The timeline for bringing claims or motions for child custody and visitation is long, stretching throughout a child's minority. A child custody action can be brought either independently or it can be joined with an action for absolute divorce.

Even though the Tennessee courts maintain jurisdiction over minor children at all times for purposes of custody and support, you and your spouse may nevertheless contract with respect to custody, pending approval of the agreement by the Court. This possibility often allows for an amicable resolution of difficulties between separating parties and assists the child in adapting to his or her new way of life by sparing the child and the parties the trauma of litigation. A properly drafted Permanent Parenting Plan would also provide you and your spouse with the flexibility to effect your own modifications of the custody portions (or any other portions) of the agreement through further written amendment, again pending approval of the agreement by the Court.

Generally, the Court's determination of proper custody, or approval of the parties' parenting agreement, will be based on the child's best interests.