Child custody cases can be both emotionally and legally difficult. When parents cannot agree on who should be the primary caregiver—or how to split parenting responsibilities—they may seek help from Tennessee courts. While joint or shared custody is often the default preference, there are situations where a parent might request full custody. However, obtaining full custody requirements can be challenging in the state, and you will need to show the court why this arrangement is best for the child.
“Full custody” generally refers to one parent having both legal and physical custody of a child. Legal custody is the right to make decisions about the child’s health, education, and general welfare, while physical custody means the child lives with that parent most of the time.
In Tennessee, courts strongly encourage both parents to be involved in the child’s life. This means that judges do not grant full custody lightly or just because one parent wants it. If you are seeking full custody, you must show that the other parent is unable or unfit to share in the child’s upbringing or that shared custody is not in the child’s best interests.
Given the courts’ emphasis on co-parenting, asking a judge to grant you sole authority can be an uphill battle. You must demonstrate that placing the child primarily with you benefits the child in a clear and compelling way. In some scenarios, such as if the other parent is abusive or struggles with severe substance abuse issues, the court may indeed find full custody is the right choice. In other instances, parents must provide extensive evidence that the child’s well-being would suffer if the other parent were awarded any significant share of custody.
What Are the Requirements for Full Custody?
When exploring full custody requirements in Tennessee, you must convince the court that it is the best option for your child’s safety and well-being. Courts want to ensure that children have consistency, stability, and strong emotional bonds.
The Other Parent Is Unfit or Unable to Care for the Child
One of the most important factors a Tennessee court may consider when deciding on child custody decisions in Tennessee is whether the other parent is deemed “unfit” or simply unable to provide adequate care.
This determination can hinge on evidence of severe mental health challenges that prevent the parent from consistently tending to the child’s physical and emotional needs or on financial instability so severe that the parent cannot secure proper housing, food, or medical care for the child. In some cases, a parent who struggles with severe mental illnesses might not follow treatment plans or regularly attend therapy, resulting in an unsafe or unpredictable environment for the child.
Courts also look at a parent’s overall track record of caregiving responsibilities. If the other parent has a history of being absent, failing to adhere to visitation schedules, or refusing to take basic parenting courses as required by state guidelines, that pattern can suggest they lack the willingness or capability to meet the child’s day-to-day needs.
While judges in Tennessee generally prefer both parents to be involved in the child’s life, a parent who demonstrates clear signs of unfitness may be restricted from making significant decisions or even from having unsupervised visitation.
If you suspect the other parent’s fitness is a serious concern, it is often wise to schedule a lawyer consultation with a local Tennessee attorney who can help you collect the evidence needed to prove your case under Tennessee’s full custody requirements.
Significant Safety Concerns
Even if a parent appears to be financially stable or maintains suitable living conditions, the court will examine whether there are any significant safety concerns in the home. Such concerns can arise when a parent is living with someone who has a violent criminal history or if the parent themselves engages in behaviors that place the child’s well-being at risk.
For instance, a pattern of domestic violence—whether directed at the child or another person in the household—can undermine the court’s confidence in that parent’s ability to keep the child safe. Similarly, allegations of repeated intoxication or reckless behavior can be enough to trigger a closer look at whether unsupervised parenting time would be hazardous.
In some cases, the court may order supervised visitation or impose strict limitations on a parent’s contact with the child, especially if there is any indication that the parent’s conduct puts the child in imminent danger.
Protective orders may also be issued if the parent poses a direct threat to the child or the other custodial parent. Under custody laws for unmarried parents, these safety evaluations apply just as strongly, as the child’s welfare remains the top priority regardless of marital status.
If you find yourself dealing with another parent whose behavior is endangering your child, you will need to provide thorough documentation and possibly testimony from witnesses who can attest to the unsafe environment. Consulting with a local Tennessee attorney is the best way to ensure that your concerns about the child’s safety are properly presented in court.
