Tenn. Code Ann. § 36-2-305 — TN Code / Title 36 / Chapter 2 / Section 36-2-305
Agreement to establish parentage - Complaint to establish parentage - Parties - When action may be brought - Order of protection
Status: in_force

(a) The court may enter an order of parentage upon the agreement of the mother and father unless the court on its own motion orders genetic testing. In any such agreement, the mother and father must affirmatively acknowledge their parentage of the child. Any agreement under this part shall comply with the requirements of § 36-2-311 . (b) (1) Absent an agreement or an acknowledgement of parentage as prescribed by § 68-3-203(g) , § 68-3-302 , or § 68-3-305(b) , a complaint to establish parentage may be filed. Except as hereinafter provided, Tennessee Rules of Civil Procedure shall govern all actions under this subsection (b). (2) A complaint to establish parentage of a child may be filed by: (A) The child, if the child has reached the age of majority, or if the child is a minor, the child through a guardian or next friend; (B) The child's mother, or if the mother is a minor, the mother's personal representative, parent, or guardian; (C) A man claiming to be the child's father, or if the man is a minor, the man's parent, guardian, or personal representative; (D) The department of human services or its contractor. (3) One (1) man or several men may be named as the father. The naming of one (1) man as father does not preclude a later suit against another man if the court finds that the first man is not the father of the child. (4) If an action under this section is brought before the birth of the child, all proceedings may be stayed until after the birth, except service of process, the taking of depositions to preserve testimony, and the performance of genetic testing. (5) If the alleged father threatens or attempts to harm the complainant in any manner, the court may enter an order of protection pursuant to chapter 3, part 6 of this title. Nothing in this subsection (b) shall be construed to alter or increase the jurisdiction of the juvenile courts to issue orders of protection except when the parties are before the court in connection with a complaint filed pursuant to this chapter. (6) The action may be commenced by service of a summons as in civil cases and tried as a civil action. In the alternative, notice of the filing of the complaint shall be delivered to the defendant or the defendant's representative or shall be sent to the defendant at the defendant's last known address. If the defendant fails to make an appearance or file an answer to the complaint, the court may proceed as in civil cases or may issue a warrant for the apprehension of the defendant, directed to any officer in this state authorized to execute warrants, commanding such officer without delay to apprehend the defendant and bring the defendant before the court for the purpose of having an adjudication as to the paternity of the child, and such warrant may be issued to any county of this state. Acts 1997, ch. 477, § 1; 2001, ch. 447, § 1.
(a) The court may enter an order of parentage upon the agreement of the mother and father unless the court on its own motion orders genetic testing. In any such agreement, the mother and father must affirmatively acknowledge their parentage of the child. Any agreement under this part shall comply with the requirements of § 36-2-311 .
(b) (1) Absent an agreement or an acknowledgement of parentage as prescribed by § 68-3-203(g) , § 68-3-302 , or § 68-3-305(b) , a complaint to establish parentage may be filed. Except as hereinafter provided, Tennessee Rules of Civil Procedure shall govern all actions under this subsection (b). (2) A complaint to establish parentage of a child may be filed by: (A) The child, if the child has reached the age of majority, or if the child is a minor, the child through a guardian or next friend; (B) The child's mother, or if the mother is a minor, the mother's personal representative, parent, or guardian; (C) A man claiming to be the child's father, or if the man is a minor, the man's parent, guardian, or personal representative; (D) The department of human services or its contractor. (3) One (1) man or several men may be named as the father. The naming of one (1) man as father does not preclude a later suit against another man if the court finds that the first man is not the father of the child. (4) If an action under this section is brought before the birth of the child, all proceedings may be stayed until after the birth, except service of process, the taking of depositions to preserve testimony, and the performance of genetic testing. (5) If the alleged father threatens or attempts to harm the complainant in any manner, the court may enter an order of protection pursuant to chapter 3, part 6 of this title. Nothing in this subsection (b) shall be construed to alter or increase the jurisdiction of the juvenile courts to issue orders of protection except when the parties are before the court in connection with a complaint filed pursuant to this chapter. (6) The action may be commenced by service of a summons as in civil cases and tried as a civil action. In the alternative, notice of the filing of the complaint shall be delivered to the defendant or the defendant's representative or shall be sent to the defendant at the defendant's last known address. If the defendant fails to make an appearance or file an answer to the complaint, the court may proceed as in civil cases or may issue a warrant for the apprehension of the defendant, directed to any officer in this state authorized to execute warrants, commanding such officer without delay to apprehend the defendant and bring the defendant before the court for the purpose of having an adjudication as to the paternity of the child, and such warrant may be issued to any county of this state.
(1) Absent an agreement or an acknowledgement of parentage as prescribed by § 68-3-203(g) , § 68-3-302 , or § 68-3-305(b) , a complaint to establish parentage may be filed. Except as hereinafter provided, Tennessee Rules of Civil Procedure shall govern all actions under this subsection (b).
(2) A complaint to establish parentage of a child may be filed by: (A) The child, if the child has reached the age of majority, or if the child is a minor, the child through a guardian or next friend; (B) The child's mother, or if the mother is a minor, the mother's personal representative, parent, or guardian; (C) A man claiming to be the child's father, or if the man is a minor, the man's parent, guardian, or personal representative; (D) The department of human services or its contractor.
(A) The child, if the child has reached the age of majority, or if the child is a minor, the child through a guardian or next friend;
(B) The child's mother, or if the mother is a minor, the mother's personal representative, parent, or guardian;
(C) A man claiming to be the child's father, or if the man is a minor, the man's parent, guardian, or personal representative;
(D) The department of human services or its contractor.
(3) One (1) man or several men may be named as the father. The naming of one (1) man as father does not preclude a later suit against another man if the court finds that the first man is not the father of the child.
(4) If an action under this section is brought before the birth of the child, all proceedings may be stayed until after the birth, except service of process, the taking of depositions to preserve testimony, and the performance of genetic testing.
(5) If the alleged father threatens or attempts to harm the complainant in any manner, the court may enter an order of protection pursuant to chapter 3, part 6 of this title. Nothing in this subsection (b) shall be construed to alter or increase the jurisdiction of the juvenile courts to issue orders of protection except when the parties are before the court in connection with a complaint filed pursuant to this chapter.
(6) The action may be commenced by service of a summons as in civil cases and tried as a civil action. In the alternative, notice of the filing of the complaint shall be delivered to the defendant or the defendant's representative or shall be sent to the defendant at the defendant's last known address. If the defendant fails to make an appearance or file an answer to the complaint, the court may proceed as in civil cases or may issue a warrant for the apprehension of the defendant, directed to any officer in this state authorized to execute warrants, commanding such officer without delay to apprehend the defendant and bring the defendant before the court for the purpose of having an adjudication as to the paternity of the child, and such warrant may be issued to any county of this state.
Acts 1997, ch. 477, § 1; 2001, ch. 447, § 1.
Tenn. Code Ann. § 36-6-305 — TN Code / Title 36 / Chapter 6 / Section 36-6-305
Mediation in cases involving domestic abuse
Status: in_force

In any proceeding concerning the visitation of a child, if an order of protection issued in or recognized by this state is in effect or if there is a court finding of domestic abuse or any criminal conviction involving domestic abuse within the marriage that is the subject of the proceeding for divorce or separate support and maintenance, the court may order mediation or refer either party to mediation only if: (1) Mediation is agreed to by the victim of the alleged domestic or family violence; (2) Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and (3) The victim is permitted to have in attendance at mediation a supporting person of the victim's choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a nonattorney advocate for attendance at mediation. Acts 1997, ch. 350, § 3.
In any proceeding concerning the visitation of a child, if an order of protection issued in or recognized by this state is in effect or if there is a court finding of domestic abuse or any criminal conviction involving domestic abuse within the marriage that is the subject of the proceeding for divorce or separate support and maintenance, the court may order mediation or refer either party to mediation only if:
(1) Mediation is agreed to by the victim of the alleged domestic or family violence;
(2) Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and
(3) The victim is permitted to have in attendance at mediation a supporting person of the victim's choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a nonattorney advocate for attendance at mediation.
Acts 1997, ch. 350, § 3.
Tenn. Code Ann. § 36-5-906 — TN Code / Title 36 / Chapter 5 / Section 36-5-906
Exemptions from sale
Status: in_force

(a) Enumeration. There shall be exempt from sale of personal property subject to lien pursuant to this part: (1) Wearing Apparel, School Books and Family Bible. Such items of wearing apparel and such school books as are necessary for the obligor or for members of the obligor's family, and the family bible or other book containing the family's religious beliefs; (2) Fuels, Provisions, Furniture, And Personal Effects. If the obligor is the head of the family, so much of the fuel, provisions, furniture, and personal effects in the obligor's household, and of the arms for personal use, livestock, and poultry of the obligor, as does not exceed five thousand dollars ($5,000) in value; (3) Books And Tools Of A Trade, Business, Or Profession. So many of the books and tools necessary for the trade, business or profession of the obligor as do not exceed in the aggregate two thousand five hundred dollars ($2,500) in value. (b) Appraisal. The agent of the department seizing property of the type described in subsection (a) shall appraise and set aside to the owner the amount of such property declared to be exempt. If the obligor objects at the time of the seizure to the valuation fixed by the agent making the seizure, the commissioner or the commissioner's agent shall summon three (3) disinterested individuals who shall make the valuation. (c) No Other Property Exempt. Notwithstanding any other law of the state, no property or rights to property shall be exempt from levy other than the property specifically made exempt by subsection (a). Acts 1997, ch. 551, § 12.
(a) Enumeration. There shall be exempt from sale of personal property subject to lien pursuant to this part: (1) Wearing Apparel, School Books and Family Bible. Such items of wearing apparel and such school books as are necessary for the obligor or for members of the obligor's family, and the family bible or other book containing the family's religious beliefs; (2) Fuels, Provisions, Furniture, And Personal Effects. If the obligor is the head of the family, so much of the fuel, provisions, furniture, and personal effects in the obligor's household, and of the arms for personal use, livestock, and poultry of the obligor, as does not exceed five thousand dollars ($5,000) in value; (3) Books And Tools Of A Trade, Business, Or Profession. So many of the books and tools necessary for the trade, business or profession of the obligor as do not exceed in the aggregate two thousand five hundred dollars ($2,500) in value.
(1) Wearing Apparel, School Books and Family Bible. Such items of wearing apparel and such school books as are necessary for the obligor or for members of the obligor's family, and the family bible or other book containing the family's religious beliefs;
(2) Fuels, Provisions, Furniture, And Personal Effects. If the obligor is the head of the family, so much of the fuel, provisions, furniture, and personal effects in the obligor's household, and of the arms for personal use, livestock, and poultry of the obligor, as does not exceed five thousand dollars ($5,000) in value;
(3) Books And Tools Of A Trade, Business, Or Profession. So many of the books and tools necessary for the trade, business or profession of the obligor as do not exceed in the aggregate two thousand five hundred dollars ($2,500) in value.
(b) Appraisal. The agent of the department seizing property of the type described in subsection (a) shall appraise and set aside to the owner the amount of such property declared to be exempt. If the obligor objects at the time of the seizure to the valuation fixed by the agent making the seizure, the commissioner or the commissioner's agent shall summon three (3) disinterested individuals who shall make the valuation.
(c) No Other Property Exempt. Notwithstanding any other law of the state, no property or rights to property shall be exempt from levy other than the property specifically made exempt by subsection (a).
Acts 1997, ch. 551, § 12.
Tenn. Code Ann. § 36-5-1302 — TN Code / Title 36 / Chapter 5 / Section 36-5-1302
Inclusion of social security numbers in certain records
Status: in_force

Notwithstanding any other law to the contrary, the social security number of any individual who is subject to a divorce decree, order of support issued by any court, any order of paternity or legitimation, or any voluntary acknowledgment of paternity shall be placed in the records relating to such matter. Acts 1997, ch. 551, § 29.
Notwithstanding any other law to the contrary, the social security number of any individual who is subject to a divorce decree, order of support issued by any court, any order of paternity or legitimation, or any voluntary acknowledgment of paternity shall be placed in the records relating to such matter.
Acts 1997, ch. 551, § 29.
Tenn. Code Ann. § 36-5-1103 — TN Code / Title 36 / Chapter 5 / Section 36-5-1103
Reports for employers with employees in two or more states
Status: in_force

An employer that has employees who are employed in two (2) or more states and that transmits reports magnetically or electronically may comply with § 36-5-1102 by designating one (1) state in which such employer has employees to which the employer will transmit the report described in § 36-5-1102 and by transmitting such report to such state. Any employer that transmits reports pursuant to this section shall notify the secretary of the United States department of health and human services, in writing, as to which state such employer designates for the purpose of sending reports under this section. Acts 1997, ch. 551, § 1.
An employer that has employees who are employed in two (2) or more states and that transmits reports magnetically or electronically may comply with § 36-5-1102 by designating one (1) state in which such employer has employees to which the employer will transmit the report described in § 36-5-1102 and by transmitting such report to such state. Any employer that transmits reports pursuant to this section shall notify the secretary of the United States department of health and human services, in writing, as to which state such employer designates for the purpose of sending reports under this section.
Acts 1997, ch. 551, § 1.
Tenn. Code Ann. § 36-1-145 — TN Code / Title 36 / Chapter 1 / Section 36-1-145
Written contract for post-adoption contact between certain parties - Requirements - Enforcement - Modification - Termination
Status: in_force

