New Tennessee Bill Could Shift Custody Battles Toward Equal Parenting Time

NASHVILLE, Tenn. - A custody battle is brewing in Tennessee—not between parents—but in the law itself.

For years, state law has leaned heavily toward mothers in custody cases. But a new bill at the state capitol could change the starting point for custody battles, giving both parents an equal shot at raising their children.

House Bill 1131, sponsored by State Representative Antonio Parkinson (D-Memphis), proposes that judges begin every child custody case with the presumption of 50/50 parenting time, unless there’s evidence suggesting otherwise.

“We want Tennessee to recognize the fact that it is in the best interests of the child to have both parents in the child’s life,” Parkinson told FOX13 in an interview.

Right now, Tennessee law often defaults to awarding mothers full custody—leaving many fathers with limited visitation, even if they’re listed on the birth certificate.

Attorney Princess Woodard explained, “In Tennessee, by default, mothers have sole legal and physical custody of the child. And that does not simply change because you’re on the birth certificate.”

That legal starting point can leave committed fathers on the outside looking in—something Parkinson says the bill is trying to correct.

“The loudest voices are those when it comes to deadbeat dads. That’s what we hear the most,” he said. “But I would submit to you that the overwhelming majority of fathers out there want to be involved in their children’s life.”

Antonio Harvey, a Memphis educator and father, knows that struggle firsthand. When he divorced in 2016, he requested equal custody—but says the judge denied it because of his demanding job.

“The judge told me I only could receive standard visitation—which was basically every other weekend. That’s four and a half days a month,” Harvey said.

He’s been navigating the system ever since.

“It’s 2025. My divorce was in 2016. Nine years later, I’m still dealing with these issues,” he added. “But I believe my pain can be a blessing for somebody else.”

House Bill 1131 has already passed its first hurdle—clearing the Children and Family Subcommittee. It now heads to the Judiciary Committee next Wednesday.

If it becomes law, it will represent one of the most significant shifts in Tennessee’s custody system in decades—potentially changing the lives of thousands of children and families across the state.