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How to Modify Child Custody in Tennessee

Reviewed by DocDraft Legal Team · Tennessee · Last updated October 7, 2026

Tennessee splits the modification question in two before it asks you anything else. Changing child custody here means asking the chancery, circuit or juvenile court that entered your permanent parenting plan to change that plan because something significant has shifted since it was signed. Tennessee Code Annotated 36-6-101(a)(2) then writes two different tests. Subdivision (B) covers a change to the prior decree pertaining to custody, which is the primary residential parent designation, and asks for a material change in circumstance proved by a preponderance of the evidence. Subdivision (C) covers a change to the residential parenting schedule and asks for a material change of circumstance affecting the child's best interest, listing significant changes in the needs of the child over time, which may include changes relating to age, among its qualifying examples. Both subdivisions say that a material change of circumstance does not require a showing of a substantial risk of harm to the child. Nothing makes you wait. Section 36-6-101(a)(1) says the decree remains within the control of the court and is subject to such changes or modification as the exigencies of the case may require, and no waiting period appears anywhere in the custody chapter. Two Tennessee mechanics catch filers out. Under 36-6-405(a) a proposed parenting plan has to be filed and served with the petition and again with the response. And if a move is in play, 36-6-108 requires registered or certified mail notice at least 60 days ahead when a parent plans to move outside the state or more than 50 miles from the other parent. Attorney review of your filing is available through DocDraft.

Find out where you stand in Tennessee

What is prompting the change to your custody order?

DocDraft provides document preparation, not legal advice.

How do I modify a child custody order in Tennessee?

File a petition to modify in the court that entered your permanent parenting plan, using the same docket number. Tennessee Code Annotated 36-6-405(a) requires a proposed parenting plan to be filed and served with that petition. Serve the other parent, who then files a response with a proposed plan of their own.

Is there a waiting period to modify custody in Tennessee?

No. Tennessee imposes no waiting period and no time bar. Tennessee Code Annotated 36-6-101(a)(1) says the decree remains within the control of the court and is subject to such changes or modification as the exigencies of the case may require. The hurdle is proof of a material change, not elapsed time.

How much notice must a Tennessee parent give before moving with a child?

Sixty days. Tennessee Code Annotated 36-6-108(a) requires a parent who wants to relocate outside the state, or more than 50 miles from the other parent within the state, to mail notice by registered or certified mail no later than 60 days before the move, unless a court excuses it for exigent circumstances.

At what age does a Tennessee court weigh the child's preference?

Twelve. Tennessee Code Annotated 36-6-106(a)(13) lists the reasonable preference of the child if twelve years of age or older among the best interest factors, and adds that the court may hear the preference of a younger child. The relocation factors in 36-6-108(c)(2)(D) use the same age.

Tennessee custody modification at a glance

Changing child custody in Tennessee means asking the chancery, circuit or juvenile court that entered your permanent parenting plan to change it because something significant has shifted since it was signed. What makes Tennessee distinctive is that the code sorts your request before it tests it. Tennessee Code Annotated 36-6-101(a)(2)(B) governs a change to the prior decree pertaining to custody, meaning who is named primary residential parent, and calls for a material change in circumstance. Subdivision (C) governs a change to the residential parenting schedule and calls for a material change of circumstance affecting the child's best interest, listing the child's needs changing with age among its qualifying examples. Both subdivisions say that a material change of circumstance does not require a showing of a substantial risk of harm to the child. Nothing in the chapter makes a parent wait before filing.

A Tennessee relocation letter arrives 60 days before a move

Imagine a permanent parenting plan entered in a Tennessee chancery court four years ago, and a certified letter lands saying the other parent is moving 90 miles away in two months. Because that is more than 50 miles from you, Tennessee Code Annotated 36-6-108(a) makes the notice mandatory, and it must state the intent to move, the proposed new address and the reasons. You have 30 days to object or to agree on a new visitation schedule. If you object, the moving parent, not you, has to file a petition seeking approval of the relocation, and you then have 30 days to respond in opposition. The court decides the question on the best interest factors in 36-6-108(c)(2), which include your child's preference at age 12 or older. Attorney review of your response is available through DocDraft.

Relevant Laws

Tenn. Code Ann. 36-6-101 (custody decree, modification standards, continuing control)

Subdivision (a)(1) provides that the decree remains within the control of the court and is subject to such changes or modification as the exigencies of the case may require. Subdivisions (a)(2)(B) and (a)(2)(C) set the two separate tests, for the prior decree pertaining to custody and for the residential parenting schedule.

Tenn. Code Ann. 36-6-108 (parental relocation)

Requires a parent who wants to relocate outside the state or more than 50 miles from the other parent to send registered or certified mail notice no later than 60 days before the move, lists what the notice must contain, and sets the 30 day objection window and the best interest determination that follows.

Tenn. Code Ann. 36-6-405 (modification of permanent parenting plans)

Provides that in a proceeding for a modification of a permanent parenting plan, a proposed parenting plan shall be filed and served with the petition for modification and with the response, unless the modification pertains only to child support.