(a) A prospective adoptive parent or an adoptive parent and a biological parent; or a prospective adoptive parent or an adoptive parent, a biological parent, and a child who is fourteen (14) years of age or older who is being adopted or who has been adopted, may voluntarily enter into a written contract for post-adoption contact that permits continued contact between legal relatives and the child. Unless expressly designated as a moral agreement only and that the agreement is not intended to be legally enforceable, a written agreement executed in accordance with this section is a contract for post-adoption contact, and is enforceable pursuant to this section. A subject child fourteen (14) years of age or older is a necessary party to a contract for post-adoption contact and is deemed to have the capacity to enter into a contract for purposes of this section. (b) A contract for post-adoption contact may provide for privileges regarding an adopted child, including, but not limited to, visitation with the child, contact with the child, sharing of information about the child, or sharing of information about biological parents or adoptive parents. (c) A contract for post-adoption contact must be in writing and signed by all parties to the agreement and is enforceable pursuant to this section. A verbal agreement or written statement not signed by all parties is not enforceable under this section. A provision of a contract for post-adoption contact permitting contact between an adopted child and a person legally restrained from contact with the child, or with children generally, is not enforceable under this section. A contract for post-adoption contact becomes enforceable under this section upon finalization of the anticipated adoption. Unless the parties state otherwise in the contract, a contract for post-adoption contact may be enforceable until the child being adopted reaches eighteen (18) years of age. (d) As used in this section, "parties" means the prospective adoptive parent or adoptive parent, the biological parent, and the child if the child is fourteen (14) years of age or older at the time of the contract, but excludes any third-party beneficiary to the contract. (e) A contract for post-adoption contact must contain the following warnings in at least fourteen (14) point boldface type: (1) After the entry of an order of adoption, an adoption cannot be set aside due to the failure of an adoptive parent, a biological parent, or the child to follow the terms of this contract or a later change to this contract; and (2) A disagreement between the parties or litigation brought to enforce or modify this contract shall not affect the validity of the adoption and cannot serve as a basis for orders affecting the custody of the child. (f) Except as otherwise provided in subdivision (j)(5), the court issuing the order of adoption has continuing jurisdiction over enforcement or modification of a contract for post-adoption contact. (g) A party to a contract for post-adoption contact may file the original contract with the court having jurisdiction over the adoption if the contract provides for court enforcement or if the contract is silent as to the issue of enforcement. A contract filed with the adoption court must be filed in the adoption action, unless an action to enforce the contract is filed. An action to enforce the contract is a new and independent action. (h) A contract for post-adoption contact may be modified or terminated by voluntary execution of a modification or termination agreement by all living parties to the original contract. A modified contract for post-adoption contact may be filed with the court if the contract provides for court enforcement or the contract is silent as to enforcement. (i) A court shall not set aside an order of adoption, rescind a waiver of interest or surrender, or modify an order terminating parental rights due to the failure of a party to comply with any or all the original terms of, or subsequent modifications to, a contract for post-adoption contact. (j) A biological parent shall not petition the court for modification of a contract for post-adoption contact. Only the adoptive parent or the child may petition the court to modify a contract for post-adoption contact. For purposes of this section, a petition to terminate a post-adoption contract will be considered a petition for modification of the contract. Any party may petition the court for enforcement of a contract for post-adoption contact. Enforcement or modification of an enforceable contract for post-adoption contact must be initiated by an appropriate party as follows: (1) By delivering a letter, by certified mail or personal service, to all other parties to the contract stating with reasonable particularity the enforcement or modification sought and the reason for such request; (2) The party against whom enforcement or modification is sought has thirty (30) days after receipt of the letter to provide a response; (3) If no response is received within thirty (30) days, or the response is not satisfactory to the party initiating enforcement or modification, the adoptive parent must seek and obtain, at the parent's own expense, a written opinion from a licensed psychological professional holding a certification equal to or greater than that of clinical social worker as to the child's best interests on the issue or issues raised and a recommendation as to whether any or all of the requested enforcement or modification should occur, including any other recommendations based on the child's best interests regarding the child's relationship to the parties. The opinion of the psychological professional must be completed and provided to the other parties by the adoptive parents within ninety (90) days of the delivery of the initial notice; (4) If the professional recommendation does not result in a resolution of the issues, or if the adoptive parent fails to obtain the opinion of a psychological professional within the time provided, the parties shall attend mediation within thirty (30) days of the release of the written recommendation or within one hundred twenty (120) days of the delivery of the initial notice. The parties may agree on a mediator, or a party otherwise authorized to do so under this section may file a petition for modification or enforcement of the contract before the court that issued the order of adoption and request appointment of a mediator. The adoptive parent is responsible for the mediation costs; and (5) If the issues raised are not resolved after two (2) mediation sessions, the mediation reaches an impasse as determined by the mediator, or the opposing party refuses to participate in mediation, a party, if permitted under this section, may petition the court that issued the order of adoption for relief. If the court that issued the order of adoption is not a Tennessee court and a biological parent residing in Tennessee is seeking enforcement of a contract for post-adoption contact, then the biological parent may petition for enforcement of the contract in a court with adoption jurisdiction in the county where the biological parent resides. If at that time no party resides in this state, the petition may be filed in a court with adoption jurisdiction where the child resides. Tennessee law applies to enforcement of contracts made pursuant to this section regardless of where the action is filed. The burden of proof is on the party seeking enforcement or modification. The standard of proof is a preponderance of the evidence. The best interests of the child must be the court's primary test for determining whether the contract should be modified or enforced, but the good faith of all parties, any change in circumstances since the contract was executed, and each party's compliance with the contract to date, are also relevant considerations. The court may consider such other evidence as is appropriate to reach an equitable resolution. (k) Any further requests for enforcement or modification based on the same or similar allegations made by the same party must be filed at the expense of the moving party directly in the court that granted the order for adoption. A party determined by the court to be noncompliant must overcome a presumption of bad faith. (l) Court costs and attorney fees incurred by any party to the contract and the fees of any attorney for the child incurred under subsection (j)(5) may be taxed to all or any parties. The good faith and means of each party are to be primary considerations for apportionment of fees and expenses. (m) Should an adoptive parent lose legal custody of the child, the process in this section to enforce a contract for post-adoption contact must be suspended until such time as custody is restored. However, a subsequent custodian may choose to comply with the contract as a moral agreement. (n) (1) A guardian ad litem appointed for the subject child in a contested termination of parental rights is not a necessary party to a contract for post-adoption contact. Parties to a proposed agreement shall offer the guardian ad litem an opportunity to participate in the negotiation of the agreement and to review the final agreement before it is executed, and shall provide to the guardian ad litem a copy of the contract for post-adoption contact after it is executed. (2) If the contract for post-adoption contact is part of an agreed resolution to a contested termination of parental or guardianship rights action, then the child's guardian ad litem shall advocate for the best interest of the child before the execution of the agreement. The guardian ad litem may request a hearing before the court, prior to resolution of the termination of parental or guardianship rights action, to offer evidence regarding whether the contract for post-adoption contact serves the child's best interest. The court may consider the terms of a contract for post-adoption contact in determining whether termination of parental or guardianship rights is in the best interest of the child. (3) A contract for post-adoption contact may not expand or extend the duties of the guardian ad litem after the final resolution of the case in which the guardian ad litem is appointed. If a court determines that a child requires a guardian ad litem in an action to enforce or modify a contract for post-adoption contact, the court may make a new guardian ad litem appointment. Amended by 2020 Tenn. Acts, ch. 525, Secs.s10, s11 eff. 3/6/2020. Added by 2019 Tenn. Acts, ch. 35, s 2, eff. 3/22/2019.
(a) A prospective adoptive parent or an adoptive parent and a biological parent; or a prospective adoptive parent or an adoptive parent, a biological parent, and a child who is fourteen (14) years of age or older who is being adopted or who has been adopted, may voluntarily enter into a written contract for post-adoption contact that permits continued contact between legal relatives and the child. Unless expressly designated as a moral agreement only and that the agreement is not intended to be legally enforceable, a written agreement executed in accordance with this section is a contract for post-adoption contact, and is enforceable pursuant to this section. A subject child fourteen (14) years of age or older is a necessary party to a contract for post-adoption contact and is deemed to have the capacity to enter into a contract for purposes of this section.
(b) A contract for post-adoption contact may provide for privileges regarding an adopted child, including, but not limited to, visitation with the child, contact with the child, sharing of information about the child, or sharing of information about biological parents or adoptive parents.
(c) A contract for post-adoption contact must be in writing and signed by all parties to the agreement and is enforceable pursuant to this section. A verbal agreement or written statement not signed by all parties is not enforceable under this section. A provision of a contract for post-adoption contact permitting contact between an adopted child and a person legally restrained from contact with the child, or with children generally, is not enforceable under this section. A contract for post-adoption contact becomes enforceable under this section upon finalization of the anticipated adoption. Unless the parties state otherwise in the contract, a contract for post-adoption contact may be enforceable until the child being adopted reaches eighteen (18) years of age.
(d) As used in this section, "parties" means the prospective adoptive parent or adoptive parent, the biological parent, and the child if the child is fourteen (14) years of age or older at the time of the contract, but excludes any third-party beneficiary to the contract.
(e) A contract for post-adoption contact must contain the following warnings in at least fourteen (14) point boldface type: (1) After the entry of an order of adoption, an adoption cannot be set aside due to the failure of an adoptive parent, a biological parent, or the child to follow the terms of this contract or a later change to this contract; and (2) A disagreement between the parties or litigation brought to enforce or modify this contract shall not affect the validity of the adoption and cannot serve as a basis for orders affecting the custody of the child.
(1) After the entry of an order of adoption, an adoption cannot be set aside due to the failure of an adoptive parent, a biological parent, or the child to follow the terms of this contract or a later change to this contract; and
(2) A disagreement between the parties or litigation brought to enforce or modify this contract shall not affect the validity of the adoption and cannot serve as a basis for orders affecting the custody of the child.
(f) Except as otherwise provided in subdivision (j)(5), the court issuing the order of adoption has continuing jurisdiction over enforcement or modification of a contract for post-adoption contact.
(g) A party to a contract for post-adoption contact may file the original contract with the court having jurisdiction over the adoption if the contract provides for court enforcement or if the contract is silent as to the issue of enforcement. A contract filed with the adoption court must be filed in the adoption action, unless an action to enforce the contract is filed. An action to enforce the contract is a new and independent action.
(h) A contract for post-adoption contact may be modified or terminated by voluntary execution of a modification or termination agreement by all living parties to the original contract. A modified contract for post-adoption contact may be filed with the court if the contract provides for court enforcement or the contract is silent as to enforcement.
(i) A court shall not set aside an order of adoption, rescind a waiver of interest or surrender, or modify an order terminating parental rights due to the failure of a party to comply with any or all the original terms of, or subsequent modifications to, a contract for post-adoption contact.
(j) A biological parent shall not petition the court for modification of a contract for post-adoption contact. Only the adoptive parent or the child may petition the court to modify a contract for post-adoption contact. For purposes of this section, a petition to terminate a post-adoption contract will be considered a petition for modification of the contract. Any party may petition the court for enforcement of a contract for post-adoption contact. Enforcement or modification of an enforceable contract for post-adoption contact must be initiated by an appropriate party as follows: (1) By delivering a letter, by certified mail or personal service, to all other parties to the contract stating with reasonable particularity the enforcement or modification sought and the reason for such request; (2) The party against whom enforcement or modification is sought has thirty (30) days after receipt of the letter to provide a response; (3) If no response is received within thirty (30) days, or the response is not satisfactory to the party initiating enforcement or modification, the adoptive parent must seek and obtain, at the parent's own expense, a written opinion from a licensed psychological professional holding a certification equal to or greater than that of clinical social worker as to the child's best interests on the issue or issues raised and a recommendation as to whether any or all of the requested enforcement or modification should occur, including any other recommendations based on the child's best interests regarding the child's relationship to the parties. The opinion of the psychological professional must be completed and provided to the other parties by the adoptive parents within ninety (90) days of the delivery of the initial notice; (4) If the professional recommendation does not result in a resolution of the issues, or if the adoptive parent fails to obtain the opinion of a psychological professional within the time provided, the parties shall attend mediation within thirty (30) days of the release of the written recommendation or within one hundred twenty (120) days of the delivery of the initial notice. The parties may agree on a mediator, or a party otherwise authorized to do so under this section may file a petition for modification or enforcement of the contract before the court that issued the order of adoption and request appointment of a mediator. The adoptive parent is responsible for the mediation costs; and (5) If the issues raised are not resolved after two (2) mediation sessions, the mediation reaches an impasse as determined by the mediator, or the opposing party refuses to participate in mediation, a party, if permitted under this section, may petition the court that issued the order of adoption for relief. If the court that issued the order of adoption is not a Tennessee court and a biological parent residing in Tennessee is seeking enforcement of a contract for post-adoption contact, then the biological parent may petition for enforcement of the contract in a court with adoption jurisdiction in the county where the biological parent resides. If at that time no party resides in this state, the petition may be filed in a court with adoption jurisdiction where the child resides. Tennessee law applies to enforcement of contracts made pursuant to this section regardless of where the action is filed. The burden of proof is on the party seeking enforcement or modification. The standard of proof is a preponderance of the evidence. The best interests of the child must be the court's primary test for determining whether the contract should be modified or enforced, but the good faith of all parties, any change in circumstances since the contract was executed, and each party's compliance with the contract to date, are also relevant considerations. The court may consider such other evidence as is appropriate to reach an equitable resolution.
(1) By delivering a letter, by certified mail or personal service, to all other parties to the contract stating with reasonable particularity the enforcement or modification sought and the reason for such request;
(2) The party against whom enforcement or modification is sought has thirty (30) days after receipt of the letter to provide a response;
(3) If no response is received within thirty (30) days, or the response is not satisfactory to the party initiating enforcement or modification, the adoptive parent must seek and obtain, at the parent's own expense, a written opinion from a licensed psychological professional holding a certification equal to or greater than that of clinical social worker as to the child's best interests on the issue or issues raised and a recommendation as to whether any or all of the requested enforcement or modification should occur, including any other recommendations based on the child's best interests regarding the child's relationship to the parties. The opinion of the psychological professional must be completed and provided to the other parties by the adoptive parents within ninety (90) days of the delivery of the initial notice;
(4) If the professional recommendation does not result in a resolution of the issues, or if the adoptive parent fails to obtain the opinion of a psychological professional within the time provided, the parties shall attend mediation within thirty (30) days of the release of the written recommendation or within one hundred twenty (120) days of the delivery of the initial notice. The parties may agree on a mediator, or a party otherwise authorized to do so under this section may file a petition for modification or enforcement of the contract before the court that issued the order of adoption and request appointment of a mediator. The adoptive parent is responsible for the mediation costs; and
(5) If the issues raised are not resolved after two (2) mediation sessions, the mediation reaches an impasse as determined by the mediator, or the opposing party refuses to participate in mediation, a party, if permitted under this section, may petition the court that issued the order of adoption for relief. If the court that issued the order of adoption is not a Tennessee court and a biological parent residing in Tennessee is seeking enforcement of a contract for post-adoption contact, then the biological parent may petition for enforcement of the contract in a court with adoption jurisdiction in the county where the biological parent resides. If at that time no party resides in this state, the petition may be filed in a court with adoption jurisdiction where the child resides. Tennessee law applies to enforcement of contracts made pursuant to this section regardless of where the action is filed. The burden of proof is on the party seeking enforcement or modification. The standard of proof is a preponderance of the evidence. The best interests of the child must be the court's primary test for determining whether the contract should be modified or enforced, but the good faith of all parties, any change in circumstances since the contract was executed, and each party's compliance with the contract to date, are also relevant considerations. The court may consider such other evidence as is appropriate to reach an equitable resolution.
(k) Any further requests for enforcement or modification based on the same or similar allegations made by the same party must be filed at the expense of the moving party directly in the court that granted the order for adoption. A party determined by the court to be noncompliant must overcome a presumption of bad faith.
(l) Court costs and attorney fees incurred by any party to the contract and the fees of any attorney for the child incurred under subsection (j)(5) may be taxed to all or any parties. The good faith and means of each party are to be primary considerations for apportionment of fees and expenses.
(m) Should an adoptive parent lose legal custody of the child, the process in this section to enforce a contract for post-adoption contact must be suspended until such time as custody is restored. However, a subsequent custodian may choose to comply with the contract as a moral agreement.
(n) (1) A guardian ad litem appointed for the subject child in a contested termination of parental rights is not a necessary party to a contract for post-adoption contact. Parties to a proposed agreement shall offer the guardian ad litem an opportunity to participate in the negotiation of the agreement and to review the final agreement before it is executed, and shall provide to the guardian ad litem a copy of the contract for post-adoption contact after it is executed. (2) If the contract for post-adoption contact is part of an agreed resolution to a contested termination of parental or guardianship rights action, then the child's guardian ad litem shall advocate for the best interest of the child before the execution of the agreement. The guardian ad litem may request a hearing before the court, prior to resolution of the termination of parental or guardianship rights action, to offer evidence regarding whether the contract for post-adoption contact serves the child's best interest. The court may consider the terms of a contract for post-adoption contact in determining whether termination of parental or guardianship rights is in the best interest of the child. (3) A contract for post-adoption contact may not expand or extend the duties of the guardian ad litem after the final resolution of the case in which the guardian ad litem is appointed. If a court determines that a child requires a guardian ad litem in an action to enforce or modify a contract for post-adoption contact, the court may make a new guardian ad litem appointment.
(1) A guardian ad litem appointed for the subject child in a contested termination of parental rights is not a necessary party to a contract for post-adoption contact. Parties to a proposed agreement shall offer the guardian ad litem an opportunity to participate in the negotiation of the agreement and to review the final agreement before it is executed, and shall provide to the guardian ad litem a copy of the contract for post-adoption contact after it is executed.
(2) If the contract for post-adoption contact is part of an agreed resolution to a contested termination of parental or guardianship rights action, then the child's guardian ad litem shall advocate for the best interest of the child before the execution of the agreement. The guardian ad litem may request a hearing before the court, prior to resolution of the termination of parental or guardianship rights action, to offer evidence regarding whether the contract for post-adoption contact serves the child's best interest. The court may consider the terms of a contract for post-adoption contact in determining whether termination of parental or guardianship rights is in the best interest of the child.
(3) A contract for post-adoption contact may not expand or extend the duties of the guardian ad litem after the final resolution of the case in which the guardian ad litem is appointed. If a court determines that a child requires a guardian ad litem in an action to enforce or modify a contract for post-adoption contact, the court may make a new guardian ad litem appointment.
Amended by 2020 Tenn. Acts, ch. 525, Secs.s10, s11 eff. 3/6/2020.
Added by 2019 Tenn. Acts, ch. 35, s 2, eff. 3/22/2019.
Tenn. Code Ann. § 36-5-119 — TN Code / Title 36 / Chapter 5 / Section 36-5-119
Satellite offices
Status: in_force