History of Abuse, Neglect, or Substance Abuse
A court’s ultimate guiding principle is the child’s best interests standard, and a history of abuse, neglect, or substance abuse is one of the most compelling reasons for limiting or denying a parent’s custody rights. If the other parent has been reported to Child Protective Services in the past, has a criminal record involving harm to a child, or has repeatedly tested positive for drugs or alcohol in a manner that endangers the child, these factors weigh heavily in favor of granting full custody to the more stable parent.
Evidence may come in many forms, including medical records documenting injuries, police reports of domestic incidents, statements from teachers or neighbors, and testimonies from healthcare professionals or counselors.
Additionally, a parent with a track record of serious neglect—such as leaving a child unsupervised in dangerous circumstances or failing to ensure the child receives necessary medical care—could be deemed unfit by the court. In such cases, judges may require that parent to complete rehabilitation programs, parenting classes, or substance abuse treatment before they can regain any meaningful custody or even visitation rights.
It is important to note that while the court is open to the possibility of parental rehabilitation, a consistent and ongoing pattern of endangerment can seal the case for the other parent to receive full or primary custody.
Stable Environment and Primary Caregiver Role
When determining if a parent should be awarded sole custody, Tennessee courts consider whether the requesting parent can offer a stable environment that supports the child’s well-being.
If you have served as the primary caregiver for most of the child’s life—handling daily tasks like preparing meals, overseeing homework, scheduling medical appointments, and attending school events—you have a strong basis for showing that continuity in your home is vital. Stability means more than just financial security; it encompasses emotional support, routine, discipline, and a supportive living situation that fosters the child’s development.
Keep in mind that these requirements apply regardless of marital status. If you are not married to the other parent, custody laws for unmarried parents in Tennessee still prioritize the child’s best interests. A judge will look at the same types of factors to decide who should be the primary caregiver, how parenting time should be divided, and whether sole custody is appropriate.
How Is Custody Determined?
When it comes to child custody decisions in Tennessee, judges rely on the child’s best interests standard. Rather than automatically favoring one parent over the other, Tennessee courts want to see which arrangement will serve the child’s needs and growth most effectively.
Factors commonly weighed by judges include:
- Child’s Relationship with Each Parent: Does the child have a strong bond with both parents? How involved has each parent been in day-to-day care?
- Ability to Provide for the Child’s Needs: This includes financial stability, a safe home, and emotional support.
- Stability of Each Parent’s Home Environment: Frequent relocations, new relationships moving in, or ongoing family conflict can negatively impact a child’s sense of security.
- Child’s Adjustment to Home, School, and Community: Courts aim to minimize disruption in the child’s life. If a child is thriving in their current environment, a judge may be reluctant to uproot them.
- History of Abuse or Domestic Violence: Any record of violence toward the child or the other parent can strongly influence custody decisions.
- Each Parent’s Physical and Mental Health: A parent’s ability to meet the child’s needs is crucial, so serious physical or mental health problems can become a factor.
- Child’s Preference (If 12 Years or Older): While a child’s wishes are not the final word, judges often consider the preference if the child is mature enough to express it.
In addition, Tennessee courts must comply with laws that encourage maximum participation from both parents. If there is no compelling reason to exclude one parent, the court typically opts for some form of shared or joint custody arrangement. Getting full custody, therefore, involves showing clear, convincing evidence that the other parent’s involvement poses risks or is otherwise not in the child’s best interests.
Do I Need To Hire a Lawyer for Help With Child Custody Issues?
If you are dealing with a high-stakes custody dispute—or you simply want the reassurance of knowing a professional is on your side—working with a Tennessee child custody lawyer is often a wise step. You can use LegalMatch to connect with a Tennessee child custody lawyer who understands the nuances of state laws and can advocate for you in court.
Whether you need guidance on custody laws for unmarried parents, representation in a contested custody battle, or help forming a parenting plan, a lawyer’s support can make a critical difference in achieving the best result for your family.
