plan. Whether you create the child custody plan, or the family court does, divorce laws in Tennessee allow the court to consider any or all relevant factors including the following:

• The disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver,
• The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment,
• The love, affection and emotional ties existing between the parents and child,
• The stability of the family unit of the parents,
• The mental and physical health of the parents,
• The home, school and community record of the child,
• The reasonable preference of the child if twelve (12) years of age or older,
• Evidence of physical or emotional abuse to the child, to the other parent or to any other person,
• Each parent's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.

Tennessee divorce law specifies the rights of each parent:

• The right to receive notice and relevant information as soon as practicable but within twenty-four (24) hours of any event of hospitalization, major illness or death of the child,
• The right to unimpeded telephone conversations with the child at least twice a week at reasonable times and for reasonable durations,
• The right to send mail to the child that the other parent shall not open or censor,
• The right to receive directly from the child's school records, names of teachers, class schedules, standardized test scores, and any other records customarily made available to parents, upon written request that includes a current mailing address and upon payment of reasonable costs of duplicating,
• The right to be free of unwarranted derogatory remarks made about such parent or such parent's family by the other parent to or in the presence of the child,
• Unless otherwise provided by law, the right to receive copies of the child's medical, health or other treatment records directly from the physician or health care provider who provided such treatment or health care upon written request that contains a current mailing address and upon payment of reasonable costs of duplication; provided, that no person who receives the mailing address of a parent as a result of this requirement shall provide such address to the other parent or a third person,
• The right to be given at least forty-eight (48) hours notice, whenever possible, of all extra-curricular activities, and the opportunity to participate or observe, including, but not limited to, the following:
  a. School activities
  b. Athletic activities
  c. Church activities
  d. Other activities as to which parental participation or observation would be appropriate.
• The right to receive from the other parent, in the event the other parent leaves the state with the minor child or children for more than two (2) days, an itinerary including telephone numbers for use in the event of an emergency,
• The right of access and participation in education, including the right of access to the minor child or children for lunch and other activities, on the same basis that is provided to all parents, provided the participation or access is reasonable and does not interfere with day-to-day operations or with the child's educational performance. If a marriage separation (sometimes referred to as a marital separation or legal separation) has been decreed, the court can make further orders for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as the court deems appropriate.

Tennessee law requires that if the custodial parent wishes to move to another location, and that location is more than 100 miles from the other parent (in state or out of state), the relocating parent must send a notice to the other parent at the other parent's last known address by registered or certified mail at least 60 days prior to the move. The non-custodial parent is then free to challenge the relocation in court.

A copy of a child's medical and school records must be furnished to the non-custodial parent upon written request, unless furnished with a court order closing the records.

Should the non-custodial parent willfully abandon a child for a period of eighteen (18) months or more, as provided in the permanent or temporary parenting plan, the court will be legally able to limit the non-custodial's time with the child.

 

Concerned about custody and visitation battles in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced, and adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

  More on custody and visitation

[Tennessee Code - Volume 6A, Title 36, Sections 36-4-106]

Marriage Annulment

A marriage annulment renders the union void, illegal and effectively to have never occurred. There is a specific process associated with a marital annulment (also known as a marital annulment) that looks similar to separation and dissolution [divorce]). One must sue (file a petition), serve the other party and claim one of Tennessee's grounds for annulment. Grounds for annulment include:

• Fraud - any form of misrepresentation or by deceiving someone. If your spouse has gained your agreement to marry by fraud, you can obtain annulment in TN,
• Bigamy - TN annulment laws provide that both spouses be single at the time of the marriage,
• Consanguinity or Incest - annulments are granted for marrying a relative too closely related,
• Duress - Marriages made under duress or force can be annulled under TN annulment laws,
• Sexual Dysfunction - If your spouse is impotent and this is affecting your marital relationship, you can get annulment according to TN annulment laws,
• Underage Marriage - marrying below the legal age,
• Incurable Insanity - Your spouse has no hope of recovering can permit an annulment, and
• Pregnancy by another - Your wife has gotten pregnant by another.

More on annulments

[Tennessee Code - Volume 6A, Title 36, Sections 36-3-101 102; 36-4-125; 36-3-113]

Child Support

Tennessee child support laws and the family courts that apply them provide for minor children of a marriage in most any way they deem appropriate. A weekly, monthly or semi-monthly child support payment is possible. A person's income can be attached by the court if support payments are not paid.  

• If one has one child, 20% of his or her net income would be deducted.
• Twenty five percent is deducted if the obligor has two children.
• If the obligor has three children, then 30% of the net income is deducted.
• Four or five children, and the deductions would be 35% and 40% of the net income respectively.
• Six children or more, and the obligor would pay over 40%.