Notwithstanding this part or any other law to the contrary, the department of human services shall vigorously investigate and determine the feasibility of securing the necessary waivers required to permit establishment of satellite offices for the state's central collection and disbursement unit. Such satellite offices would be established only in those counties that account for a substantial percentage of total child support collections within the state. Such satellite offices would locally collect and/or disburse child support and/or would provide a locally based customer service unit for residents of such county. Acts 1998, ch. 1048, § 6.
Notwithstanding this part or any other law to the contrary, the department of human services shall vigorously investigate and determine the feasibility of securing the necessary waivers required to permit establishment of satellite offices for the state's central collection and disbursement unit. Such satellite offices would be established only in those counties that account for a substantial percentage of total child support collections within the state. Such satellite offices would locally collect and/or disburse child support and/or would provide a locally based customer service unit for residents of such county.
Acts 1998, ch. 1048, § 6.
Tenn. Code Ann. § 36-5-3005 — TN Code / Title 36 / Chapter 5 / Section 36-5-3005
Duties of the transferor court
Status: in_force

(a) If no request for contest of the request for transfer is filed within fifteen (15) days pursuant to § 36-5-3004(6) , or if the contest of the transfer is denied by the transferor court, the clerk of the transferor court shall, within fifteen (15) days thereafter: (1) Remove from the court file the original pleadings, orders and any other filed documents, or make certified copies of such documents; (2) Prepare a certified, complete child support payment record, unless the case is being enforced by the department of human services pursuant to Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), in which situation the department's child support computer system, if operative for the transferor and transferee court at the time of the transfer, shall be used as the child support payment record and the clerk shall not be required to prepare the certified child support payment record; (3) (A) Mail the originals, or certified copies of the originals, of all documents and, if necessary, the certified child support payment record, to the clerk of the court of the transferee court. The computer record, if operative, shall be used as the official record of the child support obligation; (B) Mail the notice supplied pursuant to § 36-5-3004(8) to the non-requesting party. The department shall mail the notice in Title IV-D child support cases. (b) The clerk of the transferor court shall not be required to maintain the copies of the original pleadings or other original documents in the record, but may do so if certified copies are sent. (c) Upon receipt of the transferred documents and assignment of a docket number by the transferee court, the jurisdiction of the transferor court is terminated. Acts 1997, ch. 551, § 5; 1998, ch. 1098, § 52; 2000, ch. 922, § 34.
(a) If no request for contest of the request for transfer is filed within fifteen (15) days pursuant to § 36-5-3004(6) , or if the contest of the transfer is denied by the transferor court, the clerk of the transferor court shall, within fifteen (15) days thereafter: (1) Remove from the court file the original pleadings, orders and any other filed documents, or make certified copies of such documents; (2) Prepare a certified, complete child support payment record, unless the case is being enforced by the department of human services pursuant to Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), in which situation the department's child support computer system, if operative for the transferor and transferee court at the time of the transfer, shall be used as the child support payment record and the clerk shall not be required to prepare the certified child support payment record; (3) (A) Mail the originals, or certified copies of the originals, of all documents and, if necessary, the certified child support payment record, to the clerk of the court of the transferee court. The computer record, if operative, shall be used as the official record of the child support obligation; (B) Mail the notice supplied pursuant to § 36-5-3004(8) to the non-requesting party. The department shall mail the notice in Title IV-D child support cases.
(1) Remove from the court file the original pleadings, orders and any other filed documents, or make certified copies of such documents;
(2) Prepare a certified, complete child support payment record, unless the case is being enforced by the department of human services pursuant to Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), in which situation the department's child support computer system, if operative for the transferor and transferee court at the time of the transfer, shall be used as the child support payment record and the clerk shall not be required to prepare the certified child support payment record;
(3) (A) Mail the originals, or certified copies of the originals, of all documents and, if necessary, the certified child support payment record, to the clerk of the court of the transferee court. The computer record, if operative, shall be used as the official record of the child support obligation; (B) Mail the notice supplied pursuant to § 36-5-3004(8) to the non-requesting party. The department shall mail the notice in Title IV-D child support cases.
(A) Mail the originals, or certified copies of the originals, of all documents and, if necessary, the certified child support payment record, to the clerk of the court of the transferee court. The computer record, if operative, shall be used as the official record of the child support obligation;
(B) Mail the notice supplied pursuant to § 36-5-3004(8) to the non-requesting party. The department shall mail the notice in Title IV-D child support cases.
(b) The clerk of the transferor court shall not be required to maintain the copies of the original pleadings or other original documents in the record, but may do so if certified copies are sent.
(c) Upon receipt of the transferred documents and assignment of a docket number by the transferee court, the jurisdiction of the transferor court is terminated.
Acts 1997, ch. 551, § 5; 1998, ch. 1098, § 52; 2000, ch. 922, § 34.
Tenn. Code Ann. § 36-7-304 — TN Code / Title 36 / Chapter 7 / Section 36-7-304
Testimony by electronic means
Status: in_force

In a proceeding under this part, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
In a proceeding under this part, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-5-1104 — TN Code / Title 36 / Chapter 5 / Section 36-5-1104
Time frames for reports by employers
Status: in_force

The report provided by § 36-5-1102 shall be made not later than twenty (20) days after the date the employer hires the employee, or, in the case of an employer transmitting reports magnetically or electronically, by two (2) monthly transmissions, if necessary, not less than twelve (12) nor more than sixteen (16) days apart. Acts 1997, ch. 551, § 1; 1998, ch. 1098, § 44.
The report provided by § 36-5-1102 shall be made not later than twenty (20) days after the date the employer hires the employee, or, in the case of an employer transmitting reports magnetically or electronically, by two (2) monthly transmissions, if necessary, not less than twelve (12) nor more than sixteen (16) days apart.
Acts 1997, ch. 551, § 1; 1998, ch. 1098, § 44.
Tenn. Code Ann. § 36-5-117 — TN Code / Title 36 / Chapter 5 / Section 36-5-117
Reimbursement of clerks of court for activities involving child support, central state case registry and the central collection and disbursement system
Status: in_force

