Do you travel often for work? Have an upcoming business meeting or obligation out of state or out of the country?

Traveling for work can sometimes complicate even agreed upon custody and parenting schedules. Travel may also impact your child support as well as the number of days you may be awarded with your child. Tennessee considers the number of days each parent has with the child when calculating child support. Even if the travel is required for work, the amount of time spent away can impact the type of parenting time you may be granted.

Having a lawyer who knows family law will help you understand what your rights are and what you can do to protect them. At Herbert and Lux Attorneys at Law, we’ve helped countless Nashville Tennessee parents fight for and preserve their custody rights. We have the experience and knowhow to navigate the law and help you earn the best outcome for you and your children.

Reach out to us today to learn more about how we can help and what options and rights you have available.

What Goes into Determining Custody

Tennessee custody laws generally require both parents to attend a four-hour parenting seminar, mediation. The court must create a Permanent Parenting Plan in every case involving the custody and visitation of children. If the parents agree on a plan, it will be submitted for review and approval by the judge. If the parents cannot agree on a parenting plan, then the judge will decide a parenting schedule and other factors that are in the best interests of the children. The judge is tasked with maximizing the amount of time that each parent spends with the children. They will look at numerous factors to create the best possible parenting plan for the child or children in each case.    

Tennessee child custody factors include:


  • The child’s relationship with each parent
  • Each parent’s past and potential for future performance of parenting responsibilities, including each parent’s willingness to encourage a close relationship between the child and the other parent
  • Refusal to attend the parent education seminar
  • History and ability to provide food, shelter, clothing, education, and health care
  • The degree to which a parent has been the primary caregiver
  • The moral, physical, mental, and emotional fitness of the parents
  • The emotional needs and developmental level of the child
  • The child’s interaction with siblings, relatives, and others and the child’s involvement with school or other significant activities
  • The importance of continuity in the child’s life
  • Any other persons who reside in or frequent the home of a parent
  • Any evidence of physical or emotional abuse of the child, the other parent, or any other person
  • The reasonable preference of a child if age 12 or older
  • Each parent’s work schedule
  • Any other factors deemed relevant by the court

Finances and Child Custody

Under the Tennessee child custody law, money does not pick the parent. Just because one parent makes more money it does not mean they are more likely to win custody. The court must always consider all factors and ultimately make a decision that is in the child’s best interests. The court will then set child support between the parents according to the law.

What to do About Custody When You Travel for Work

If you travel for work, it should be considered when you go through mediation or negotiate for custody or parenting time. If you are not able to reach an agreement, the judge is going to consider how much time you spend away and make a decision they feel is best for your child. However, employment schedules and even work travel are not the only factor the judge will consider and required work travel does not mean that you will not be awarded significant time with your children.

Get Help with your Child Custody Case Today

There are many laws affecting child custody in the state of Tennessee. The best idea is to sit down with a lawyer and discuss the different types of parenting schedules and custody arrangements and what your options would be based on your unique circumstances. Herbert and Lux can help with all of that. Your children are your top priority, so give Herbert and Lux a call today!