Family court house

Updated October 16, 2026

In Nashville, custody is set by a permanent parenting plan that fixes each parent's residential schedule and decision-making based on the child's best interests (Tenn. Code Ann. § 36-6-106). Wise Law, the Nashville office of Wise & Associates, handles Davidson County parenting plan cases for an upfront flat fee between $1,500 and $5,000.

Tennessee Uses Parenting Plans, Not Just “Custody”

Every Tennessee divorce or custody case with minor children ends with a permanent parenting plan (Tenn. Code Ann. § 36-6-401 and following). The plan names the primary residential parent, sets each parent's schedule for school weeks, weekends, holidays, and summer, and assigns decision-making for education, non-emergency health care, religion, and activities.

How Do Nashville Judges Decide?

When parents cannot agree, the court orders a plan based on the child's best interests that lets each parent enjoy the maximum participation possible in the child's life, consistent with the best-interest factors, where the parents live, and the child's need for stability (Tenn. Code Ann. § 36-6-106). The factors include:

  • The strength and nature of the child's relationship with each parent
  • Each parent's past and potential performance of parenting responsibilities
  • Each parent's willingness to support the child's relationship with the other parent
  • The child's stability and ties to home, school, and community
  • Each parent's mental and physical health
  • Evidence of abuse
  • The reasonable preference of a child 12 or older

What Rights Does Each Parent Have?

Tennessee law lists rights a parenting order can give each parent while the child is with the other parent, when the court finds them in the child's best interest (Tenn. Code Ann. § 36-6-101(a)(3)). They include:

  • Phone or video calls with the child at least twice a week at reasonable times
  • Notice within 24 hours of a hospitalization, major illness or injury
  • Access to school and medical records directly from the school and providers
  • Notice of school, athletic, and religious events where parents take part
  • Freedom from demeaning remarks about you made to or in front of the child
  • Travel details for out-of-state trips longer than 48 hours

Check your own parenting plan to see which rights it includes.

Which Davidson County Court Hears Your Case?

In Davidson County, parenting plans in a divorce are decided in Circuit Court or Chancery Court, depending on the case. Parenting plans between parents who were never married are generally handled in Juvenile Court, where a father may first need to establish parentage.

Mediation and the Parenting Seminar

Parents who cannot agree are generally required to attend mediation before the court decides, unless excused, for example where there is domestic abuse (Tenn. Code Ann. § 36-6-409). Tennessee also generally requires parents with minor children to attend a parent education seminar unless the court waives it.

What If a Parent Wants to Move?

A parent who plans to move more than 50 miles away or out of state must give the other parent written notice, generally at least 60 days before the move. The other parent then has 30 days to file a petition opposing it (Tenn. Code Ann. § 36-6-108).

Can a Parenting Plan Be Changed?

Yes. A parent must show a material change in circumstances and that the change serves the child's best interests. For the residential schedule, that can include significant changes in the child's needs, a parent's living or working conditions, or a parent's failure to follow the plan.

How Wise Law Handles Parenting Plan Cases

Frequently Asked Questions

Does Tennessee use the word custody?

Tennessee courts set custody through a permanent parenting plan, which names the primary residential parent and sets each parent's schedule and decision-making.

How do Tennessee courts decide a parenting plan?

Based on the child's best interests, with a schedule that gives each parent the maximum participation possible consistent with the factors in Tenn. Code Ann. § 36-6-106.

At what age can a child choose in Tennessee?

A child does not choose, but the court considers the reasonable preference of a child 12 or older and may hear a younger child's preference.

Is mediation required in Nashville custody cases?

Generally yes, unless the parents are excused, for example where there is domestic abuse.

How much does a child custody lawyer cost at Wise Law?

At Wise Law, the Nashville office of Wise & Associates, parenting plan cases start with an upfront flat fee between $1,500 and $5,000, with added stages priced before they begin.

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Wise Law, Nashville: 4235 Hillsboro Pike, Suite 300, Nashville, TN 37215 · (615) 208-9190 · Book a free phone consultation

Wise Law is the Nashville office of Wise & Associates, Louisville, Kentucky.

Wise Law, the Nashville office of Wise & Associates, represents parents in parenting plan cases in Davidson, Williamson, Rutherford, Wilson, and Sumner counties.

Attorney advertising. This article provides general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.