(a) (1) Notwithstanding any law to the contrary, and in lieu of any other fees or costs set forth by law that would otherwise be applicable to cases enforced by the department of human services or its contractors pursuant to Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), and for activity related to the collection and disbursement of support in cases subject to 42 U.S.C. § 654b , and for their activities required pursuant to § 36-5-115 , the clerks of court shall be reimbursed by the department to the maximum extent permitted under federal law and regulations for the actual costs of providing services for which federal financial participation is available for child and spousal support cases being enforced pursuant to, or otherwise subject to, the requirements of the Title IV-D child support program. (2) Nothing in this section shall alter the method for payment of court costs in Title IV-D support cases or in non-Title IV-D support cases by private parties, if otherwise permitted by federal law or regulations. (b) The actual costs and the clerks of court reimbursement rates shall be set according to the Study of Actual Costs of Activities by Clerks of Court for Child and Spousal Support Cases and Determination of Actual Costs for Reimbursement by the department of human services-revised report of study dated November 18, 1998. (c) The cost reimbursement process section shall be implemented upon the implementation of the centralized collection and disbursement system, but in no circumstance later than October 1, 1999. Reimbursement to the clerks of court under the cost reimbursement process shall be made on a monthly basis by electronic fund transfer. Reimbursement of such costs shall be made pursuant to a contract, if required by federal law or regulations, by the department with each clerk who performs such child or spousal support services as may be required by Title IV-D of the Social Security Act. Notwithstanding any law to the contrary, the clerk of the court shall have authority to contract with the department as may be required pursuant to this subsection (c). (d) Notwithstanding any provision of law to the contrary, upon implementation of the reimbursement process described in this section, any provision of law that would otherwise exempt the department or its contractors from the payment of costs for cases subject to Title IV-D requirements involving child or spousal support services or as otherwise required pursuant to 42 U.S.C. § 654b , shall be superseded by the cost reimbursement provisions of this section, and all costs associated with services provided by the clerks of court to the department or its contractors will be paid according to the cost reimbursement provisions of this section; provided, that the provisions of this subsection (d) negating such exemptions shall not apply to any exemptions from costs or fees required by federal law or regulations or any uniform act. Amended by 2020 Tenn. Acts, ch. 535, Secs.s1, s2, s3 eff. 3/19/2020. Acts 1998, ch. 1048, § 4.
(a) (1) Notwithstanding any law to the contrary, and in lieu of any other fees or costs set forth by law that would otherwise be applicable to cases enforced by the department of human services or its contractors pursuant to Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), and for activity related to the collection and disbursement of support in cases subject to 42 U.S.C. § 654b , and for their activities required pursuant to § 36-5-115 , the clerks of court shall be reimbursed by the department to the maximum extent permitted under federal law and regulations for the actual costs of providing services for which federal financial participation is available for child and spousal support cases being enforced pursuant to, or otherwise subject to, the requirements of the Title IV-D child support program. (2) Nothing in this section shall alter the method for payment of court costs in Title IV-D support cases or in non-Title IV-D support cases by private parties, if otherwise permitted by federal law or regulations.
(1) Notwithstanding any law to the contrary, and in lieu of any other fees or costs set forth by law that would otherwise be applicable to cases enforced by the department of human services or its contractors pursuant to Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), and for activity related to the collection and disbursement of support in cases subject to 42 U.S.C. § 654b , and for their activities required pursuant to § 36-5-115 , the clerks of court shall be reimbursed by the department to the maximum extent permitted under federal law and regulations for the actual costs of providing services for which federal financial participation is available for child and spousal support cases being enforced pursuant to, or otherwise subject to, the requirements of the Title IV-D child support program.
(2) Nothing in this section shall alter the method for payment of court costs in Title IV-D support cases or in non-Title IV-D support cases by private parties, if otherwise permitted by federal law or regulations.
(b) The actual costs and the clerks of court reimbursement rates shall be set according to the Study of Actual Costs of Activities by Clerks of Court for Child and Spousal Support Cases and Determination of Actual Costs for Reimbursement by the department of human services-revised report of study dated November 18, 1998.
(c) The cost reimbursement process section shall be implemented upon the implementation of the centralized collection and disbursement system, but in no circumstance later than October 1, 1999. Reimbursement to the clerks of court under the cost reimbursement process shall be made on a monthly basis by electronic fund transfer. Reimbursement of such costs shall be made pursuant to a contract, if required by federal law or regulations, by the department with each clerk who performs such child or spousal support services as may be required by Title IV-D of the Social Security Act. Notwithstanding any law to the contrary, the clerk of the court shall have authority to contract with the department as may be required pursuant to this subsection (c).
(d) Notwithstanding any provision of law to the contrary, upon implementation of the reimbursement process described in this section, any provision of law that would otherwise exempt the department or its contractors from the payment of costs for cases subject to Title IV-D requirements involving child or spousal support services or as otherwise required pursuant to 42 U.S.C. § 654b , shall be superseded by the cost reimbursement provisions of this section, and all costs associated with services provided by the clerks of court to the department or its contractors will be paid according to the cost reimbursement provisions of this section; provided, that the provisions of this subsection (d) negating such exemptions shall not apply to any exemptions from costs or fees required by federal law or regulations or any uniform act.
Amended by 2020 Tenn. Acts, ch. 535, Secs.s1, s2, s3 eff. 3/19/2020.
Acts 1998, ch. 1048, § 4.
Tenn. Code Ann. § 36-4-125 — TN Code / Title 36 / Chapter 4 / Section 36-4-125
Legitimacy of children unaffected by divorce or annulment
Status: in_force

The annulment or dissolution of the marriage shall not in any way affect the legitimacy of the children of the same. Code 1858, § 2476 (deriv. Acts 1835-1836, ch. 26, § 7); Shan., §4229; mod. Code 1932, § 8453; T.C.A. (orig. ed.), § 36-832.
The annulment or dissolution of the marriage shall not in any way affect the legitimacy of the children of the same.
Code 1858, § 2476 (deriv. Acts 1835-1836, ch. 26, § 7); Shan., §4229; mod. Code 1932, § 8453; T.C.A. (orig. ed.), § 36-832.
Tenn. Code Ann. § 36-2-402 — TN Code / Title 36 / Chapter 2 / Section 36-2-402
Part definitions
Status: in_force

As used in this part: (1) "Embryo" or "human embryo" means an individual fertilized ovum of the human species from the single-cell stage to eight-week development; (2) "Embryo parentage" means the acceptance of rights and responsibilities for an embryo by a recipient intended parent; (3) "Embryo relinquishment" or "legal transfer of rights to an embryo" means the relinquishment of rights and responsibilities by the person or persons who hold the legal rights and responsibilities for an embryo; (4) "Embryo transfer" means the medical procedure of physically placing an embryo into the uterus of a female recipient intended parent; (5) "Legal embryo custodian" means the person or entity, including an embryo transfer clinic, who hold the legal rights and responsibilities for a human embryo and who relinquishes said embryo to another person; and (6) "Recipient intended parent" means a person or persons who receive a relinquished embryo and who accepts full legal rights and responsibilities for such embryo and any child that may be born as a result of embryo transfer. Added by 2013 Tenn. Acts, ch. 309,s 1, eff. 7/1/2013.
As used in this part:
(1) "Embryo" or "human embryo" means an individual fertilized ovum of the human species from the single-cell stage to eight-week development;
(2) "Embryo parentage" means the acceptance of rights and responsibilities for an embryo by a recipient intended parent;
(3) "Embryo relinquishment" or "legal transfer of rights to an embryo" means the relinquishment of rights and responsibilities by the person or persons who hold the legal rights and responsibilities for an embryo;
(4) "Embryo transfer" means the medical procedure of physically placing an embryo into the uterus of a female recipient intended parent;
(5) "Legal embryo custodian" means the person or entity, including an embryo transfer clinic, who hold the legal rights and responsibilities for a human embryo and who relinquishes said embryo to another person; and
(6) "Recipient intended parent" means a person or persons who receive a relinquished embryo and who accepts full legal rights and responsibilities for such embryo and any child that may be born as a result of embryo transfer.
Added by 2013 Tenn. Acts, ch. 309,s 1, eff. 7/1/2013.
Tenn. Code Ann. § 36-5-909 — TN Code / Title 36 / Chapter 5 / Section 36-5-909
Limitation on rights of action
Status: in_force

No action may be maintained against any officer or employee of the state, or former officer or employee or the officer's or employee's personal representative, with respect to any acts for which an action could be maintained under this part. Acts 1997, ch. 551, § 12.
No action may be maintained against any officer or employee of the state, or former officer or employee or the officer's or employee's personal representative, with respect to any acts for which an action could be maintained under this part.
Acts 1997, ch. 551, § 12.
Tenn. Code Ann. § 36-5-2304 — TN Code / Title 36 / Chapter 5 / Section 36-5-2304
Duties of initiating tribunal
Status: in_force

(a) Upon the filing of a petition authorized by parts 20-29 of this chapter an initiating tribunal of this state shall forward the petition and its accompanying documents: (1) To the responding tribunal or appropriate support enforcement agency in the responding state; or (2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. (b) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal. Acts 2010, ch. 901, § 1.
(a) Upon the filing of a petition authorized by parts 20-29 of this chapter an initiating tribunal of this state shall forward the petition and its accompanying documents: (1) To the responding tribunal or appropriate support enforcement agency in the responding state; or (2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
(1) To the responding tribunal or appropriate support enforcement agency in the responding state; or
(2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
(b) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-102 — TN Code / Title 36 / Chapter 5 / Section 36-5-102
Portion of spouse's estate decreed to spouse entitled to alimony or support - Maintenance of minor custodial parent
Status: in_force

(a) In cases where the court orders alimony or child support in accordance with §§ 36-5-101 and 36-5-121 , the court may decree to the spouse who is entitled to such alimony or child support such part of the other spouse's real and personal estate as it may think proper. In doing so, the court may have reference and look to the property that either spouse received by the other at the time of the marriage, or afterwards, as well as to the separate property secured to either by marriage contract or otherwise. (b) In addition to child support, a judge may require the noncustodial adult parent, who is not the legal spouse of the custodial parent, to pay an amount for the maintenance and support of the custodial parent if the custodial parent of the child is a minor. Such amount shall be determined by the court based on the noncustodial parent's ability to pay and shall be in addition to any court-ordered child support. Any order requiring the noncustodial parent to pay an additional amount for the maintenance and support of the custodial parent shall continue to be effective after the custodial parent reaches eighteen (18) years of age if the custodial parent is in high school. Such order shall continue until the custodial parent marries or graduates from high school or until the class of which the custodial parent is a member when the custodial parent attains eighteen (18) years of age graduates, whichever occurs first. As used in this subsection (b), "maintenance and support of the custodial parent" may also include counseling and other special medical services needed by the custodial parent. Code 1858, § 2469 (deriv. Acts 1841-1842, ch. 133, § 2); Shan., § 4222; Code 1932, § 8447; Acts 1979, ch. 339, § 2; T.C.A. (orig. ed.), § 36-821; Acts 1997 , ch. 134, § 1; 1998, ch. 1018, § 1; 2005, ch. 287, § 3.
(a) In cases where the court orders alimony or child support in accordance with §§ 36-5-101 and 36-5-121 , the court may decree to the spouse who is entitled to such alimony or child support such part of the other spouse's real and personal estate as it may think proper. In doing so, the court may have reference and look to the property that either spouse received by the other at the time of the marriage, or afterwards, as well as to the separate property secured to either by marriage contract or otherwise.
(b) In addition to child support, a judge may require the noncustodial adult parent, who is not the legal spouse of the custodial parent, to pay an amount for the maintenance and support of the custodial parent if the custodial parent of the child is a minor. Such amount shall be determined by the court based on the noncustodial parent's ability to pay and shall be in addition to any court-ordered child support. Any order requiring the noncustodial parent to pay an additional amount for the maintenance and support of the custodial parent shall continue to be effective after the custodial parent reaches eighteen (18) years of age if the custodial parent is in high school. Such order shall continue until the custodial parent marries or graduates from high school or until the class of which the custodial parent is a member when the custodial parent attains eighteen (18) years of age graduates, whichever occurs first. As used in this subsection (b), "maintenance and support of the custodial parent" may also include counseling and other special medical services needed by the custodial parent.
Code 1858, § 2469 (deriv. Acts 1841-1842, ch. 133, § 2); Shan., § 4222; Code 1932, § 8447; Acts 1979, ch. 339, § 2; T.C.A. (orig. ed.), § 36-821; Acts 1997 , ch. 134, § 1; 1998, ch. 1018, § 1; 2005, ch. 287, § 3.
Tenn. Code Ann. § 36-3-107 — TN Code / Title 36 / Chapter 3 / Section 36-3-107
Reserved
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 1049, s 5, eff. 5/21/2018. Acts 1937, ch. 81, § 3; C. Supp. 1950, § 8414.3; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1981, ch. 159, § 1; T.C.A. (orig. ed.), § 36-409; Acts 1984, ch. 939, § 1; 1990, ch. 894, § 1; 1992, ch. 941, §§ 1-6; 2003 , ch. 90, § 2.
Repealed by 2018 Tenn. Acts, ch. 1049, s 5, eff. 5/21/2018.
Acts 1937, ch. 81, § 3; C. Supp. 1950, § 8414.3; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1981, ch. 159, § 1; T.C.A. (orig. ed.), § 36-409; Acts 1984, ch. 939, § 1; 1990, ch. 894, § 1; 1992, ch. 941, §§ 1-6; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 36-5-1004 — TN Code / Title 36 / Chapter 5 / Section 36-5-1004
Noninterference with department's actions - Injunctive relief
Status: in_force

No person or entity who has been served with an administrative order, administrative subpoena, or request for information or records shall take any measures to defeat the administrative action of the department during the pendency of the review of such action by the administrative hearing officer or by the reviewing court, and the department or its contractor may seek injunctive relief to prevent any actions that would defeat its administrative actions. Acts 1997, ch. 551, § 16.
No person or entity who has been served with an administrative order, administrative subpoena, or request for information or records shall take any measures to defeat the administrative action of the department during the pendency of the review of such action by the administrative hearing officer or by the reviewing court, and the department or its contractor may seek injunctive relief to prevent any actions that would defeat its administrative actions.
Acts 1997, ch. 551, § 16.
Tenn. Code Ann. § 36-2-310 — TN Code / Title 36 / Chapter 2 / Section 36-2-310
Temporary order of support
Status: in_force

