Tennessee Just Joined the 50/50 Custody Movement. Here's What California Parents Should Know.
On July 1, 2024, Tennessee became the latest state to presume equal parenting time is best for children after divorce.
It's part of a national trend that started in Kentucky and is now spreading to Arkansas, West Virginia, Florida, and Missouri.
The Wall Street Journal calls it "The Equal-Custody Experiment" — and it's controversial.
Why It's Controversial
Kentucky's law became a model because divorce rates dropped 25%. But some couples are staying in abusive marriages rather than risk losing custody.
The supporters: Emma Johnson, author of The 50/50 Solution, says equal time serves children best and the expectation that kids belong with mothers holds women back.
The critics: Families with domestic violence, substance abuse, or unequal caregiving histories get devastated by one-size-fits-all rules.
Kentucky family-court judge Mica Wood Pence says the law is "a helpful starting point, not an order to be followed blindly."
The tension: Equal time works for cooperative parents. It can be devastating for families with domestic violence, substance abuse, or a history where one parent did 90% of the caregiving.
What Changed in Tennessee
The new presumption: Judges now start with the assumption that “joint legal custody and equal parenting time” serve the child's best interest.
The exception: If there's an active order of protection, the presumption doesn't apply.
The accountability piece: If a judge deviates from 50/50 time, they must explain why in writing.
Before July 2024, Tennessee judges had complete discretion. No starting point. No presumption. Now the law forces them to begin at equal and work backward if needed.
What This Means for California Families
California won't adopt Tennessee's model anytime soon.
Why? Because California Family Code prioritizes “the child's best interest” — not parental fairness.
California judges consider:
- Who's been the primary caregiver
- The child's emotional attachment to each parent
- Stability, school, community ties
- Each parent's work schedule and ability to care for the child
- Any history of domestic violence
There's no mathematical formula. Every family is different, so custody should be too.
Tennessee's approach reflects the shared parenting movement — a push for fathers' rights and equal time as default.
California's approach reflects a different belief: flexibility serves children better than formulas.
What California Parents Should Watch
Even though California isn't changing its law, this trend matters because:
1. National momentum is building. If 20+ states pass similar laws, federal policy conversations may follow.
2. Fathers' rights groups are gaining traction. Expect more legislative proposals framing equal time as "common sense."
3. The conversation is shifting from "best interest" to "parental equality." That's a fundamental change in how we think about children after divorce.
For now, California remains focused on “what's best for your child's unique situation” — tending not what's mathematically equal for parents.
Bottom Line
Tennessee now presumes 50/50 custody is best (effective July 2024). Kentucky started this trend—divorce rates dropped, but WSJ reports some stay in unsafe marriages.
Tennessee: Equal time is the default. Courts explain deviations.
California: Judges still customize plans for each child's needs and safety.
This national trend is worth watching, but California law hasn't changed.
Want to understand how custody laws actually work in practice? Watch the Legally Uncensored podcast on YouTube where family law attorneys break down what judges really consider — beyond the statutes and soundbites.