Nicole Kidman broke her silence on her divorce from Keith Urban in March 2026, telling reporters "we are a family and that's what we'll continue to be." Reports from Variety reveal the custody arrangement gives Kidman approximately 306 days per year with daughters Sunday Rose (17) and Faith Margaret (15), while Urban receives roughly 59 days — an 84%-to-16% split that raises significant questions about how Tennessee courts approach parenting time.
Key Facts
| Detail | Information |
|---|---|
| What happened | Nicole Kidman publicly addressed her divorce from Keith Urban for the first time |
| Custody split | Kidman receives ~306 days/year (84%); Urban receives ~59 days/year (16%) |
| Children | Sunday Rose, 17, and Faith Margaret, 15 |
| Primary residence | Nashville, Tennessee (marital home since 2006) |
| Key statute | Tenn. Code Ann. § 36-6-106 (best interest factors) |
| Impact | Illustrates how Tennessee courts can deviate significantly from equal parenting time |
Why This Custody Split Matters Legally
An 84%-to-16% parenting time division is a substantial departure from the equal or near-equal arrangements that many Tennessee families assume courts prefer. Tennessee law does not presume 50/50 custody. Under Tenn. Code Ann. § 36-6-106, courts evaluate 15 specific "best interest of the child" factors, and the outcome depends entirely on how those factors weigh in each family's circumstances.
The Kidman-Urban arrangement — roughly 306 days versus 59 days — likely reflects practical realities that Tennessee judges consider every day: where the children attend school, each parent's work schedule and travel demands, the children's own preferences (particularly relevant here, since both daughters are teenagers), and which parent has historically served as the primary caregiver.
Under Tenn. Code Ann. § 36-6-106(a)(7), courts must consider each parent's "willingness and ability to facilitate and encourage a close and continuing parent-child relationship" with the other parent. Kidman's public statement emphasizing continued family unity is exactly the kind of cooperative posture Tennessee judges look for when evaluating this factor.
How Tennessee Law Handles Parenting Time
Tennessee replaced the term "custody" with "parenting time" and "residential parent" designations under Tenn. Code Ann. § 36-6-402, which requires every divorcing couple with minor children to file a permanent parenting plan. That plan must specify the number of days each parent spends with each child — down to the exact count.
The 306-day figure reported in the Kidman-Urban split would designate Kidman as the "primary residential parent" under Tennessee law. This designation carries meaningful consequences: it determines the children's legal residence for school enrollment, it affects child support calculations under the Tennessee Child Support Guidelines, and it establishes which parent's home serves as the default during disputes.
Tennessee courts use a specific formula to calculate child support based on parenting days. Under the Tennessee Child Support Guidelines, the threshold between "standard" and "equal" parenting calculations is 92 days per year for the alternative residential parent. With Urban reportedly receiving 59 days — below that 92-day threshold — the standard child support formula would apply rather than the shared parenting adjustment, potentially resulting in higher support obligations for the non-primary parent.
For high-net-worth divorces like this one, Tennessee courts also have discretion to deviate from guideline child support amounts. Both Kidman and Urban have estimated net worths exceeding $250 million individually, which means any support calculation would likely involve deviation arguments under Tenn. Code Ann. § 36-5-101(e).
What About the Children's Preferences?
Tennessee law gives significant weight to the preferences of older children. Under Tenn. Code Ann. § 36-6-106(a)(6), courts must consider the "reasonable preference of the child, if 12 years of age or older." Both Sunday Rose (17) and Faith Margaret (15) are well above that threshold.
At 17, Sunday Rose's preference would carry substantial weight with any Tennessee judge. Courts recognize that teenagers have established school communities, friend groups, and extracurricular commitments that make frequent transitions between households disruptive. A 306-day arrangement with one parent allows both daughters to maintain stability during their high school years — a factor Tennessee courts consistently prioritize.
The reported arrangement also aligns with Urban's career as a touring musician. Tennessee courts routinely consider work-related travel under Tenn. Code Ann. § 36-6-106(a)(5), which examines each parent's "employment schedule." A parent who travels extensively for work may receive fewer regular parenting days but longer consecutive blocks during breaks — a pattern that could explain the 59-day allocation.
Practical Takeaways for Tennessee Parents
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Equal parenting time is not automatic in Tennessee. Courts start from the best interest of the child standard under Tenn. Code Ann. § 36-6-106, not from a 50/50 presumption. The outcome depends on your family's specific circumstances, including work schedules, school locations, and children's needs.
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Your parenting plan must include specific day counts. Tennessee law under Tenn. Code Ann. § 36-6-402 requires exact parenting time allocations. Vague language like "reasonable visitation" is not sufficient — you need a plan that accounts for every day of the year.
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Children aged 12 and older get a voice in Tennessee custody decisions. If your children are teenagers, their stated preferences will influence the court's parenting time allocation. This does not mean the child decides, but judges take their input seriously.
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The 92-day threshold matters for child support. If the alternative residential parent has fewer than 92 days per year, Tennessee applies the standard child support calculation rather than the shared parenting formula. This can mean a meaningful difference in monthly support amounts.
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Public cooperation helps your case. Kidman's statement about remaining a family reflects the cooperative approach Tennessee judges evaluate under the "willingness to facilitate" factor. Publicly disparaging your co-parent or restricting their relationship with your children can count against you.
Frequently Asked Questions
Does Tennessee law require 50/50 custody?
No. Tennessee has no legal presumption of equal parenting time. Under Tenn. Code Ann. § 36-6-106, courts evaluate 15 best-interest factors to determine the appropriate parenting schedule. Arrangements can range from near-equal splits to primary custody with one parent receiving over 300 days per year, depending on the family's circumstances.
At what age can a child choose which parent to live with in Tennessee?
Tennessee courts must consider a child's preference starting at age 12 under Tenn. Code Ann. § 36-6-106(a)(6). However, the child does not get final say — the preference is one of 15 factors the court weighs. By age 14-17, a teenager's stated preference carries substantial weight and courts rarely override a mature teenager's reasonable preference.
How does Tennessee calculate child support when one parent has only 59 days?
When the alternative residential parent has fewer than 92 days per year, Tennessee applies the standard child support formula under the Tennessee Child Support Guidelines. The paying parent's obligation is calculated based on combined parental income, number of children, and specific expenses like health insurance and childcare, without the shared-parenting reduction that applies above 92 days.
Can a Tennessee parenting plan be modified after the divorce?
Yes. Under Tenn. Code Ann. § 36-6-101(a)(2)(B), either parent can petition to modify the parenting plan by showing a material change in circumstances. Common grounds include relocation, changes in work schedule, a child's evolving needs, or a child reaching an age where their preferences shift. The modification must still serve the child's best interest.
Does celebrity status affect custody outcomes in Tennessee?
Tennessee courts apply the same 15 best-interest factors under Tenn. Code Ann. § 36-6-106 regardless of a parent's public profile or wealth. Celebrity status itself is not a factor, but the practical realities that often accompany it — extensive travel, security concerns, media exposure — can influence how courts evaluate factors like stability, employment schedules, and the child's adjustment to their community.
Connect with a Tennessee family law attorney to discuss how parenting time laws apply to your specific situation.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.