The court shall, upon motion of the party, enter a temporary order of child support pending the final determination of paternity upon a showing of clear and convincing evidence of parentage on the basis of genetic tests. Acts 1997, ch. 477, § 1.
The court shall, upon motion of the party, enter a temporary order of child support pending the final determination of paternity upon a showing of clear and convincing evidence of parentage on the basis of genetic tests.
Acts 1997, ch. 477, § 1.
Tenn. Code Ann. § 36-7-103 — TN Code / Title 36 / Chapter 7 / Section 36-7-103
Remedies for noncompliance
Status: in_force

In addition to other remedies under law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may assess reasonable attorney's fees and costs against the party and order other appropriate relief. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
In addition to other remedies under law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may assess reasonable attorney's fees and costs against the party and order other appropriate relief.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-5-2902 — TN Code / Title 36 / Chapter 5 / Section 36-5-2902
Applicability
Status: in_force

Parts 20-29 of this chapter apply to proceedings begun on or after March 31, 2016 to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered. Acts 2010 , ch. 901, § 1.
Parts 20-29 of this chapter apply to proceedings begun on or after March 31, 2016 to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
Acts 2010 , ch. 901, § 1.
Tenn. Code Ann. § 36-4-114 — TN Code / Title 36 / Chapter 4 / Section 36-4-114
Proof required
Status: in_force

If the defendant admits the facts charged in the bill or petition and relied upon as the ground for a divorce, or the bill is taken for confessed, the court shall, nevertheless, before decreeing a divorce, except a divorce on the ground of irreconcilable differences, hear proof of the facts alleged as aforementioned, and either dismiss the bill or petition or grant a divorce, as the justice of the case may require. Code 1858, § 2459 (deriv. Acts 1835-1836, ch. 26, § 6); Shan., §4212; mod. Code 1932, § 8437; Acts 1977, ch. 107, § 4; T.C.A. (orig. ed.), § 36-813.
If the defendant admits the facts charged in the bill or petition and relied upon as the ground for a divorce, or the bill is taken for confessed, the court shall, nevertheless, before decreeing a divorce, except a divorce on the ground of irreconcilable differences, hear proof of the facts alleged as aforementioned, and either dismiss the bill or petition or grant a divorce, as the justice of the case may require.
Code 1858, § 2459 (deriv. Acts 1835-1836, ch. 26, § 6); Shan., §4212; mod. Code 1932, § 8437; Acts 1977, ch. 107, § 4; T.C.A. (orig. ed.), § 36-813.
Tenn. Code Ann. § 36-6-302 — TN Code / Title 36 / Chapter 6 / Section 36-6-302
Grandparents' visitation rights upon child's removal or placement in home or facility
Status: in_force

(a) (1) (A) If a child is removed from the custody of the child's parents, guardian or legal custodian; and (B) If a child is placed in a licensed foster home, a facility operated by a licensed child care agency, or other home or facility designated or operated by the court, whether such placement is by court order, voluntary placement agreement, surrender of parental rights, or otherwise; (2) Then, the grandparents of such child may be granted reasonable visitation rights to the child during such child's minority by the court of competent jurisdiction upon a finding that: (A) Such visitation rights would be in the best interest of the minor child; (B) The grandparents would adequately protect the child from further abuse or intimidation by the perpetrator or any other family member; (C) The grandparents were not implicated in the commission of any alleged act against such child or of their own children that under the law in effect prior to November 1, 1989, would constitute the criminal offense of: (i) Aggravated rape under § 39-2-603 [repealed]; (ii) Rape under § 39-2-604 [repealed]; (iii) Aggravated sexual battery under § 39-2-606 [repealed]; (iv) Sexual battery under § 39-2-607 [repealed]; (v) Assault with intent to commit rape or attempt to commit rape or sexual battery under § 39-2-608 [repealed]; (vi) Crimes against nature under § 39-2-612 [repealed]; (vii) Incest under § 39-4-306 [repealed]; (viii) Begetting child on wife's sister under § 39-4-307 [repealed]; (ix) Use of minor of obscene purposes under § 39-6-1137 [repealed]; or (x) Promotion of performance including sexual conduct by minor under § 39-6-1138 [repealed]; and (D) The grandparents are not implicated in the commission of any alleged act against such child or of their own children that under the law in effect on or after November 1, 1989, would constitute the criminal offense of: (i) Aggravated rape under § 39-13-502 ; (ii) Rape under § 39-13-503 ; (iii) Aggravated sexual battery under § 39-13-504 ; (iv) Sexual battery under § 39-13-505 ; (v) Criminal attempt for any of the offenses in subdivisions (a)(2)(D)(i)-(a)(2)(D)(iv) as provided in § 39-12-101 ; (vi) Incest under § 39-15-302 ; (vii) Sexual exploitation of a minor under § 39-17-1003 ; (viii) Aggravated sexual exploitation of a minor under § 39-17-1004 ; or (ix) Especially aggravated sexual exploitation of a minor under § 39-17-1005 . (b) This section shall not apply in any case in which the child has been adopted by any person other than a stepparent or other relative of the child. Acts 1971, ch. 74, §§ 1, 2; 1975, ch. 330, § 1; T.C.A., §§ 36-1101, 36-1102; Acts 1985, ch. 341, § 1; 1985, ch. 478, § 22; 1995, ch. 428, § 3; T.C.A. § 36-6-301 ; Acts 1997 , ch. 503, § 1; 2000, ch. 981, § 51.
(a) (1) (A) If a child is removed from the custody of the child's parents, guardian or legal custodian; and (B) If a child is placed in a licensed foster home, a facility operated by a licensed child care agency, or other home or facility designated or operated by the court, whether such placement is by court order, voluntary placement agreement, surrender of parental rights, or otherwise; (2) Then, the grandparents of such child may be granted reasonable visitation rights to the child during such child's minority by the court of competent jurisdiction upon a finding that: (A) Such visitation rights would be in the best interest of the minor child; (B) The grandparents would adequately protect the child from further abuse or intimidation by the perpetrator or any other family member; (C) The grandparents were not implicated in the commission of any alleged act against such child or of their own children that under the law in effect prior to November 1, 1989, would constitute the criminal offense of: (i) Aggravated rape under § 39-2-603 [repealed]; (ii) Rape under § 39-2-604 [repealed]; (iii) Aggravated sexual battery under § 39-2-606 [repealed]; (iv) Sexual battery under § 39-2-607 [repealed]; (v) Assault with intent to commit rape or attempt to commit rape or sexual battery under § 39-2-608 [repealed]; (vi) Crimes against nature under § 39-2-612 [repealed]; (vii) Incest under § 39-4-306 [repealed]; (viii) Begetting child on wife's sister under § 39-4-307 [repealed]; (ix) Use of minor of obscene purposes under § 39-6-1137 [repealed]; or (x) Promotion of performance including sexual conduct by minor under § 39-6-1138 [repealed]; and (D) The grandparents are not implicated in the commission of any alleged act against such child or of their own children that under the law in effect on or after November 1, 1989, would constitute the criminal offense of: (i) Aggravated rape under § 39-13-502 ; (ii) Rape under § 39-13-503 ; (iii) Aggravated sexual battery under § 39-13-504 ; (iv) Sexual battery under § 39-13-505 ; (v) Criminal attempt for any of the offenses in subdivisions (a)(2)(D)(i)-(a)(2)(D)(iv) as provided in § 39-12-101 ; (vi) Incest under § 39-15-302 ; (vii) Sexual exploitation of a minor under § 39-17-1003 ; (viii) Aggravated sexual exploitation of a minor under § 39-17-1004 ; or (ix) Especially aggravated sexual exploitation of a minor under § 39-17-1005 .
(1) (A) If a child is removed from the custody of the child's parents, guardian or legal custodian; and (B) If a child is placed in a licensed foster home, a facility operated by a licensed child care agency, or other home or facility designated or operated by the court, whether such placement is by court order, voluntary placement agreement, surrender of parental rights, or otherwise;
(A) If a child is removed from the custody of the child's parents, guardian or legal custodian; and
(B) If a child is placed in a licensed foster home, a facility operated by a licensed child care agency, or other home or facility designated or operated by the court, whether such placement is by court order, voluntary placement agreement, surrender of parental rights, or otherwise;
(2) Then, the grandparents of such child may be granted reasonable visitation rights to the child during such child's minority by the court of competent jurisdiction upon a finding that: (A) Such visitation rights would be in the best interest of the minor child; (B) The grandparents would adequately protect the child from further abuse or intimidation by the perpetrator or any other family member; (C) The grandparents were not implicated in the commission of any alleged act against such child or of their own children that under the law in effect prior to November 1, 1989, would constitute the criminal offense of: (i) Aggravated rape under § 39-2-603 [repealed]; (ii) Rape under § 39-2-604 [repealed]; (iii) Aggravated sexual battery under § 39-2-606 [repealed]; (iv) Sexual battery under § 39-2-607 [repealed]; (v) Assault with intent to commit rape or attempt to commit rape or sexual battery under § 39-2-608 [repealed]; (vi) Crimes against nature under § 39-2-612 [repealed]; (vii) Incest under § 39-4-306 [repealed]; (viii) Begetting child on wife's sister under § 39-4-307 [repealed]; (ix) Use of minor of obscene purposes under § 39-6-1137 [repealed]; or (x) Promotion of performance including sexual conduct by minor under § 39-6-1138 [repealed]; and (D) The grandparents are not implicated in the commission of any alleged act against such child or of their own children that under the law in effect on or after November 1, 1989, would constitute the criminal offense of: (i) Aggravated rape under § 39-13-502 ; (ii) Rape under § 39-13-503 ; (iii) Aggravated sexual battery under § 39-13-504 ; (iv) Sexual battery under § 39-13-505 ; (v) Criminal attempt for any of the offenses in subdivisions (a)(2)(D)(i)-(a)(2)(D)(iv) as provided in § 39-12-101 ; (vi) Incest under § 39-15-302 ; (vii) Sexual exploitation of a minor under § 39-17-1003 ; (viii) Aggravated sexual exploitation of a minor under § 39-17-1004 ; or (ix) Especially aggravated sexual exploitation of a minor under § 39-17-1005 .
(A) Such visitation rights would be in the best interest of the minor child;
(B) The grandparents would adequately protect the child from further abuse or intimidation by the perpetrator or any other family member;
(C) The grandparents were not implicated in the commission of any alleged act against such child or of their own children that under the law in effect prior to November 1, 1989, would constitute the criminal offense of: (i) Aggravated rape under § 39-2-603 [repealed]; (ii) Rape under § 39-2-604 [repealed]; (iii) Aggravated sexual battery under § 39-2-606 [repealed]; (iv) Sexual battery under § 39-2-607 [repealed]; (v) Assault with intent to commit rape or attempt to commit rape or sexual battery under § 39-2-608 [repealed]; (vi) Crimes against nature under § 39-2-612 [repealed]; (vii) Incest under § 39-4-306 [repealed]; (viii) Begetting child on wife's sister under § 39-4-307 [repealed]; (ix) Use of minor of obscene purposes under § 39-6-1137 [repealed]; or (x) Promotion of performance including sexual conduct by minor under § 39-6-1138 [repealed]; and
(i) Aggravated rape under § 39-2-603 [repealed];
(ii) Rape under § 39-2-604 [repealed];
(iii) Aggravated sexual battery under § 39-2-606 [repealed];
(iv) Sexual battery under § 39-2-607 [repealed];
(v) Assault with intent to commit rape or attempt to commit rape or sexual battery under § 39-2-608 [repealed];
(vi) Crimes against nature under § 39-2-612 [repealed];
(vii) Incest under § 39-4-306 [repealed];
(viii) Begetting child on wife's sister under § 39-4-307 [repealed];
(ix) Use of minor of obscene purposes under § 39-6-1137 [repealed]; or
(x) Promotion of performance including sexual conduct by minor under § 39-6-1138 [repealed]; and
(D) The grandparents are not implicated in the commission of any alleged act against such child or of their own children that under the law in effect on or after November 1, 1989, would constitute the criminal offense of: (i) Aggravated rape under § 39-13-502 ; (ii) Rape under § 39-13-503 ; (iii) Aggravated sexual battery under § 39-13-504 ; (iv) Sexual battery under § 39-13-505 ; (v) Criminal attempt for any of the offenses in subdivisions (a)(2)(D)(i)-(a)(2)(D)(iv) as provided in § 39-12-101 ; (vi) Incest under § 39-15-302 ; (vii) Sexual exploitation of a minor under § 39-17-1003 ; (viii) Aggravated sexual exploitation of a minor under § 39-17-1004 ; or (ix) Especially aggravated sexual exploitation of a minor under § 39-17-1005 .
(i) Aggravated rape under § 39-13-502 ;
(ii) Rape under § 39-13-503 ;
(iii) Aggravated sexual battery under § 39-13-504 ;
(iv) Sexual battery under § 39-13-505 ;
(v) Criminal attempt for any of the offenses in subdivisions (a)(2)(D)(i)-(a)(2)(D)(iv) as provided in § 39-12-101 ;
(vi) Incest under § 39-15-302 ;
(vii) Sexual exploitation of a minor under § 39-17-1003 ;
(viii) Aggravated sexual exploitation of a minor under § 39-17-1004 ; or
(ix) Especially aggravated sexual exploitation of a minor under § 39-17-1005 .
(b) This section shall not apply in any case in which the child has been adopted by any person other than a stepparent or other relative of the child.
Acts 1971, ch. 74, §§ 1, 2; 1975, ch. 330, § 1; T.C.A., §§ 36-1101, 36-1102; Acts 1985, ch. 341, § 1; 1985, ch. 478, § 22; 1995, ch. 428, § 3; T.C.A. § 36-6-301 ; Acts 1997 , ch. 503, § 1; 2000, ch. 981, § 51.
Tenn. Code Ann. § 36-5-2314 — TN Code / Title 36 / Chapter 5 / Section 36-5-2314
Limited immunity of petitioner
Status: in_force

