Child Custody Lawyer a28db7b493e8cf4a278e51b80c5f0620@2x

How Is Child Custody Determined in Tennessee?

Tennessee courts make child custody decisions based on the best interests of the child, rather than favoring either parent. An experienced Knoxville child custody lawyer can help present the evidence needed to support your case and protect your parental rights.

When determining custody, the court may consider:

Our Knoxville custody attorneys work closely with parents to build strong cases that prioritize their children’s well-being while protecting their legal rights.

Types of Child Custody in Tennessee

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Primary Residential Parent (PRP)

The Primary Residential Parent is the parent with whom the child primarily lives and who manages most day-to-day responsibilities.


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Alternate Residential Parent (ARP)

The Alternate Residential Parent has court-ordered parenting time and remains actively involved in the child’s life.


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Shared Parenting

Many families benefit from parenting arrangements that allow both parents to play active roles in raising their child.


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Legal Decision-Making

Parents may share or divide responsibility for making important decisions affecting their child’s future.


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Developing a Parenting Plan in Tennessee

Every custody case involving minor children requires a legally compliant parenting plan. A well-prepared plan helps reduce future disputes and provides stability for both parents and children. Our experienced custody lawyer in Knoxville, TN helps parents develop parenting plans that reflect their family’s unique needs.

A parenting plan may include:

Our goal is to create practical parenting plans that protect your parental rights while promoting your child’s long-term well-being.

Client Reviews

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Micheal Rodgers profile picture
Micheal Rodgers
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I had nowhere to turn hadn’t seen my children for 2 months so I called Mr Sholly . He filed for emergency custody and after 4 months of fighting WE WON FULL CUSTODY of my 3 children. I would MOST DEFINITELY hire this man again and I highly recommend him to anyone that is battling. Thank you John I appreciate all you did for myself and my children.
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WLS Rosa profile picture
WLS Rosa
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John is a courtroom warrior he will defend you like his life depended on it. Super great attorney highly recommended.
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Gina Lee Lewellyn profile picture
Gina Lee Lewellyn
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Mr. Sholly, Around 2015, i had got to know about you when I had to go to court for my first time at Tennessee Department of Children’s Services (DCS Case Manager 2) and I remember very well you working hard and helping people going through hard times and you even That have been doing amazing things for others that needed some help. going to the court? Sometimes it's a great day. Some there are times it's not all that good, but seeing him get through that and helping people to get through it if it's a hard time or a wonderful day, I'm very proud a good person from what I have seen. now he is helping me because now I am disability because Stoke 9/26/2024 and now I have aphasia this is my first time about this that has happened , but I knew the best thing to do and to ask some help was about Mr. Sholly. Thank you!!! Regina Lewellyn
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Rene Hill profile picture
Rene Hill
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Best lawyer in town!! So helpful and willing to fight for me!! Only a positive experience thank you!!!
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Michael Turney profile picture
Michael Turney
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Had a great experience. Very easy to work with and always straight to the point and always available. Would recommend him to everyone.
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Mila Nikitchuk profile picture
Mila Nikitchuk
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John Sholly is the best! My case was not simple but he was very helpful and did everything best to help me. I would definitely recommend him if you are looking for an attorney.
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Adrian West profile picture
Adrian West
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John Sholly is a great attorney he made the whole process easy! he got me everything I dissevered, and more I would highly recommend him to anyone seeking a great attorney
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Peyton Gunter profile picture
Peyton Gunter
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Paid in full…. Didn’t move my case forward whatsoever and made it out to be like it was the opposing counsel making it difficult. Never got proof of any work he actually did or didn’t do. Never got any paperwork of anything actually, other than what I already gave him. Charged me for texts/emails telling me when court was….. not happy with this counsel, I recommend seeking help elsewhere. This was a total waste of money and time. Do what you will with this information
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Gregory fleisch profile picture
Gregory fleisch
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this lawyer is amazing, he took the time out to help me with a family situation, and it was out of his scope of practice due to elder care, but he took the time to listen to my story and referred me to a great lawyer, I would definitely use him if he could have helped me but unfortunately it was outside of his scope of practice and he was honest enough to tell me that and refer me to somebody else but nonetheless I was on the phone with him for 15 minutes and then he decided that he couldn't handle it and was gracious enough to send me to somebody else and I will tell you as a business owner not many attorneys are willing to do that 5 stars
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What Does Tennessee Consider an Unfit Parent?

When deciding custody, Tennessee courts carefully evaluate whether each parent can provide a safe, stable, and supportive environment. If concerns arise, working with a Knoxville child custody attorney is essential to protect your rights and present your case effectively.

Factors that may affect a parent’s fitness include:

Whether you are defending against false allegations or raising legitimate concerns, our legal team is committed to protecting your child’s best interests throughout the custody process.

Areas We Serve

Our Knoxville custody lawyers proudly represent parents and families throughout Knoxville and surrounding East Tennessee communities, including:

Frequently Asked Questions

Yes. Unmarried parents have the right to seek custody and parenting time. However, if the father is unmarried, legal paternity must first be established before the court can issue custody or visitation orders.

Paternity can be established by signing a Voluntary Acknowledgment of Paternity, through DNA testing, or by a court order. Once established, the father may pursue custody, visitation, and other parental rights.

A parent planning to move more than 50 miles away or outside Tennessee must generally provide the other parent with at least 60 days’ written notice, including the proposed new address and the reason for the relocation.

If the non-relocating parent objects within the required timeframe, the court will evaluate whether the move is in the child’s best interests and determine whether the relocation should be approved.

Yes. A custody order may be modified if there has been a significant change in circumstances and the proposed modification serves the child’s best interests.

Common reasons include changes in a parent’s health, employment, relocation, the child’s educational or medical needs, changes in parenting availability, or concerns about the child’s well-being.

If a parent fails to follow the custody order, you can ask the court to enforce it. Remedies may include contempt proceedings, make-up parenting time, or other court-ordered relief.

No. Child support and visitation are separate legal issues in Tennessee. A parent generally cannot deny court-ordered parenting time solely because child support payments are overdue.

No. While many custody matters arise during divorce proceedings, cases involving unmarried parents, dependency and neglect, or DCS involvement are often heard in Juvenile Court.

The timeline depends on the complexity of the case and whether the parents reach an agreement. Uncontested matters may be resolved in weeks, while contested custody disputes can take several months or longer.

Protect Your Rights with a Trusted Knoxville Child Custody Lawyer

Contact us today to schedule your free 15-minute consultation and speak with a dedicated Knoxville child custody lawyer committed to protecting your parental rights and your child’s future.

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