Tenn. Code Ann. 36-6-106 (best interest factors, including the child's preference at 12)

Directs that a custody determination be made on the basis of the best interest of the child, applies the 36-6-406 limitations first, requires written findings of fact, and lists the reasonable preference of the child if twelve years of age or older as factor (a)(13).

Tennessee Administrative Office of the Courts: Parenting Plan Forms

Publishes the statewide Permanent Parenting Plan form the Administrative Office of the Courts developed under Tenn. Code Ann. 36-6-404, which the page states shall be used consistently by each court within the state that approves parenting plans, along with the parent education order forms.

Regional Variances

Tennessee custody modification levers at a glance

Waiting period before you may file

None. Tennessee Code Annotated 36-6-101(a)(1) keeps the decree within the control of the court, subject to such changes or modification as the exigencies of the case may require, and the custody chapter contains no minimum interval and no endangerment escape hatch keyed to elapsed time.

Standard to change who is primary residential parent

A material change in circumstance proved by a preponderance of the evidence, under 36-6-101(a)(2)(B). The subdivision lists failures to adhere to the parenting plan or an order of custody and visitation among the qualifying changes, and says a substantial risk of harm to the child is not required.

Standard to change the residential parenting schedule

A separate test. Subdivision 36-6-101(a)(2)(C) asks for a material change of circumstance affecting the child's best interest, and its examples include significant changes in the needs of the child over time, which may include changes relating to age, and failure to adhere to the parenting plan.

Relocation notice

Sixty days by registered or certified mail under 36-6-108(a), unless a court excuses it for exigent circumstances. The notice must state the intent to move, the location of the proposed new residence, the reasons, and the consequence of not objecting within 30 days.

Relocation trigger

A move outside Tennessee, or more than 50 miles from the other parent within the state. The distance runs from the other parent, not from the child's current address, and there is no county tiering and no minimum duration element.

Court

The court that entered the permanent parenting plan, filed under the existing docket number. Divorce venue under 36-4-105(a) is the chancery or circuit court or other court having divorce jurisdiction, and 36-6-101 is headed in part Juvenile court jurisdiction.

Forms and filing fee

Tennessee prescribes the statewide Permanent Parenting Plan form the Administrative Office of the Courts developed under 36-6-404, but no statewide petition to modify form. The filing cost is collected by the clerk of the court that entered the plan; confirm the current figure with that clerk.

Procedural requirement and the child's wishes

Not an affidavit screen. Section 36-6-405(a) requires a proposed parenting plan with the petition and with the response. The child's reasonable preference is a best interest factor at age twelve or older under 36-6-106(a)(13), and a younger child's preference may still be heard.

Suggested Compliance Checklist

Name which Tennessee test your request falls under

Before you draft anything days after starting

Write down whether you are asking to change the primary residential parent designation, which is 36-6-101(a)(2)(B), or only the residential parenting schedule, which is 36-6-101(a)(2)(C). The two subdivisions are worded differently and your facts need to match the one you are actually using.

Date the change against the signed parenting plan

Before you file days after starting

Gather dated proof of what has shifted since the plan was entered: school records, work rosters, exchange logs, medical notes. Tennessee imposes no waiting period, so the evidence is what carries the petition rather than the passage of time since the last order.

Draft the proposed permanent parenting plan

Before the petition is filed days after starting

Complete the Permanent Parenting Plan form published by the Administrative Office of the Courts under Tenn. Code Ann. 36-6-404. Section 36-6-405(a) requires this proposed plan to be filed and served with your petition for modification, so it cannot be left to follow later.

Draft the petition to modify

Once your proposed plan is complete days after starting

Set out the existing plan, the date it was entered, the material change you rely on, and the relief you want, matching the language of the subdivision you identified. Tennessee prescribes no statewide petition form, so check the local rules of the court that entered your plan.

Send relocation notice if a move is involved

At least 60 days before the move days after starting

If a parent plans to move outside Tennessee or more than 50 miles from the other parent, 36-6-108(a) requires registered or certified mail notice stating the intent to move, the proposed new residence and the reasons. Keep the mailing receipt, because the 30 day clock runs from the date notice is sent.

File with the clerk under the existing docket number

As soon as the petition and plan are ready days after starting

File the petition and the proposed parenting plan with the clerk of the chancery, circuit or juvenile court that entered the plan. Ask that clerk for the current court cost, since Tennessee collects it locally and no statewide modification figure was confirmed for this page.

Serve, respond and keep the current schedule running

Through to the hearing days after starting

Serve the other parent, expect a response carrying a competing proposed plan, and follow the existing schedule until a judge signs a new one. A unilateral departure is an enforcement issue rather than a modification. Attorney review of your filing is available through DocDraft.

Frequently Asked Questions

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Expunging a Criminal Record in Tennessee (2026)

Filing a Workplace Harassment Complaint in Tennessee

Filing Chapter 7 Bankruptcy in Tennessee (2026)

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