(a) Participation by a petitioner in a proceeding under parts 20-29 of this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. (b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under parts 20-29 of this chapter. (c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under parts 20-29 of this chapter committed by a party while physically present in this state to participate in the proceeding. Acts 2010, ch. 901, § 1.
(a) Participation by a petitioner in a proceeding under parts 20-29 of this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
(b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under parts 20-29 of this chapter.
(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under parts 20-29 of this chapter committed by a party while physically present in this state to participate in the proceeding.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-2202 — TN Code / Title 36 / Chapter 5 / Section 36-5-2202
Duration of personal jurisdiction
Status: in_force

Personal jurisdiction acquired by a tribunal of this state in a proceeding under parts 20-26 of this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by §§ 36-5-2205 , 36-5-2206 and 36-5-2211 . Acts 2010 , ch. 901, § 1.
Personal jurisdiction acquired by a tribunal of this state in a proceeding under parts 20-26 of this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by §§ 36-5-2205 , 36-5-2206 and 36-5-2211 .
Acts 2010 , ch. 901, § 1.
Tenn. Code Ann. § 36-6-239 — TN Code / Title 36 / Chapter 6 / Section 36-6-239
Powers of prosecutors or public officials
Status: in_force

(a) In a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under this part or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child-custody determination if there is: (1) An existing child-custody determination; (2) A request to do so from a court in a pending child-custody proceeding; (3) A reasonable belief that a criminal statute has been violated; or (4) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction. (b) A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party. Acts 1999, ch. 389, § 40.
(a) In a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under this part or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child-custody determination if there is: (1) An existing child-custody determination; (2) A request to do so from a court in a pending child-custody proceeding; (3) A reasonable belief that a criminal statute has been violated; or (4) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(1) An existing child-custody determination;
(2) A request to do so from a court in a pending child-custody proceeding;
(3) A reasonable belief that a criminal statute has been violated; or
(4) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(b) A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party.
Acts 1999, ch. 389, § 40.
Tenn. Code Ann. § 36-1-123 — TN Code / Title 36 / Chapter 1 / Section 36-1-123
Biological parents illegally obtaining custody of a child - Custodial interference - Survival of existing restraining order
Status: in_force

(a) Any biological or prior legal parents or guardian whose rights to a child have been terminated by order of any court under this part or any other title or by the laws of any other state or territory, or foreign country, or by a surrender, parental consent, or waiver of interest, and who shall, otherwise than by legal process, obtain custody of the child shall be in violation of and shall be subject to prosecution pursuant to § 39-13-306 . (b) A restraining order or order of protection that restrains any person from contacting or otherwise interfering with a child and that is entered prior to the finalization of the adoption shall survive the adoption of the child unless such order is expressly set aside by the court that entered the order or the court hearing the adoption. Actions to enforce or modify such order post-adoption may be brought by the adoptive parent in the court that issued the order or in the court that heard the adoption. Amended by 2022 Tenn. Acts, ch. 937, s 7, eff. 7/1/2022. Amended by 2016 Tenn. Acts, ch. 919, s 17, eff. 7/1/2016. Acts 1951, ch. 202, § 32 (Williams, § 9572.46); T.C.A. (orig. ed.), § 36-133; § 36-1-132 ; Acts 1995, ch. 532, § 1.
(a) Any biological or prior legal parents or guardian whose rights to a child have been terminated by order of any court under this part or any other title or by the laws of any other state or territory, or foreign country, or by a surrender, parental consent, or waiver of interest, and who shall, otherwise than by legal process, obtain custody of the child shall be in violation of and shall be subject to prosecution pursuant to § 39-13-306 .
(b) A restraining order or order of protection that restrains any person from contacting or otherwise interfering with a child and that is entered prior to the finalization of the adoption shall survive the adoption of the child unless such order is expressly set aside by the court that entered the order or the court hearing the adoption. Actions to enforce or modify such order post-adoption may be brought by the adoptive parent in the court that issued the order or in the court that heard the adoption.
Amended by 2022 Tenn. Acts, ch. 937, s 7, eff. 7/1/2022.
Amended by 2016 Tenn. Acts, ch. 919, s 17, eff. 7/1/2016.
Acts 1951, ch. 202, § 32 (Williams, § 9572.46); T.C.A. (orig. ed.), § 36-133; § 36-1-132 ; Acts 1995, ch. 532, § 1.
Tenn. Code Ann. § 36-5-2205 — TN Code / Title 36 / Chapter 5 / Section 36-5-2205
Continuing, exclusive jurisdiction to modify child support order
Status: in_force

(a) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and: (1) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or (2) Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order. (b) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if: (1) All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or (2) Its order is not the controlling order. (c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act which modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state. (d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state. (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. Acts 2010, ch. 901, § 1.
(a) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and: (1) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or (2) Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
(1) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(2) Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
(b) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if: (1) All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or (2) Its order is not the controlling order.
(1) All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(2) Its order is not the controlling order.
(c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act which modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-6-701 — TN Code / Title 36 / Chapter 6 / Section 36-6-701
Short title
Status: in_force

This part is known and may be cited as "Abrial's Law, the Keeping Children Safe from Family Violence Act." Added by 2023 Tenn. Acts, ch. 266, s 2, eff. 1/1/2024.
This part is known and may be cited as "Abrial's Law, the Keeping Children Safe from Family Violence Act."
Added by 2023 Tenn. Acts, ch. 266, s 2, eff. 1/1/2024.
Tenn. Code Ann. § 36-1-119 — TN Code / Title 36 / Chapter 1 / Section 36-1-119
Final order of adoption - When entered
Status: in_force

(a) Unless the child is related to the petitioners, a final order of adoption shall not be entered before the home study has been filed with the court and before the petition has been on file at least six (6) months and before a final court report is filed with the court, except when the order is based upon a petition for re-adoption pursuant to § 36-1-106 ; however, the court, considering the petition as a whole, may deem it in the best interest of the child to reduce the waiting period to three (3) months. (b) If the child is related to the petitioners, the court may, in its discretion, waive the six-month waiting period, the orders of reference, the preliminary home study and home study, the order of guardianship or custody, and the final court report and may proceed to immediately grant an order of adoption. (c) (1) If the child has already resided in the home of the petitioners for three (3) months, the court has received the final court report concerning the circumstances of the child and the petitioners, and is satisfied that the adoption will be in the best interest of the child, the court may waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption. (2) If the child was voluntarily left at a facility or in a newborn safety device pursuant to § 68-11-255 , the child has resided in the home of the petitioners for at least three (3) months, and the court has received the final court report concerning the circumstances of the child and the petitioners and is satisfied that the adoption will be in the best interest of the child, then the court may waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption. (d) If no appeal has been taken from any order of the court, the court must complete or dismiss the adoption proceeding by entering a final order within one (1) year of the filing of the petition, unless the petitioner shows good cause why such final order should not be entered. (e) If an appeal is taken from an order of the court, the proceeding must be completed by the court by entering a final order of adoption or a final order dismissing the proceeding within nine (9) months from the final judgment upon appeal, except for good cause shown by the petitioner. Amended by 2023 Tenn. Acts, ch. 293, s 1, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 187, s 8, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 187, s 7, eff. 7/1/2023. Acts 1951, ch. 202, § 21 (Williams, § 9572.35); Acts 1955, ch. 320, § 4; 1959, ch. 223, § 9; 1961, ch. 150, § 5; impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 36-124; Acts 1989, ch. 229, § 1; 1992, ch. 994, § 1; T.C.A., § 36-1-124 ; Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 57; 2006, ch. 890, § 3.
(a) Unless the child is related to the petitioners, a final order of adoption shall not be entered before the home study has been filed with the court and before the petition has been on file at least six (6) months and before a final court report is filed with the court, except when the order is based upon a petition for re-adoption pursuant to § 36-1-106 ; however, the court, considering the petition as a whole, may deem it in the best interest of the child to reduce the waiting period to three (3) months.
(b) If the child is related to the petitioners, the court may, in its discretion, waive the six-month waiting period, the orders of reference, the preliminary home study and home study, the order of guardianship or custody, and the final court report and may proceed to immediately grant an order of adoption.
(c) (1) If the child has already resided in the home of the petitioners for three (3) months, the court has received the final court report concerning the circumstances of the child and the petitioners, and is satisfied that the adoption will be in the best interest of the child, the court may waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption. (2) If the child was voluntarily left at a facility or in a newborn safety device pursuant to § 68-11-255 , the child has resided in the home of the petitioners for at least three (3) months, and the court has received the final court report concerning the circumstances of the child and the petitioners and is satisfied that the adoption will be in the best interest of the child, then the court may waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption.
(1) If the child has already resided in the home of the petitioners for three (3) months, the court has received the final court report concerning the circumstances of the child and the petitioners, and is satisfied that the adoption will be in the best interest of the child, the court may waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption.
(2) If the child was voluntarily left at a facility or in a newborn safety device pursuant to § 68-11-255 , the child has resided in the home of the petitioners for at least three (3) months, and the court has received the final court report concerning the circumstances of the child and the petitioners and is satisfied that the adoption will be in the best interest of the child, then the court may waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption.
(d) If no appeal has been taken from any order of the court, the court must complete or dismiss the adoption proceeding by entering a final order within one (1) year of the filing of the petition, unless the petitioner shows good cause why such final order should not be entered.
(e) If an appeal is taken from an order of the court, the proceeding must be completed by the court by entering a final order of adoption or a final order dismissing the proceeding within nine (9) months from the final judgment upon appeal, except for good cause shown by the petitioner.
Amended by 2023 Tenn. Acts, ch. 293, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 187, s 8, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 187, s 7, eff. 7/1/2023.
Acts 1951, ch. 202, § 21 (Williams, § 9572.35); Acts 1955, ch. 320, § 4; 1959, ch. 223, § 9; 1961, ch. 150, § 5; impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 36-124; Acts 1989, ch. 229, § 1; 1992, ch. 994, § 1; T.C.A., § 36-1-124 ; Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 57; 2006, ch. 890, § 3.
Tenn. Code Ann. § 36-6-509 — TN Code / Title 36 / Chapter 6 / Section 36-6-509
Authorities cooperating with the court
Status: in_force

The various licensing authorities shall cooperate with the court in any manner necessary to effectuate this part, and the court and the various licensing authorities shall enter into any necessary agreements to carry out the purposes of this part. Acts 2000, ch. 971, § 10.
The various licensing authorities shall cooperate with the court in any manner necessary to effectuate this part, and the court and the various licensing authorities shall enter into any necessary agreements to carry out the purposes of this part.
Acts 2000, ch. 971, § 10.
Tenn. Code Ann. § 36-6-241 — TN Code / Title 36 / Chapter 6 / Section 36-6-241
Respondent liability for costs and expenses incurred by prosecutors, public officials and law enforcement officers
Status: in_force

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under § 36-6-239 or § 36-6-240 . Acts 1999, ch. 389, § 42.
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under § 36-6-239 or § 36-6-240 .
Acts 1999, ch. 389, § 42.
Tenn. Code Ann. § 36-5-3104 — TN Code / Title 36 / Chapter 5 / Section 36-5-3104
Effect of registration of order
Status: in_force

(a) A support order issued in another county is registered for enforcement pursuant to this part when the order is filed in the registering court and the requirements of § 36-5-3103(a) are met. (b) A registered order originally issued in another county is enforceable in the same manner and is subject to the same procedures as an order issued by a court of the registering county. (c) Except as otherwise provided in this part, a court of the registering county shall recognize and enforce, but may not modify, a registered order. Acts 1997, ch. 551, § 6.
(a) A support order issued in another county is registered for enforcement pursuant to this part when the order is filed in the registering court and the requirements of § 36-5-3103(a) are met.
(b) A registered order originally issued in another county is enforceable in the same manner and is subject to the same procedures as an order issued by a court of the registering county.
(c) Except as otherwise provided in this part, a court of the registering county shall recognize and enforce, but may not modify, a registered order.
Acts 1997, ch. 551, § 6.
Tenn. Code Ann. § 36-6-220 — TN Code / Title 36 / Chapter 6 / Section 36-6-220
Notice and opportunity to be heard - Joinder and intervention
Status: in_force

