How Can I Get Full Custody of a Child in Tennessee?
When a parent asks how to get full custody of a child in Tennessee, the question almost always comes from a place of real urgency. Something has happened, or is currently happening, that makes sharing custody feel unsafe or unworkable. You want to protect your child, and you want to know what the law actually requires to make that happen.
This post walks you through Tennessee’s legal standard for sole custody, what courts look for, what makes a parent unfit under Tennessee law, and the practical steps you need to take to build a winning case.
What is full custody in Tennessee?
Tennessee law recognizes two dimensions of custody: physical custody, which determines where the child lives day to day, and legal custody, which determines who makes major decisions about the child’s education, healthcare, and religious upbringing.
Full custody, which Tennessee law refers to as sole custody, means one parent holds the primary or exclusive rights in one or both of these areas. A court can award sole physical custody, sole legal custody, or both. Even when one parent receives sole custody, the other parent typically retains visitation rights unless the court finds that any contact would endanger the child.
Tennessee courts generally favor arrangements that allow both parents significant involvement in a child’s life. Convincing a court that sole custody is in the child’s best interests requires more than a preference. It requires evidence.
Tennessee’s legal standard for sole custody
Every custody determination in Tennessee is governed by one standard: the best interest of the child. Under Tennessee Code Annotated § 36-6-106, judges evaluate a defined list of factors when deciding whether sole custody is appropriate. These include the strength and history of each parent’s relationship with the child, each parent’s ability to provide a stable home environment, each parent’s willingness to support the child’s bond with the other parent, and any history of domestic abuse, neglect, or substance use.
Courts also consider the child’s adjustment to home, school, and community, the mental and physical health of each parent, and the child’s own stated preferences if the child is 12 years of age or older. No single factor controls the outcome. A judge looks at the complete picture and asks one question: what arrangement truly serves this child?
To obtain sole custody, you must show that the best-interest evidence points strongly in your direction.
What makes a parent unfit in Tennessee?
One of the most direct grounds for seeking full custody is demonstrating that the other parent is unfit. That’s a serious legal finding, and Tennessee courts don’t make those findings on allegations alone. You will need documentation, credible testimony, and often professional evaluations to support your position.
Tennessee courts have found parents unfit based on a history of domestic violence against the child or a household member, active and untreated substance abuse, child abuse or neglect with a substantiated record, severe mental illness that goes untreated and impairs the parent’s ability to care for the child, a pattern of criminal conduct, abandonment, and deliberate efforts to turn the child against the other parent.
Our firm has a dedicated page explaining what makes a parent unfit in Tennessee in greater detail if you want to understand how these factors are evaluated by courts.
The evidentiary burden: What do you actually need to prove your case?
Judges in Tennessee custody cases are experienced at recognizing unsupported claims made by one parent against another. Showing up with accusations and no documentation rarely moves the needle. What moves the needle is organized, specific, verifiable evidence that tells a coherent story about why sole custody serves your child’s interests.
This type of evidence can take many forms. Police reports and protective orders establish documented incidents of violence or criminal behavior. Medical and school records can show signs of neglect or instability. Text messages and emails that have been preserved may provide information about a parent’s attitude and conduct over a period of time. Teachers, pediatricians, counselors, and other adults who have been involved can provide direct testimony about what they have seen. If the court has appointed a guardian ad litem to represent your child’s interests, the facts and evidence the GAL presents can also weigh heavily with the judge.
No matter where you are in your case, start building that record now. Courts reward parents who keep meticulous, consistent records and are skeptical of claims that only emerge once litigation begins.
Practical steps toward sole custody in Tennessee
The process for obtaining full custody depends on your circumstances. If you are divorcing, custody will be decided as part of those proceedings. If you were never married to the other parent, you may need to file a separate petition for custody in the appropriate juvenile court or trial court, depending on your county and circumstances.
Either way, Tennessee requires all custody arrangements to be formalized in a parenting plan, which must be submitted to the court. Even in sole custody cases, the plan must address visitation for the other parent unless visitation has been restricted or denied.
Before a contested custody case goes to a judge, courts in Tennessee often require or encourage the parties to attempt mediation (unless mediation is waived, inappropriate, or restricted by law). Our firm founder, Adrian H. Altshuler, is a Tennessee Supreme Court-approved Rule 31 Mediator, and he brings that experience to every family law matter our firm handles. Mediation doesn’t always resolve custody disputes, but it can narrow the issues and reduce the cost and stress of a full hearing.
If mediation does not produce an agreement, the case proceeds to a custody hearing where both parents present evidence and arguments to a judge. This is where preparation matters most. The strength of your case will depend on the quality of your documentation, the credibility of your witnesses, and the clarity of your legal arguments.
If you believe your child is in immediate danger, do not wait for the standard process to unfold. Your attorney can ask the court for emergency temporary custody, allowing a judge to issue protective orders and temporary custody arrangements while the broader case proceeds.
A note on your child’s preferences
Tennessee courts may take into account the stated preference of a child who is 12 years of age or older. The judge is not required to follow that preference, but the older and more mature the child, the more seriously it may be considered. A child’s wishes will always be weighed alongside all other best-interest factors rather than treated as controlling.
Frequently asked questions
Can I get full custody of my child in Tennessee?
Yes. Tennessee courts can and do award sole custody when the evidence shows it serves the child’s best interests, particularly when one parent poses a documented risk to the child’s safety or stability.
What does a Tennessee court look for when awarding sole custody?
Judges apply the best-interests-of-the-child standard under TCA § 36-6-106, weighing factors including each parent’s relationship with the child, home stability, history of abuse or substance use, each parent’s mental and physical health, and the child’s own preferences if age 12 or older.
What makes a parent unfit for custody in Tennessee?
Courts may find a parent unfit due to domestic violence, active substance abuse, child abuse or neglect, untreated mental illness, abandonment, criminal conduct, or deliberate efforts to damage the child’s relationship with the other parent.
How long does a custody case take in Tennessee?
Uncontested cases can be resolved in weeks. Contested matters that go to a hearing typically take several months, and cases involving serious allegations or professional evaluations can take longer.
Does Tennessee favor mothers over fathers in custody decisions?
No. Tennessee law expressly prohibits courts from favoring either parent on the basis of sex. Fathers and mothers are treated equally, and the outcome is determined entirely by what serves the child’s best interests.
What should I do if my child is in immediate danger?
Contact law enforcement if there is an emergency. Your attorney can also petition the court for emergency temporary custody, which allows a judge to issue immediate protective orders while the full case is pending.
Talk to a Tennessee child custody attorney
Pursuing sole custody is one of the most consequential legal steps a parent can take. Done well, it protects your child and brings stability to your family’s future. Done without the right preparation and advocacy, it can fall short even when your concerns are legitimate.
The Law Offices of Adrian H. Altshuler & Associates represents parents throughout Franklin, Brentwood, Columbia, and the surrounding communities in Tennessee. We work hard for our clients and harder for their children. Contact us today to schedule a free consultation.