TN child support payments can be ordered paid directly to the spouse or to the clerk of the court. The parents may not make changes to the court ordered child support unless approved by the court. This prevents coercion or intimidation. Tennessee child support enforcement includes intercepting IRS tax refund checks, reporting to the credit bureau, intercepting unemployment benefits, and the denial of passport rights. Suspension of drivers licenses and liens on property can also be used as an enforcement tool.

Tennessee further enforces collection of delinquent child support payments by reporting to the credit bureau, intercepting unemployment benefits, and the denial of passport rights. Suspension of drivers licenses and liens on property can also be used as an enforcement tool. If you have any questions or need assistance, you can go to or call the Tennessee Department of Human Services.

Tennessee courts will order an immediate assignment of the obligor's income, regardless of whether the payor is currently making payments or not. The sole method to avoid this income assignment is by mutual agreement by the parents, and that agreement being approved by the court. TN child support payment ends after the child reaches 18 years of age if the child is still in high school. The duty of child support will continue until the child graduates from high school or the class of which the child is a member when the child attains 18 years of age graduates, whichever occurs first. In cases where a child is handicapped, TN child support can be extended to age 21, or beyond.

Concerned about custody and visitation battles in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced, and adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

More on child support and alimony

[Tennessee Code - Volume 6A, Title 36, Sections 36-4-101 and 36-4-501]

How to file for no fault divorce in Tennessee

In order to file for a no-fault divorce in Tennessee, you must state that there are irreconcilable differences, and that there are no disagreements between you and your spouse. You or your spouse must have been a Tennessee resident for at least 6 months prior to the filing. You must also show that you and your spouse have been living apart for at least 2 years in order to receive a no-fault divorce.

To begin the divorce, file a Petition for Divorce. This form will state irreconcilable differences and the details about your marriage. You must file your petition in the county where you two lived when you separated, in the county where your spouse (the Defendant) lives, or in the county you (the Petitioner) live.

Your uncontested divorce permits you to “serve”, or notify your spouse yourself either through the mail or in person, as long as your spouse signs a form acknowledging receipt and states an intention to respond. You are not required to use a professional process server. Once your spouse files the response, the court will schedule a hearing, no sooner than 60 days after your filing (or no sooner than 90 days if there are children in the picture). The courts in Tennessee schedule uncontested dockets, where your final hearing will occur. Other couples will be called before and after your hearings. Think of a cattle call. You have the option of requesting a specific date and time to avoid the docket hearings. You make that request to the County Clerk’s office. How it all proceeds can vary depending on your local court system though. The Clerk of the Court can advise you on the process. Presuming your divorce is uncontested, you will create a Divorce Settlement Agreement with your spouse. In this document, you will agree to terms dividing assets and debt, property, alimony if any, and how, when, where and with whom your children will be cared for. Call it a “visitation schedule”, or a Parenting Plan.

Pay particularly close attention to the Parenting Plan. This is an agreement that you must follow for as long as your children are minors (and sometimes longer). We suggest you avoid cutting corners on the document (by using cookie-cutter parenting plans found on the internet). They simply don’t cover all the issues, and you need a parenting plan outline that will ask you questions you may not have thought of.

Prepare your information before you complete a parenting plan. We recommend using free parenting plan worksheets available from About.com. Once you've completed that task, you must decide how you want to maintain the records of the plan.

Making paper copies will sometimes suffice, however, paper copies of parenting plans carry with them some risks. If your computer crashes and you don’t have a recent backup – well you know what that means – GONE. Paper copies allow plan changes due to the inevitable changes in children’s and parents schedules and activities, but with each change, you have to print the plan and send it to your ex and hope it doesn’t “get lost”. It isn’t uncommon for one parent to claim a change in the children’s schedules was discussed and agreed upon with you when it really wasn’t. Changes to the schedule made weeks or months in advance can be forgotten if the paper-copy plan isn’t carefully kept.

We recommend using an on-line parenting plan. You should first transfer the data collected on the worksheets (described above) to the on-line plan.

 

An on-line Parenting Plan reduces or eliminates the hassles connected to most schedule changes. Such changes are made easily and quickly, and your spouse can be notified that a change has been entered. The plan is accessible from any computer, and since it isn’t kept on your computer, concerns over lost data are eliminated. A forward calendar details the visitation schedule, and kids activities can be viewed by either parent or the kids at any time. You can print the plan to include it in your current divorce proceeding (as part of the Divorce Settlement Agreement), or you can print it out should there be a request for modification of child support, child custody or visitation at any time in the future. The on-line version also permits tracking of parenting time by each parent and the tracking of child care expenses. Judges love accurate records. See Parenting Plan Template.