(a) Before a child-custody determination is made under this part, notice and an opportunity to be heard in accordance with the standards of § 36-6-211 must be given to all persons entitled to notice under the law of this state as in child-custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child. (b) This part does not govern the enforceability of a child-custody determination made without notice or an opportunity to be heard. (c) The obligation to join a party and the right to intervene as a party in a child-custody proceeding under this part are governed by the law of this state as in child-custody proceedings between residents of this state. Acts 1999, ch. 389, § 21.
(a) Before a child-custody determination is made under this part, notice and an opportunity to be heard in accordance with the standards of § 36-6-211 must be given to all persons entitled to notice under the law of this state as in child-custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.
(b) This part does not govern the enforceability of a child-custody determination made without notice or an opportunity to be heard.
(c) The obligation to join a party and the right to intervene as a party in a child-custody proceeding under this part are governed by the law of this state as in child-custody proceedings between residents of this state.
Acts 1999, ch. 389, § 21.
Tenn. Code Ann. § 36-3-102 — TN Code / Title 36 / Chapter 3 / Section 36-3-102
Second marriage before dissolution of first prohibited - Effect of absence for five years
Status: in_force

A second marriage cannot be contracted before the dissolution of the first. But the first shall be regarded as dissolved, for this purpose, if either party has been absent five (5) years, and is not known to the other to be living. Code 1858, § 2438 (deriv. Acts 1829, ch. 23, § 16); Shan., § 4188; Code 1932, § 8411; T.C.A. (orig. ed.), § 36-404.
A second marriage cannot be contracted before the dissolution of the first. But the first shall be regarded as dissolved, for this purpose, if either party has been absent five (5) years, and is not known to the other to be living.
Code 1858, § 2438 (deriv. Acts 1829, ch. 23, § 16); Shan., § 4188; Code 1932, § 8411; T.C.A. (orig. ed.), § 36-404.
Tenn. Code Ann. § 36-7-107 — TN Code / Title 36 / Chapter 7 / Section 36-7-107
Effect of past or future deployment on best interest considerations
Status: in_force

In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best interest of the child of the parent's past or possible future deployment. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best interest of the child of the parent's past or possible future deployment.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-1-131 — TN Code / Title 36 / Chapter 1 / Section 36-1-131
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 101,s 28, eff. 7/1/2022. Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 88.
Repealed by 2021 Tenn. Acts, ch. 101,s 28, eff. 7/1/2022.
Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 88.
Tenn. Code Ann. § 36-4-131 — TN Code / Title 36 / Chapter 4 / Section 36-4-131
Mediation - Waiver or extension - Domestic abuse - Video conference
Status: in_force

(a) Except as provided in subsections (b), (c) and (d), in any proceeding for divorce or separate maintenance, the court shall order the parties to participate in mediation. (b) The court may waive or extend mediation pursuant to subsection (a) for reasons including, but not limited to: (1) Any factor codified in § 36-6-409(4) ; (2) Either party is unable to afford the cost of the mediation, unless the cost is waived or subsidized by the state or if the cost of mediation would be an unreasonable burden on either or both of the parties; (3) The parties have entered into a written marital dissolution agreement or an agreed order resolving all of the pending issues in the divorce, except as provided in subsection (c); (4) The parties have participated in a settlement conference presided over by the court or a special master; (5) The court finds a substantial likelihood that mediation will result in an impasse; or (6) For other cause found sufficient by the court. (c) If the ground for the divorce is irreconcilable differences and the parties have filed with the court a properly executed marital dissolution agreement, and if there are minor children of the marriage, a properly executed parenting plan, the court shall not require the parties to attend mediation. (d) (1) In any proceeding for divorce or separate support and maintenance, if an order of protection issued in or recognized by this state is in effect or there is a court finding of domestic abuse or any criminal conviction involving domestic abuse within the marriage that is the subject of the proceeding for divorce or separate support and maintenance, the court may order mediation or refer either party to mediation, only if: (A) Mediation is agreed to by the victim of the alleged domestic or family violence; (B) Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and (C) The victim is permitted to have in attendance at mediation a supporting person of the victim's choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a nonattorney advocate for attendance at mediation. (2) Mediation conducted pursuant to subdivision (b)(1) shall be concluded and a report provided to the court no later than one hundred eighty (180) days from the date the complaint for divorce was filed. (e) The court may order mediation between the parties to take place by video conference when appropriate. Amended by 2022 Tenn. Acts, ch. 697, s 1, eff. 7/1/2022. Acts 1997 , ch. 350, § 1; 2007 , ch. 519, § 3; 2008 , ch. 994, § 1.
(a) Except as provided in subsections (b), (c) and (d), in any proceeding for divorce or separate maintenance, the court shall order the parties to participate in mediation.
(b) The court may waive or extend mediation pursuant to subsection (a) for reasons including, but not limited to: (1) Any factor codified in § 36-6-409(4) ; (2) Either party is unable to afford the cost of the mediation, unless the cost is waived or subsidized by the state or if the cost of mediation would be an unreasonable burden on either or both of the parties; (3) The parties have entered into a written marital dissolution agreement or an agreed order resolving all of the pending issues in the divorce, except as provided in subsection (c); (4) The parties have participated in a settlement conference presided over by the court or a special master; (5) The court finds a substantial likelihood that mediation will result in an impasse; or (6) For other cause found sufficient by the court.
(1) Any factor codified in § 36-6-409(4) ;
(2) Either party is unable to afford the cost of the mediation, unless the cost is waived or subsidized by the state or if the cost of mediation would be an unreasonable burden on either or both of the parties;
(3) The parties have entered into a written marital dissolution agreement or an agreed order resolving all of the pending issues in the divorce, except as provided in subsection (c);
(4) The parties have participated in a settlement conference presided over by the court or a special master;
(5) The court finds a substantial likelihood that mediation will result in an impasse; or
(6) For other cause found sufficient by the court.
(c) If the ground for the divorce is irreconcilable differences and the parties have filed with the court a properly executed marital dissolution agreement, and if there are minor children of the marriage, a properly executed parenting plan, the court shall not require the parties to attend mediation.
(d) (1) In any proceeding for divorce or separate support and maintenance, if an order of protection issued in or recognized by this state is in effect or there is a court finding of domestic abuse or any criminal conviction involving domestic abuse within the marriage that is the subject of the proceeding for divorce or separate support and maintenance, the court may order mediation or refer either party to mediation, only if: (A) Mediation is agreed to by the victim of the alleged domestic or family violence; (B) Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and (C) The victim is permitted to have in attendance at mediation a supporting person of the victim's choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a nonattorney advocate for attendance at mediation. (2) Mediation conducted pursuant to subdivision (b)(1) shall be concluded and a report provided to the court no later than one hundred eighty (180) days from the date the complaint for divorce was filed.
(1) In any proceeding for divorce or separate support and maintenance, if an order of protection issued in or recognized by this state is in effect or there is a court finding of domestic abuse or any criminal conviction involving domestic abuse within the marriage that is the subject of the proceeding for divorce or separate support and maintenance, the court may order mediation or refer either party to mediation, only if: (A) Mediation is agreed to by the victim of the alleged domestic or family violence; (B) Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and (C) The victim is permitted to have in attendance at mediation a supporting person of the victim's choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a nonattorney advocate for attendance at mediation.
(A) Mediation is agreed to by the victim of the alleged domestic or family violence;
(B) Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and
(C) The victim is permitted to have in attendance at mediation a supporting person of the victim's choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a nonattorney advocate for attendance at mediation.
(2) Mediation conducted pursuant to subdivision (b)(1) shall be concluded and a report provided to the court no later than one hundred eighty (180) days from the date the complaint for divorce was filed.
(e) The court may order mediation between the parties to take place by video conference when appropriate.
Amended by 2022 Tenn. Acts, ch. 697, s 1, eff. 7/1/2022.
Acts 1997 , ch. 350, § 1; 2007 , ch. 519, § 3; 2008 , ch. 994, § 1.
Tenn. Code Ann. § 36-5-804 — TN Code / Title 36 / Chapter 5 / Section 36-5-804
Administrative orders to direct additional payments to reduce arrearages
Status: in_force

(a) For the purpose of securing overdue support, the commissioner, or the commissioner's duly authorized representatives or the department's Title IV-D contractor, shall have the authority to enter an administrative order to add an amount to the monthly support order which will reduce the arrearage by payment of a reasonable amount toward the reduction of the arrearage over a reasonable period of time. (b) A copy of the administrative order issued pursuant to this section shall be sent to the clerk of the court which issued the original order and the administrative order shall be entered in the court record. Acts 1997, ch. 551, § 11; 1998, ch. 1098, § 28.
(a) For the purpose of securing overdue support, the commissioner, or the commissioner's duly authorized representatives or the department's Title IV-D contractor, shall have the authority to enter an administrative order to add an amount to the monthly support order which will reduce the arrearage by payment of a reasonable amount toward the reduction of the arrearage over a reasonable period of time.
(b) A copy of the administrative order issued pursuant to this section shall be sent to the clerk of the court which issued the original order and the administrative order shall be entered in the court record.
Acts 1997, ch. 551, § 11; 1998, ch. 1098, § 28.
Tenn. Code Ann. § 36-3-101 — TN Code / Title 36 / Chapter 3 / Section 36-3-101
Prohibited degrees of relationship
Status: in_force

Marriage cannot be contracted with a lineal ancestor or descendant, nor the lineal ancestor or descendant of either parent, nor the lineal descendant of a grandparent, nor the lineal descendants of husband or wife, as the case may be, nor the husband or wife of a parent or lineal descendant. Amended by 2024 Tenn. Acts, ch. 806,s 1, eff. 4/29/2024. Code 1858, § 2436 (deriv. Acts 1829, ch. 23, § 18); Shan., § 4185; Code 1932, § 8408; T.C.A. (orig. ed.), § 36-401.
Marriage cannot be contracted with a lineal ancestor or descendant, nor the lineal ancestor or descendant of either parent, nor the lineal descendant of a grandparent, nor the lineal descendants of husband or wife, as the case may be, nor the husband or wife of a parent or lineal descendant.
Amended by 2024 Tenn. Acts, ch. 806,s 1, eff. 4/29/2024.
Code 1858, § 2436 (deriv. Acts 1829, ch. 23, § 18); Shan., § 4185; Code 1932, § 8408; T.C.A. (orig. ed.), § 36-401.
Tenn. Code Ann. § 36-5-401 — TN Code / Title 36 / Chapter 5 / Section 36-5-401
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Child" means a person entitled to support from such person's parents by virtue of such person's minority or who is entitled to support as provided in § 34-1-102(b) ; (2) "Magistrate" means a duly licensed attorney who has been actively engaged in the practice of law for a period of not less than two (2) years appointed by court authority to set and enforce child support, to review the administrative hearing decisions of the department of human services pursuant to § 36-5-1003 and to administer expedited process as set out in this part; (3) "Petitioner" means a person or governmental entity seeking to be awarded or to enforce support for a child, or seeking to modify a previous child support order; (4) "Respondent" means a person from whom child support is sought or a person in opposition to modification of a prior order; and (5) "Support" or "order of support" means child support and support for a spouse or ex-spouse if the obligor is responsible for the support of a child residing with the spouse or ex-spouse. Acts 1985, ch. 477, § 13; 2000, ch. 922, § 10; Acts 2009, ch. 235, § 1.
As used in this part, unless the context otherwise requires:
(1) "Child" means a person entitled to support from such person's parents by virtue of such person's minority or who is entitled to support as provided in § 34-1-102(b) ;
(2) "Magistrate" means a duly licensed attorney who has been actively engaged in the practice of law for a period of not less than two (2) years appointed by court authority to set and enforce child support, to review the administrative hearing decisions of the department of human services pursuant to § 36-5-1003 and to administer expedited process as set out in this part;
(3) "Petitioner" means a person or governmental entity seeking to be awarded or to enforce support for a child, or seeking to modify a previous child support order;
(4) "Respondent" means a person from whom child support is sought or a person in opposition to modification of a prior order; and
(5) "Support" or "order of support" means child support and support for a spouse or ex-spouse if the obligor is responsible for the support of a child residing with the spouse or ex-spouse.
Acts 1985, ch. 477, § 13; 2000, ch. 922, § 10; Acts 2009, ch. 235, § 1.
Tenn. Code Ann. § 36-2-320 — TN Code / Title 36 / Chapter 2 / Section 36-2-320
License revocation requests
Status: in_force

In establishing paternity or enforcing any provision of child support, if the party seeking to establish paternity or to enforce an order of support specifically prays for revocation of a license, or if the court determines on its own motion or on motion of the party seeking to establish paternity or seeking to enforce an order of support that an individual party has failed to comply with a subpoena or a warrant in connection with the establishment of paternity or enforcement of an order of support, the court may invoke the provisions of § 36-5-101(f)(5) . Acts 1997, ch. 551, § 26.
In establishing paternity or enforcing any provision of child support, if the party seeking to establish paternity or to enforce an order of support specifically prays for revocation of a license, or if the court determines on its own motion or on motion of the party seeking to establish paternity or seeking to enforce an order of support that an individual party has failed to comply with a subpoena or a warrant in connection with the establishment of paternity or enforcement of an order of support, the court may invoke the provisions of § 36-5-101(f)(5) .
Acts 1997, ch. 551, § 26.
Tenn. Code Ann. § 36-5-3004 — TN Code / Title 36 / Chapter 5 / Section 36-5-3004
Procedure to transfer case
Status: in_force

