Family on the beach

To get custody of a child in Kentucky or Tennessee, you file with the court, or respond to the other parent's filing, and show that your proposed arrangement is in the child's best interests. Kentucky courts start from a presumption that joint custody and equal parenting time are in the child's best interests. Tennessee courts adopt a permanent parenting plan that names a primary residential parent. Either way, the court looks at each parent's involvement, the child's stability, and each parent's willingness to support the child's relationship with the other parent.

What are the types of custody?

  • Legal custody is the authority to make major decisions about the child's education, healthcare, and religion. It can be joint, where both parents share decisions, or sole, where one parent decides.
  • Physical custody is where the child lives.
  • The parenting schedule is called timesharing in Kentucky. In Tennessee, it is set out in the permanent parenting plan. The parent the child lives with more than half the time is the primary residential parent, and the other is the alternative residential parent.

What if we were never married?

If the parents were never married, the father's legal parentage generally has to be established before a court can order custody or parenting time. That can happen through a voluntary acknowledgment signed at the hospital, or through a court case. Once parentage is established, custody is decided on the same best-interests standard as in a divorce.

What do courts consider in a custody case?

Kentucky and Tennessee each list factors in their statutes. They overlap heavily:

  1. Each parent's relationship with the child and involvement in daily care, including school, healthcare, and activities
  2. The child's adjustment to home, school, and community
  3. Each parent's willingness to support the child's relationship with the other parent. Undermining that relationship counts against a parent.
  4. The mental and physical health of everyone involved
  5. Any history of domestic violence or substance abuse
  6. The child's wishes, depending on the child's age and maturity. This is never the only factor.

Neither state prefers a parent because of gender. Read what moms need to know about custody.

How do you prepare for a custody case?

  1. Document your involvement. Keep a simple record of school pickups, appointments, activities, and daily care.
  2. Show a stable home. Courts look for a safe, consistent environment and a workable schedule.
  3. Communicate in writing, and keep it civil. Texts and emails can become evidence. Read about co-parenting apps and communication in high-conflict custody cases.
  4. Watch social media. Posts can be used in court. Read about social media and divorce.
  5. Consider mediation. Many parents reach an agreement with the help of a neutral mediator, which lets them build a schedule around their family's actual life.
  6. Be ready for a hearing. If you cannot agree, the court decides based on the evidence each parent presents.

What if my child is in danger?

If a child is in immediate danger, call 911. A protective order can include temporary custody terms: an EPO, DVO, or IPO in Kentucky, or an order of protection in Tennessee. Courts can also enter temporary custody orders on an urgent basis. Learn about protective orders.

Can a custody order be changed?

Yes, but the rules differ by state:

  • Kentucky: a motion to modify custody within two years of the order requires sworn affidavits showing specific grounds, such as serious danger to the child. After two years, the court considers whether circumstances have changed and whether a modification is in the child's best interests. Changes to the timesharing schedule are decided based on the child's best interests.
  • Tennessee: a parenting plan can be modified when there is a material change in circumstances and the change is in the child's best interests. A parent who plans to move out of state, or more than 50 miles away, generally must give the other parent written notice at least 60 days before the move.

Common reasons for modification include relocation, a change in the child's needs, and a parent's conduct that endangers the child.

How Wise & Associates can help

Wise & Associates handles custody cases in Kentucky from its Louisville office and in Tennessee through Wise Law in Nashville. Fees are staged flat fees, never hourly, with upfront fees from $1,500 to $5,000 depending on the case type and how much litigation is required. See how pricing works.

Consultations are free and by phone. Book a time, then call the office at your scheduled time.