If you are in the middle of a custody case in Tennessee, you might have heard terms like “legal custody” and “physical custody” tossed around. What’s the difference between legal and physical custody?
One is about decision-making, and the other is about where your child lives. These decisions are a turning point that can affect you and your child’s future. Here is a look at what these terms mean for your child custody case Tennessee.
Legal Custody in Tennessee
The term legal custody refers to the right to make major decisions about your child’s life. In Tennessee, this is called the decision-making authority. It is addressed in the parenting plan and covers decisions about:
- Education
- Non-emergency healthcare
- Religious upbringing
- Extracurricular activities
Joint Decision-Making
In many Tennessee cases, parents share decision-making responsibilities. That means both parents are expected to consult each other and attempt to agree on major issues.
This arrangement works when parents can communicate respectfully and put the focus on their child.
Sole Decision-Making
If communication is hostile or there are concerns about safety or instability, the court may give one parent the sole decision-making authority.
Keep in mind, this does not automatically mean the other parent is shut out of the child’s life. It means one parent has the final word when it comes to some major decisions.
Physical Custody in Tennessee
In Tennessee, you will not hear the term “physical custody.” Instead, the court names a Primary Residential Parent (PRP). That is the parent your child lives with most of the time. The other parent is referred to as the Alternate Residential Parent.
But that doesn’t mean the other parent is sidelined. In many cases, the Alternate Residential Parent has regular parenting time spelled out in the Permanent Parenting Plan. Depending on the schedule, that can mean weekends, extended holidays, summer time, or close-to-equal parenting days.
So, while one parent may be designated as primary for legal and administrative purposes, both parents can still play an active, hands-on role in their child’s daily life.
How Is Parenting Time Assigned?
Tennessee courts will always make decisions in the child’s best interests. Judges consider a few factors, such as:
- The strength of the child’s relationship with each parent
- Each parent’s past involvement in caregiving
- Stability of each home environment
- Each parent’s willingness to build a relationship with the other parent
- Any history of abuse, neglect, or substance misuse
The court is not trying to create a perfectly equal split in every case. It is looking for a situation that allows for a stable, healthy arrangement for the child.
Can Custody Be Modified in Tennessee?
Yes. If there is a change in circumstances, then either parent can petition the court to modify the parenting plan. Some of these examples include:
- A relocation
- Significant change in work schedule
- Concerns about the child’s safety could justify revisiting the arrangement
However, the court will always look at what serves the child’s best interests before making a decision.
Legal Custody and Physical Custody Are Not the Same
What’s the difference between legal and physical custody? They are related, but they are not the same thing. You can share decision-making while one parent has more residential time. You can have near-equal parenting days while one parent is labeled as a primary for administrative purposes. At the end of the day, custody in Tennessee is about creating a parenting structure that helps your child feel secure, supported, and loved.
If you’re proceeding through a custody case in Tennessee, knowing these distinctions can make the process feel less overwhelming. At Easter & DeVore, Attorneys at Law, we can help you build or modify a parenting plan that protects your rights. Schedule a consultation with us today.
