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No, in Tennessee gender is not a factor in awarding custody. In years past, the court favored awarding mother custody if the children were of tender years. However, the “tender years presumption” no longer exists in Tennessee.

Rights and responsibilities of parents The father and mother use their rights and carry out their duties by making decisions in place of their child. Their objectives are to protect the child and to secure the child an education, development, security, health and morality.

Historically, mothers were often awarded child custody during a divorce, even though there is nothing in the Tennessee Code that states that mothers are better parents than fathers. This was partly because at that time, there was a bias against fathers that worked in the favor of mothers during child custody hearings.

Is Tennessee a mother or father state? Neither. Some fathers' rights activists may say it is a mother state because Tennessee does not have an equal parenting time presumption.

In Tennessee, an unmarried mother automatically has both physical and legal custody of the child until the father establishes paternity. However, once paternity is established, you have the same rights as any father does, under the law.

Custody arrangements in Tennessee are most frequently the product of two parents coming together and negotiating terms such as primary residence, educational necessities, and medical care. In many cases, parents successfully negotiate a 50/50 custody-sharing parenting plan.

In Tennessee, an unmarried mother automatically has both physical and legal custody of the child until the father establishes paternity. However, once paternity is established, you have the same rights as any father does, under the law.