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In a suit for annulment, divorce, separate maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, the determination shall be made on the basis of the best interest of the child. As required by § 36-6-404(b), only if the limitations of § 36-6-406(a)-(d) are not dispositive of the child's residential schedule, then the court shall consider all relative factors, including the factors found in subdivisions (a)(1)-(17), and in a child custody order, the court shall include written findings of fact as to whether the limitations in § 36-6-406(a)-(d) apply.

In taking into account the child's best interest, the court shall order a custody arrangement that permits both parents to enjoy the maximum participation possible in the life of the child consistent with the factors set out in this subsection (a), the location of the residences of the parents, the child's need for stability and all other relevant factors. The court shall consider all relevant factors, including the following, where applicable:

1. The strength, nature, and stability of the child's relationship with each parent, including whether one (1) parent has performed the majority of parenting responsibilities relating to the daily needs of the child;
2. Each parent's or caregiver's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, consistent with the best interest of the child. In determining the willingness of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, the court shall consider the likelihood of each parent and caregiver to honor and facilitate court ordered parenting arrangements and rights, and the court shall further consider any history of either parent or any caregiver denying parenting time to either parent in violation of a court order;
3. Refusal to attend a court ordered parent education seminar may be considered by the court as a lack of good faith effort in these proceedings;
4. The disposition of each parent to provide the child with food, clothing, medical care, education and other necessary care;
5. The degree to which a parent has been the primary caregiver, defined as the parent who has taken the greater responsibility for performing parental responsibilities;
6. The love, affection, and emotional ties existing between each parent and the child;
7. The emotional needs and developmental level of the child;
8. The moral, physical, mental and emotional fitness of each parent as it relates to their ability to parent the child. The court may order an examination of a party under Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party under § 33-3-105(3). The court order required by § 33-3-105(3) must contain a qualified protective order that limits the dissemination of confidential protected mental health information to the purpose of the litigation pending before the court and provides for the return or destruction of the confidential protected mental health information at the conclusion of the proceedings;
9. The child's interaction and interrelationships with siblings, other relatives and step-relatives, and mentors, as well as the child's involvement with the child's physical surroundings, school, or other significant activities;
10. The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;
11. Evidence of physical or emotional abuse to the child, to the other parent, or to any other person, including the child's siblings. The court may, where appropriate, refer any issues of abuse to juvenile court for further proceedings;
12. The character and behavior of any other person who resides in or frequents the home of a parent and such person's interactions with the child;
13. The reasonable preference of the child if twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preference of older children should normally be given greater weight than those of younger children;
14. Each parent's employment schedule, and the court may make accommodations consistent with those schedules;
15. Whether a parent has had custody or parenting time reduced or restricted in the past and if so, the reasons custody or parenting time was relinquished;
16. Whether a parent has failed to pay court-ordered child support; and
17. Any other factors deemed relevant by the court.

Calculation of child support is controlled by the Tennessee Child Support Guidelines. Some of the things taken into consideration when calculating child support are:

• Number of days per year that each parent has visitation with the children
• Gross income of the parties
• Health insurance costs related to the child
• Work-related child care costs
• Uncovered medical expenses
• Other qualifying children living in the home of the parents
• Other qualifying children not living in the home of the parents, and child support paid for those children
• If a previous child support order exists, whether a significant variance exists between the old amount of child support and the new child support amount (generally speaking, a 15% variance is significant)

The items listed above are a generalization of child support calculation. There are a number of other factors to consider before a final calculation can be obtained (self-employment deductions, sources of income, imputation of income, deviations from the guidelines, etc.). Contact me to discuss your case.

In determining whether the granting of an order for payment of support and maintenance to a party is appropriate, and in determining the nature, amount, length of term, and manner of payment, the court shall consider all relevant factors, including:

1. The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit sharing or retirement plans and all other sources;
2. The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party's earnings capacity to a reasonable level;
3. The duration of the marriage;
4. The age and mental condition of each party;
5. The physical condition of each party, including, but not limited to, physical disability or incapacity due to a chronic debilitating disease;
6. The extent to which it would be undesirable for a party to seek employment outside the home, because such party will be custodian of a minor child of the marriage;
7. The separate assets of each party, both real and personal, tangible and intangible;
8. The provisions made with regard to the marital property, as defined in § 36-4-121;
9. The standard of living of the parties established during the marriage;
10. The extent to which each party has made such tangible and intangible contributions to the marriage as monetary and homemaker contributions, and tangible and intangible contributions by a party to the education, training or increased earning power of the other party;
11. The relative fault of the parties, in cases where the court, in its discretion, deems it appropriate to do so; and
12. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

(A) "Abuse" means:

1. Inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means;
2. Placing an adult or minor in fear of, or in, physical harm or physical restraint;
3. Causing malicious damage to the personal property of the abused party; or
4. Intentionally engaging in behavior that amounts to financial abuse;

(B) "Abuse" includes acts inflicted directly by the offending party or indirectly through a third party, including, but not limited to, a family member, friend, significant other, or coworker, on behalf of the offending party.

Who can file: Any domestic abuse victim, stalking victim, or sexual assault victim who has been subjected to, threatened with, or placed in fear of, domestic abuse, stalking, or sexual assault, may seek relief by filing a sworn petition alleging domestic abuse, stalking, or sexual assault by the respondent.

