Memphis Child Custody Lawyer

If you are going through a divorce or separation in Memphis, nothing matters more than your children. Everything else, the house, the retirement accounts, the furniture, is replaceable. Your time with your kids is not.

At The Jones Law Firm, child custody is the most personal part of every divorce case we handle. William W. Jones IV has spent over two decades in Shelby County Circuit and Chancery courts advocating for parents who want to stay present and active in their children’s lives.

How Tennessee Determines Child Custody

Tennessee courts make custody decisions based on one standard: the best interest of the child. That sounds simple. It is not. T.C.A. § 36-6-106, as amended effective July 1, 2025, now lists seventeen factors. Those factors include the emotional ties between parent and child, each parent’s willingness to support the other parent’s relationship with the child, the stability of each home environment, the child’s own preferences if they are twelve years of age or older, whether a parent has previously had custody or parenting time reduced or restricted and the reasons for that restriction, whether a parent has failed to pay court-ordered child support, and any other factors the court deems relevant.

Courts in Tennessee do not start with a presumption that one parent is more deserving than the other. What they look at is the totality of the circumstances, and that means your conduct, your home, your work schedule, your relationship with your child, and yes, your history.

Legal Custody vs. Residential Parenting Time

In Tennessee, the parenting plan addresses two separate issues. Legal custody covers decision-making authority, specifically who gets a say in major decisions about education, healthcare, and religion. Residential parenting time covers where the child physically lives and on what schedule.

Most plans designate a Primary Residential Parent (PRP) and an Alternative Residential Parent (ARP). The PRP is where the child primarily lives. The ARP typically has a parenting schedule that can range from every other weekend to near-equal parenting time, depending on the circumstances and the preferences of both parents.

Can Parents Agree on Custody?

Yes, and when they can, everyone wins, especially the children. If you and your spouse can work together on a parenting plan, the court will typically approve it as long as it serves the child’s best interest. Mediation is often the most efficient way to reach that agreement. As a Rule 31 Listed Family Mediator, Bill can facilitate that process for other attorneys’ clients, though not for his own litigation clients.

What If We Cannot Agree?

Then a judge decides. That means presenting evidence, calling witnesses, and making your case. It also means the other side gets to do the same. Contested custody trials are emotionally exhausting and expensive. But when your parenting time is on the line and the other side is not acting in good faith, going to court is sometimes the only path forward.

We will tell you honestly when a fight is worth having and when it is not. Our job is to protect your relationship with your children, not to bill hours.

Modification of Existing Custody Orders

Life changes. Custody orders can too. If there has been a material change of circumstances since the original order was entered, you may petition the court to modify the parenting plan. Common triggers include a parent relocating, a change in the child’s school needs, or a significant change in either parent’s work schedule or home environment. For more on the full divorce process, visit our Memphis Divorce Lawyer page.

William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2025. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.