Nashville Child Custody Attorneys

Tennessee courts apply the best interests of the child standard when making custody decisions. Under Tennessee Code Annotated § 36-6-106, a judge considers a range of factors, including but not limited to:

• The emotional ties between the parent and child
• Each parent's ability to provide for the child's basic needs
• The stability of each parent's home environment
• The child's ties to school, community, and extended family
• The mental and physical health of each parent
• Each parent's willingness to encourage a relationship with the other parent
• Evidence of domestic violence, abuse, or neglect
• The child's preference, if the child is old enough and mature enough to express one

No single factor controls the outcome. The court weighs the full picture of each family's circumstances to reach its decision.

What Does It Mean If a Parent Is Unfit?

A parent may be considered unfit if they pose a risk to the child's physical or emotional well-being. Tennessee courts evaluate parental fitness based on behavior such as substance abuse, domestic violence, neglect, criminal activity, or mental health conditions that impair the parent's ability to care for the child. A finding of parental unfitness can significantly impact custody and visitation rights.

If you believe your child's other parent is unfit, we can help you gather and present the evidence needed to support your position. If allegations of unfitness have been raised against you, our team can build a defense that addresses the claims directly.

Emergency Child Custody Orders in Tennessee

In situations where a child faces immediate harm, Tennessee law allows a parent to seek an emergency custody order. These orders are typically granted on an expedited basis and may temporarily change custody arrangements while the court investigates the situation further. Common grounds for emergency orders include domestic violence, substance abuse endangering the child, or a parent's attempt to flee the jurisdiction with the child.

We understand the urgency of these cases and can act quickly to file the necessary petitions and represent you at emergency hearings.

Modifying a Custody Order in Nashville

A permanent parenting plan isn't necessarily permanent. Circumstances change, and Tennessee law provides a process for modifying custody orders when those changes are significant enough to warrant court review.

Under T.C.A. § 36-6-101, a court can modify an existing custody order only when two conditions are met: there has been a material change in circumstances since the original order was entered, and the proposed modification serves the child's best interests. When modification of a residential parenting schedule is at issue, Tennessee courts have interpreted "material change" with a relatively low threshold. In Armbrister v. Armbrister (414 S.W.3d 685, Tenn. 2013), the Tennessee Supreme Court held that, in the context of modifying a residential parenting schedule, the changed circumstances don't need to have been unforeseeable at the time of the original order.

Common triggers for a custody modification include:

• A parent's relocation to a different city or state
• Significant changes in a parent's work schedule or living situation
• Remarriage or the addition of new household members
• A parent's failure to follow the existing parenting plan
• Changes in the child's needs as they grow older

When both parents agree to a change, Tennessee law (T.C.A. § 36-6-405(d)) allows the court to approve a modified parenting plan by consent without independently determining whether the modification serves the child's best interests. When parents can't agree, the parent seeking modification must petition the court and present evidence. The burden is higher when the goal is to change the primary residential parent rather than adjust the parenting schedule.

Our attorneys handle modification proceedings in Davidson County courts, from gathering documentation of changed circumstances to presenting your case before a judge. Whether you're seeking a modification or responding to one, we can guide you through the process.

At Blood Law, PLLC, we serve Nashville families across the full range of custody matters: initial orders, modifications, emergency actions, mediation, and contested litigation. Attorney Anna Blood built this firm on the belief that families deserve both fierce advocacy and genuine care, and our growing team carries that standard into every case. Virtual consultations are available if meeting in person isn't convenient.

Call our Nashville child custody attorneys today at (704) 286-0570 or contact Blood Law, PLLC online to schedule your confidential consultation.