In Tennessee, the mere fact that the primary residential parent is a homosexual is not enough to justify a change of custody. In 2005, the Court of Appeals addressed this very issue.
The Tennessee Court of Appeals ruled that a mother’s homosexuality alone would not justify a change of custody. (Berry v. Berry) The Court found that there was no proof that the mother’s sexual orientation had affected the child’s well being. The Court stated that the post-divorce homosexuality did not create a material change in circumstances that would justify a change in custody.
In order to change custody a parent would have to show that there has been a material change in circumstances. In this case, the parent would have to show proof that the child was in someway being harmed by living with the homosexual parent.