Tennessee Code Annotated
Tenn. Code Ann. § 36-2-303 (2026)
Custody with mother absent an order of custody
✓ current as of May 2026
Absent an order of custody to the contrary, custody of a child born out of wedlock is with the mother.
Acts 1997, ch. 477, § 1.
Notes of Decisions
Cited in 25
cases (4 in the last 5 years), 2001–2025 · leading case: In Re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005).
In Re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005). “Tenn.Code Ann. § 36-2-303 (2001); Baskette v.”
In re C.K.G., 173 S.W.3d 714 (Tenn. 2005). “Tenn.Code Ann. §§ 36-2-303, 36-2-305(b)(l)(B) (2001), whereas references to “father” include such phrases as “a man claiming to be the child’s father,” Tenn.”
In Re Ckg, 173 S.W.3d 714 (Tenn. 2005). “Tenn.Code Ann. §§ 36-2-303, 36-2-305(b)(1)(B) (2001), whereas references to "father" include such phrases as "a man claiming to be the child's father," Tenn.”
Hodson v. Griffin, 210 S.W.3d 568 (Tenn. Ct. App. 2006). “T.C.A. § 36-2-303 provides that "[a]bsent an order of custody to the contrary, custody of a child bom out of wedlock is with the mother.”
In Re: D.A.J. (Tenn. Ct. App. 2005). “1 Tenn. Code Ann. § 36-2-303 provides that “[a]bsent an order of custody to the contrary, custody of a child born out of wedlock is with the mother.”
Tamara Reece Milton v. Randall v. Harness, Jr. (Tenn. Ct. App. 2017). “Shortly thereafter, Mother filed a motion to set aside the ex parte injunction on grounds that it had been invalidly issued in that she was the sole legal and physical custodial parent of Child pursuant to Tennessee Code Annotated section 36-2-303, and was not required to…”
In Re Elijah R. (Tenn. Ct. App. 2021). “” Tenn. Code Ann. § 36-2-303 . This statute provides “the default rules for child custody involving unwed parents.”
In Re Piper H. (Tenn. Ct. App. 2016). “8 See Tenn. Code Ann. § 36-2-303 (2014) (“Absent an order of 8 Those factors require the court to consider the child’s relationship with each parent (factor 1), each parent’s capacity to perform parenting responsibilities (factor 2), the degree to which each parent has been the…”
In Re Cannon H. (Tenn. Ct. App. 2016). “10 See Tenn. Code Ann. § 36-2-303 (2014) (“Absent an order of custody to the contrary, custody of a child born out of wedlock is with the mother.”
In Re Ashton V. (Tenn. Ct. App. 2017). “Tenn. Code Ann. § 36-2-303 (2014). In January 2015, in response to Father’s request for specific parenting time, the Juvenile Court1 for Sumner County, Tennessee, entered an order naming Mother primary residential parent and granting Father parenting time every other weekend.”
Takesha Curtiss Nelvis v. Lafayette Baptist, Jr. (Tenn. Ct. App. 2019). “Said child resided at birth with her mother who, pursuant to Tennessee Code Annotated, Section 36-2-303, had custody. No mention was made by either parent to there being any visitation prior to August, 2017.”
In Re: Braelyn S. (Tenn. Ct. App. 2020). “See generally Tenn. Code Ann. § 36-2-303 (“Absent an order of custody to the contrary, custody of a child born out of wedlock is with the mother.”
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