"Domestic abuse victim" means any person who falls within the following categories:

1. Adults or minors who are current or former spouses;
2. Adults or minors who live together or who have lived together;
3. Adults or minors who are dating or who have dated or who have or had a sexual relationship (“dating” does not include fraternization between two individuals in a business or social context);
4. Adults or minors related by blood or adoption;
5. Adults or minors who are related or were formerly related by marriage; or
6. Adult or minor children of a person in a relationship described above.

It is also possible to obtain an order of protection, regardless of the relationships listed above, if you are the victim of stalking as defined under the criminal statute.

The process: When you file the petition, the court may grant a temporary order of protection. If granted, the court will set a court date within 15 days because the respondent is entitled to a hearing within 15 days. At the hearing, the court must determine if, by a preponderance of the evidence, the respondent committed the acts complained about — and whether those acts violate the statute sufficiently to grant a permanent order of protection.

Tennessee law on parental relocation of a child out of state (or more than 50 miles from the other parent) changed in 2018. The new statute no longer evaluates whether parents are spending substantially equal amounts of parenting time. This is a significant change in the analysis the court applies.

(a) Notice. After custody or co-parenting has been established by the entry of a permanent parenting plan or final order, if a parent who is spending intervals of time with a child desires to relocate outside the state or more than fifty (50) miles from the other parent within the state, the relocating parent shall send a notice to the other parent at the other parent's last known address by registered or certified mail. Unless excused by the court for exigent circumstances, the notice shall be mailed not later than sixty (60) days prior to the move. The notice shall contain:

1. Statement of intent to move;
2. Location of proposed new residence;
3. Reasons for proposed relocation; and
4. Statement that absent agreement between the parents or an objection by the nonrelocating parent within thirty (30) days of the date notice is sent by registered or certified mail in accordance with this subsection (a), the relocating parent will be permitted to do so by law.

(b) Procedure. Absent agreement by the parents on a new visitation schedule within thirty (30) days of the notice or upon a timely objection in response to the notice, the relocating parent shall file a petition seeking approval of the relocation. The nonrelocating parent has thirty (30) days to file a response in opposition to the petition. In the event no response in opposition is filed within thirty (30) days, the parent proposing to relocate with the child shall be permitted to do so.

(c)(1) If a petition in opposition to relocation is filed, the court shall determine whether relocation is in the best interest of the minor child.

(c)(2) Factors. In determining whether relocation is in the best interest of the minor child, the court shall consider the following factors:

1. The nature, quality, extent of involvement, and duration of the child's relationship with the parent proposing to relocate and with the nonrelocating parent, siblings, and other significant persons in the child's life;
2. The age, developmental stage, needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child;
3. The feasibility of preserving the relationship between the non-relocating parent and the child through suitable visitation arrangements, considering the logistics and financial circumstances of the parties;
4. The child's preference, if the child is twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preference of older children should normally be given greater weight than those of younger children;
5. Whether there is an established pattern of conduct of the relocating parent, either to promote or thwart the relationship of the child and the nonrelocating parent;
6. Whether the relocation of the child will enhance the general quality of life for both the relocating parent and the child, including, but not limited to, financial or emotional benefit or educational opportunity;
7. The reasons of each parent for seeking or opposing the relocation; and
8. Any other factor affecting the best interest of the child, including those enumerated in § 36-6-106(a).

(c)(3) If, upon consideration of factors in subdivision (c)(2), the court finds that relocation is in the best interest of the minor child, the court shall modify the permanent parenting plan as needed to account for the distance between the nonrelocating parent and the relocating parent.

(c)(4) If the court finds that relocation is not in the best interest of the minor child, the court shall deny the petition for approval and, utilizing the factors provided in § 36-6-106(a), enter a modified permanent parenting plan that shall become effective only if the parent proposing to relocate elects to do so despite the court's decision denying the parent's petition for approval.

(d) Modified parenting plan. In fashioning a modified parenting plan under subdivisions (c)(3) and (4), the court shall consider and utilize available alternative arrangements to foster and continue the child's relationship with and access to the other parent. The court shall also assess the costs of transporting the child for visitation, and determine whether a deviation from the child support guidelines should be considered in light of all factors, including, but not limited to, additional costs incurred for transporting the child for visitation.

(e) Nothing in this section shall prohibit either parent from petitioning the court at any time to address issues other than a change of custody related to the move, including, but not limited to, visitation.

(f) Attorney fees. Either parent in a parental relocation matter may recover reasonable attorney fees and other litigation expenses from the other parent in the discretion of the court.

(g) The procedure and best interest standard of this section shall also apply to a parent who is subject to an injunction pursuant to § 36-6-116(a)(4) or § 36-4-106(d)(1)(E).

Tennessee law defines a "dependent and neglected child" as follows. The term means a child:

1. Who is without a parent, guardian or legal custodian;
2. Whose parent, guardian or person with whom the child lives, by reason of cruelty, mental incapacity, immorality or depravity is unfit to properly care for such child;
3. Who is under unlawful or improper care, supervision, custody or restraint by any person, corporation, agency, association, institution, society or other organization or who is unlawfully kept out of school;
4. Whose parent, guardian or custodian neglects or refuses to provide necessary medical, surgical, institutional or hospital care for such child;
5. Who, because of lack of proper supervision, is found in any place the existence of which is in violation of law;
6. Who is in such condition of want or suffering or is under such improper guardianship or control as to injure or endanger the morals or health of such child or others;
7. Who is suffering from abuse or neglect;
8. (additional subsections may apply — consult the full statute).