 

One Mom told us that she and her Ex agreed that unless a change or addition to the kids schedule has been discussed AND agreed upon, it won’t appear on the on-line calendar they share, and if it ain’t on the calendar, it ain’t happening.

See our discussion on Do-It-Yourself Divorce

Legal Separation - Marital Separation

A Legal Separation is a legal process where a party to a marriage petitions the court to decree that it never existed. The legal separation will require a separation agreement, resolving all issues surrounding the marriage save its status as a marriage. Those issues include custody of any minor child, financial support of child and/or the dependent spouse, and a plan for dividing the marital assets.

Applicants seeking legal separation often do so for religious reasons (to avoid the stigma of divorce) or to preserve health care or insurance coverage. The status of legal separation makes the parties effectively single and able to separate any and all financial dealings from the other. Either may petition the court to 'convert' the separation to a dissolution (divorce). How to file for separation is similar to how to file for divorce, in that the divorce papers are similar. To get it under way, see our divorce forms section, download a complete packet, then call your local county clerk's office for directions on where to bring the completed forms.

 

Worried about a custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

More on marital separation

[Tennessee Code - Volume 6A, Title 36, Sections 36-4-102]

Divorce Settlement - Dividing marital assets

Tennessee is known as an equitable distribution state, which means that the court will divide the marital assets between the parties as it deems equitable and just, after setting aside to each spouse the separate property of each. However, you and your divorcing spouse will be given an opportunity to put together a divorce settlement. If you are unable to come to an agreement, the court will step in. Some of the factors the court considers in dividing the property between the parties include:

• The duration of the marriage,
• The age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities and financial needs of the spouses,
• The tangible and intangible contributions of each spouse to the education, training, or increased earning power of the other,
• The relative ability of each party for future acquisitions of capital assets and income,
• The contributions of each party to the acquisition reservation, appreciation, depreciation or dissipation of the marital or separate property,
• The value of each party's separate property and Any other factors necessary to achieve an equitable distribution.

Lock up the assets

If you think your spouse might try to hide assets, or spend them, we suggest you file a petition for a financial temporary restraining order. This order prevents liquidating assets or spending money beyond the basic necessities of daily living. You might first consider allocating enough funds to see yourself through, because the restraining order will apply to you too. Looking for a Divorce Settlement Agreement? Create One in Minutes with Rocket Lawyer

More on dividing marital assets

[Tennessee Code - Volume 6A, Title 36, Sections 36-4-121]

Alimony - Spousal Support - Maintenance

When a legal separation or divorce is granted, one option will be that spousal support will be granted if it determines that alimony is justifiable. The court will also enter its decree confirming in each spouse the property owned by him or her before marriage and the undisposed-of property acquired after marriage by him or her in his or her own right. Either spouse may be allowed such alimony out of real and personal property of the other as the court shall think reasonable.

Spousal support considerations will be determined by:

• The duration of the marriage,
• The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit sharing or retirement plans and all other sources,
• The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party's earnings capacity to a reasonable level,
• The age and mental condition of each party,
• The physical condition of each party, including, but not limited to, physical disability or incapacity due to a chronic debilitating disease,
• The extent to which it would be undesirable for a party to seek employment outside the home, because such party will be custodian of a minor child of the marriage,
• The separate assets of each party, both real and personal, tangible and intangible,
• The provisions made with regard to the marital property,
• The standard of living of the parties established during the marriage,
• The extent to which each party has made such tangible and intangible contributions to the marriage as monetary and homemaker contributions, and tangible and intangible contributions by a party to the education, training or increased earning power of the other party,
• The relative fault of the parties, in cases where the court, in its discretion, deems it appropriate to do so,
• Any other appropriate factors.

Tennessee courts may issue orders for alimony (sometimes called spousal support or maintenance) for a rehabilitative alimony, periodic alimony, transitional alimony and lump sum alimony.

Tennessee courts may issue orders for alimony (sometimes called spousal support or maintenance) for a rehabilitative alimony, periodic alimony, transitional alimony and lump sum alimony.

Rehabilitative Alimony

The intent of rehabilitative alimony is to assist the economically disadvantaged spouse in establishing a reasonable earning capacity that will permit the economically disadvantaged spouse's standard of living after the divorce to be reasonably comparable to the standard of living enjoyed during the marriage. Rehabilitative alimony terminates upon the death of the payor.

Periodic alimony

If the court finds that there is relative economic disadvantage and rehabilitation is not feasible relative to one spouse, it may award periodic alimony which is an order for payment of support and maintenance on a long-term basis or until death or remarriage of the recipient. Periodic alimony terminates upon the death of the payor.

