Mother holding her child

In Kentucky and Tennessee, custody is decided based on the child's best interests, not on whether a parent is the mother or the father. 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. Child support in both states is set by statewide guidelines based on both parents' incomes. Here is what mothers should understand before custody and support are decided.

What are the types of custody?

Custody has two parts:

  • Legal custody is the right to make major decisions about a 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 and the schedule each parent has.

Kentucky calls the parenting schedule timesharing. Tennessee sets out the schedule and decision-making in a permanent parenting plan, which names a primary residential parent, the parent the child lives with more than half the time.

Will the court favor the mother?

No. Neither state gives a preference to either parent because of gender. Kentucky law requires the court to give equal consideration to each parent, and Tennessee law directs courts not to prefer a parent because of gender.

That cuts both ways. A father can seek equal parenting time or primary custody on the same footing as a mother, and a mother who has been the main caregiver needs to show the court what that care has looked like, not assume it will be recognized.

How do courts decide what is in the child's best interests?

Courts look at factors such as:

  • Each parent's involvement in the child's daily life, including school, healthcare, and activities
  • The child's adjustment to home, school, and community
  • Each parent's willingness to support the child's relationship with the other parent
  • The mental and physical health of everyone involved
  • Any history of domestic violence

In Kentucky, a court may also consider the wishes of a child who is old enough to express a reasoned preference.

A practical step: keep a simple record of your involvement, such as school pickups, doctor's appointments, and activities. Records are more persuasive than memory.

How is child support calculated?

Both Kentucky and Tennessee set child support using statewide guidelines based on both parents' incomes. The calculation also accounts for:

  • The parenting schedule, meaning how much time the child spends with each parent
  • Health insurance for the child
  • Work-related childcare costs

A court can depart from the guideline amount in some circumstances. Support can later be modified if circumstances change significantly. Learn more about child support myths.

Do you have to go to court?

Not always. Many parents reach an agreement on custody and support through negotiation or mediation, where a neutral mediator helps both parents work out a plan. An agreement lets you shape a schedule around your family's actual life instead of leaving it to a judge. If you cannot agree, the court decides at a hearing.

Cooperation matters for another reason: courts look at whether each parent supports the child's relationship with the other parent. Staying civil and child-focused, even when it is hard, helps your case.

What if there are safety concerns?

If you or your children are in danger, safety comes first. In Kentucky, protection may be available through an EPO, DVO, or IPO. In Tennessee, it may be available through an order of protection. A protective order can include temporary custody terms. Learn about protective orders.

If you are in immediate danger, call 911.

How Wise & Associates can help

Wise & Associates handles custody and child support 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. To prepare, see what a divorce lawyer will ask at your first consultation.