Transitional alimony

The courts award transitional alimony for a specified period of time. The courts make this award when the court finds that rehabilitation is not necessary, but the economically disadvantaged spouse needs assistance to adjust to the economic consequences of a divorce. Transitional alimony ends at the death of the payor.

Lump sum alimony

Courts may award a lump sum alimony award in addition to, or in lieu of, other alimony awards. Apart from transitional alimony, this form is long term support, paid in installments, payments are ordered over a definite period of time and serves to provide financial support to a spouse.

[Tennessee Code - Volume 6A, Title 36, Sections 36-4-101]

Visitation - Kids travel between two homes

Parties to a separation or divorce have the option of submitting a visitation schedule or parenting plan to the court during the legal process. A parenting plan will detail the particulars on when each parent will have the children, and what responsibilities they will have. If you cannot agree on a visitation schedule, the court will order one. Features typically found in a visitation agreement where the non-custodial spouse is concerned are:

• alternate weekend visitation (3-day weekends included),
• mid-week visitation,
• sharing of the children during periods of school recess -winter, spring and summer,
• New Year's Eve,
• Easter,
• Rosh Hashanah and Yom Kippur,
• Thanksgiving, and Christmas with one parent or the other in alternate years,
• Father's Day with Father, Mother's Day with Mother,
• alternate years on the children's birthdays, and open communication by phone and computer.

You may wish to consider these issues and whether or not they should be a part of the agreement. Be as specific as you can including the right language in your agreement. How is the decreed custody defined? What are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What time and where may the other parent pick the child up? What time should the child be returned home?

What is the procedure to follow if either of you are running late and won't be there on time? How much notice should you be given if they are planning a vacation? How far away may the other spouse move? What about future partners? Should those partners stay overnight in front of the children? The smart way to address these issues is to create your own online parenting plan.

 

Concerned about custody and visitation battles in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced, and adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

 

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

[Tennessee Code - Volume 6A, Title 36, Sections 36-6-301]

Grounds for divorce

The district court, guided by Tennessee divorce statutes, may grant a divorce for any of the following causes (grounds):

• Abandonment for one (1) year,
• Adultery,
• Impotency,
• When the wife at the time of her marriage, was pregnant by another than her husband,
• Extreme cruelty,
• Fraudulent contract,
• Incompatibility,
• Habitual drunkenness,
• Gross neglect of duty,
• Imprisonment of the other party in a state or federal penal institution, Insanity for a period of five (5) years.

[Tennessee Code - Volume 6A, Title 36, Sections 36-4-101 and 36-4-103]

Residency - You must be a legal resident to file

Tennessee divorce laws require that in order for your divorce petition to be accepted and processed in this state, the acts of marital misbehavior must have been committed while the plaintiff was a resident of the state. If the acts complained of were committed outside of Tennessee and the plaintiff resided outside of the state at the time, either of the parties must have resided in Tennessee for six (6) months prior to the filing of the petition.

 

 

 

 

[Tennessee Code - Volume 6A, Title 36, Sections 36-4-104 and 36-4-105]

Mediation - Using a Mediator to resolve disputes

In any proceeding concerning the custody of a child, if there exists an order of protection or a finding of domestic abuse or any criminal conviction involving domestic abuse, the court may order mediation or refer either party to mediation only if:

Mediation is agreed to by the victim of the alleged domestic or family violence, Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and The victim is permitted to have in attendance at mediation a supporting person of the victim's choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a non-attorney advocate for attendance at mediation.

 

[Tennessee Code - Volume 6A, Title 36, Sections 36-4-126 and 36-4-130]

Grandparents Visitation

Visitation rights of grandparents may be secured by petitioning the court during or after the divorce process, and after the court judging such is in the best interest of the child. A hearing for visitation by grandparents becomes necessary if any of the following circumstances occur:

• the child's mother or father are divorced, legally separated, or were never married to each other
• one of the child's parents are deceased
• the child lived with the grandparent for 12 months or more and was removed by the parent and the grandparent contends that denial of visitation will cause irreparable harm to the child
• a parent of the child has been missing for at least 6 months

 

 

 

Make your request prior to the dissolution of the marriage to avoid the potential for a separate filing and additional legal fees.

[Tennessee Code - Volume 6A, Title 36, 36-6-306 and 36-6-307]

Waiting Period

Divorces filed upon the grounds of irreconcilable differences require that there be a sixty (60) day waiting period between the time of the filing of the petition and the hearing of the divorce if the parties have no minor children. If the parties have minor children, TN family law requires a ninety (90) day waiting period between the filing of the petition and the hearing of the action. There are no restrictions against remarriage following a final divorce decree.