A case may be transferred by the clerk of the issuing court following a request by a requesting party sending the request for the transfer to the clerk of the transferor court. The request shall include the following information: (1) (A) A sworn statement by the party or the department seeking transfer that, to the best of the requesting party's or the department's knowledge, neither the child or children, the custodial parent/obligee nor the noncustodial parent/obligor resides in the transferor county, and that the child or children currently reside in the transferee county and the child or children have resided in the transferee county for at least six (6) months; or (B) That the noncustodial parent/obligor resides in the county to which the case is to be transferred and that the custodial parent/obligee and the child or children reside outside this state: (i) And the requesting party seeks an immediate transfer of the case without the six-month residency period if the custodial parent/obligee does not object; or (ii) That the child or children and the custodial parent/obligee have resided outside this state for at least six (6) months; (2) The issuing court's docket number of the case to be transferred; (3) The name of the other party and, if known, the other party's address and social security number; (4) The name of the court and address of the clerk of the court to whom the case is to be transferred; (5) The name and address, if known, of the employer of the obligor if the order has been or may be subject to an income assignment; (6) That the request for transfer can be contested by the nonrequesting party within fifteen (15) days of the date the notice was mailed by filing a motion for review of the request in the transferor court; (7) Certification by the requesting party or the department that a copy of the request with the information in subdivisions (1)-(6) has been mailed to the nonrequesting party; and (8) A copy of a notice, with the address of the nonrequesting party, to be sent by the clerk of the transferor court or the department in Title IV-D child support cases to the nonrequesting party in the event that the case is transferred, which states that the case has been transferred and that all child support payments of the obligor are to be sent, as appropriate, to the clerk of the transferee court or to the department of human services, as the case may be. Amended by 2016 Tenn. Acts, ch. 668,s 2, eff. 7/1/2016. Acts 1997, ch. 551, § 5; 1998, ch. 1098, § 51; 2000, ch. 922, §§ 32, 33.
A case may be transferred by the clerk of the issuing court following a request by a requesting party sending the request for the transfer to the clerk of the transferor court. The request shall include the following information:
(1) (A) A sworn statement by the party or the department seeking transfer that, to the best of the requesting party's or the department's knowledge, neither the child or children, the custodial parent/obligee nor the noncustodial parent/obligor resides in the transferor county, and that the child or children currently reside in the transferee county and the child or children have resided in the transferee county for at least six (6) months; or (B) That the noncustodial parent/obligor resides in the county to which the case is to be transferred and that the custodial parent/obligee and the child or children reside outside this state: (i) And the requesting party seeks an immediate transfer of the case without the six-month residency period if the custodial parent/obligee does not object; or (ii) That the child or children and the custodial parent/obligee have resided outside this state for at least six (6) months;
(A) A sworn statement by the party or the department seeking transfer that, to the best of the requesting party's or the department's knowledge, neither the child or children, the custodial parent/obligee nor the noncustodial parent/obligor resides in the transferor county, and that the child or children currently reside in the transferee county and the child or children have resided in the transferee county for at least six (6) months; or
(B) That the noncustodial parent/obligor resides in the county to which the case is to be transferred and that the custodial parent/obligee and the child or children reside outside this state: (i) And the requesting party seeks an immediate transfer of the case without the six-month residency period if the custodial parent/obligee does not object; or (ii) That the child or children and the custodial parent/obligee have resided outside this state for at least six (6) months;
(i) And the requesting party seeks an immediate transfer of the case without the six-month residency period if the custodial parent/obligee does not object; or
(ii) That the child or children and the custodial parent/obligee have resided outside this state for at least six (6) months;
(2) The issuing court's docket number of the case to be transferred;
(3) The name of the other party and, if known, the other party's address and social security number;
(4) The name of the court and address of the clerk of the court to whom the case is to be transferred;
(5) The name and address, if known, of the employer of the obligor if the order has been or may be subject to an income assignment;
(6) That the request for transfer can be contested by the nonrequesting party within fifteen (15) days of the date the notice was mailed by filing a motion for review of the request in the transferor court;
(7) Certification by the requesting party or the department that a copy of the request with the information in subdivisions (1)-(6) has been mailed to the nonrequesting party; and
(8) A copy of a notice, with the address of the nonrequesting party, to be sent by the clerk of the transferor court or the department in Title IV-D child support cases to the nonrequesting party in the event that the case is transferred, which states that the case has been transferred and that all child support payments of the obligor are to be sent, as appropriate, to the clerk of the transferee court or to the department of human services, as the case may be.
Amended by 2016 Tenn. Acts, ch. 668,s 2, eff. 7/1/2016.
Acts 1997, ch. 551, § 5; 1998, ch. 1098, § 51; 2000, ch. 922, §§ 32, 33.
Tenn. Code Ann. § 36-6-210 — TN Code / Title 36 / Chapter 6 / Section 36-6-210
Priority of jurisdictional question in proceedings
Status: in_force

If a question of existence or exercise of jurisdiction under this part is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. Acts 1999, ch. 389, § 11.
If a question of existence or exercise of jurisdiction under this part is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
Acts 1999, ch. 389, § 11.
Tenn. Code Ann. § 36-1-301 — TN Code / Title 36 / Chapter 1 / Section 36-1-301
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 101, s 28, eff. 7/1/2022. Acts 1998, ch. 1022, § 1.
Repealed by 2021 Tenn. Acts, ch. 101, s 28, eff. 7/1/2022.
Acts 1998, ch. 1022, § 1.
Tenn. Code Ann. § 36-1-103 — TN Code / Title 36 / Chapter 1 / Section 36-1-103
Prior adoptions and terminations of parental rights involving minors and prior adoptions of adults ratified
Status: in_force

(a) All proceedings for the adoption of children in the courts of this state, including any proceedings that terminated parental or guardianship rights, are hereby validated and confirmed and the orders and judgments entered therein prior to January 1, 1996, are declared to be binding upon all parties to the proceedings and such parties' privies and all other persons, until such orders or judgments shall be vacated as provided by law; provided, that this section does not apply to adoption proceedings or terminations of parental rights proceedings actually pending on January 1, 1996, in which the validity of a prior adoption or termination of parental rights proceeding is at issue. (b) Adoptions and terminations of parental rights pending on January 1, 1996, and surrenders and consents executed prior to January 1, 1996, shall be governed by prior existing law. (c) All adoptions of persons who are adults as of January 1, 1996, that were completed before January 1, 1996, in the courts of this state, pursuant to the then-existing provisions of this part, are hereby in all things ratified and confirmed. (d) Notwithstanding any law to the contrary, surrenders taken and adoptions filed on or after January 1, 1996, and before October 1, 1996, which complied with the prior adoption law that was in effect on December 31, 1995, are in all things ratified and confirmed and shall be valid and lawful; provided, that this section does not apply to adoption proceedings or terminations of parental rights proceedings actually pending on January 1, 1996, in which the validity of a prior adoption or termination of parental rights proceeding is at issue. It is the intent of the general assembly to prevent any declaration of invalidity of any surrenders or adoptions taken or filed on or after January 1, 1996, and before October 1, 1996, for failure to properly comply with the provisions of chapter 532 of the Public Acts of 1995, which took effect on January 1, 1996, and which amended prior adoption law and procedures. This section is remedial legislation and shall have retrospective effect in order to promote the public welfare and to preserve the permanency of adoptive placements for children. Acts 1965, ch. 152, § 1; T.C.A., § 36-138; Acts 1978, ch. 704, § 2; T.C.A., § 36-139; § 36-1-138 ; Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 105.
(a) All proceedings for the adoption of children in the courts of this state, including any proceedings that terminated parental or guardianship rights, are hereby validated and confirmed and the orders and judgments entered therein prior to January 1, 1996, are declared to be binding upon all parties to the proceedings and such parties' privies and all other persons, until such orders or judgments shall be vacated as provided by law; provided, that this section does not apply to adoption proceedings or terminations of parental rights proceedings actually pending on January 1, 1996, in which the validity of a prior adoption or termination of parental rights proceeding is at issue.
(b) Adoptions and terminations of parental rights pending on January 1, 1996, and surrenders and consents executed prior to January 1, 1996, shall be governed by prior existing law.
(c) All adoptions of persons who are adults as of January 1, 1996, that were completed before January 1, 1996, in the courts of this state, pursuant to the then-existing provisions of this part, are hereby in all things ratified and confirmed.
(d) Notwithstanding any law to the contrary, surrenders taken and adoptions filed on or after January 1, 1996, and before October 1, 1996, which complied with the prior adoption law that was in effect on December 31, 1995, are in all things ratified and confirmed and shall be valid and lawful; provided, that this section does not apply to adoption proceedings or terminations of parental rights proceedings actually pending on January 1, 1996, in which the validity of a prior adoption or termination of parental rights proceeding is at issue. It is the intent of the general assembly to prevent any declaration of invalidity of any surrenders or adoptions taken or filed on or after January 1, 1996, and before October 1, 1996, for failure to properly comply with the provisions of chapter 532 of the Public Acts of 1995, which took effect on January 1, 1996, and which amended prior adoption law and procedures. This section is remedial legislation and shall have retrospective effect in order to promote the public welfare and to preserve the permanency of adoptive placements for children.
Acts 1965, ch. 152, § 1; T.C.A., § 36-138; Acts 1978, ch. 704, § 2; T.C.A., § 36-139; § 36-1-138 ; Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 105.
Tenn. Code Ann. § 36-5-503 — TN Code / Title 36 / Chapter 5 / Section 36-5-503
Termination of income assignment
Status: in_force

(a) The following procedures shall apply to termination of income assignment: (1) Any party or its agents or assignees may seek termination of an order under this section if there are no arrearages owed by the obligor to the obligee parent, any guardian or custodian of the child, the department of human services or any other agency of the state, or any other Title IV-D agency of any state, the costs of court have been paid, and there are no longer any children to whom the obligor parent is obligated to pay support because: (A) Of the marriage of the child or children; (B) Of the death of the child or children; (C) The child or children have reached majority and have graduated from high school, or the class of which the child is a member when the child attains eighteen (18) years of age graduates, whichever occurs later, and no other special circumstances requiring the obligation continue to exist; (2) If there are children to whom the obligor is still obligated to pay support, though a change of circumstances has occurred as a result of the discontinuation of the obligation to at least one (1) child, the obligor may not seek termination of the income assignment order, but must seek modification of the support order. Upon obtaining modification of the support order, the clerk of court or the department or its contractors shall issue a modified income assignment; (3) Parties seeking a change of custody, pursuant to § 36-6-101 , may not seek termination under this provision but must request termination by the trial court if there is a change in custody ordered; (4) The clerk of the court or the department of human services or its contractor in Title IV-D cases shall send the order and notice of termination of income assignment to the obligor parent, obligee parent, and employer, person, corporation, or institution upon the decision to terminate or not to terminate; and (5) (A) In Title IV-D cases, when the department of human services or its contractor is informed or otherwise determines that the conditions of subdivision (a)(1) have been met, then the department or its contractor shall administratively terminate or modify the income assignment order to reflect the change in circumstances pursuant to the child support guidelines in accordance with this section. In all other circumstances, modification or termination of an income assignment shall be obtained by court order; (B) In cases where an income assignment order may be terminated or modified by administrative order, the department or its contractor shall notify both the obligor, or other payer, and the obligee of the proposed action with respect to the termination or modification action. The notice shall give both the obligor and the obligee fifteen (15) days in which to appeal the proposed action, pursuant to the appeal provisions of part 10 of this chapter. (b) Each parent or other individual having custody of a child who is receiving support payments under an income assignment order shall notify the clerk, or the department of human services or its contractor in Title IV-D cases, at such time as any of the following occur: (1) A child for whom support is being paid dies; (2) A child for whom support is being paid marries; (3) A child for whom support is being paid reaches such child's eighteenth birthday if the child is not in high school on that date; or (4) A child for whom support is being paid graduates from high school, or the class of which the child is a member graduates if the child does not graduate with the class, if the child is eighteen (18) years of age prior to the date such child graduates. (c) (1) The obligor parent may also seek termination or modification of a support order when the whereabouts of the obligee parent and child or children are unknown and the clerk of the court, or the department of human services or its contractor in Title IV-D cases, has been unable to forward past payments, and all arrearages owed to the state as a result of the custodian's receipt of public assistance have been paid. (2) The obligor parent may either file a motion for termination or seek modification of the child support order when support payments equal to the amount due within one (1) month have been returned to the office of the clerk, or to the department or its contractor in Title IV-D cases, and all reasonable means to locate the obligee parent and child or children have been exhausted. The clerk of the court, or the department or its contractor in Title IV-D cases, shall notify the obligor parent that such payments have been returned to the clerk, or to the department or its contractor in Title IV-D cases. The obligor parent must submit an affidavit verifying that such obligor parent has exhausted reasonable efforts to locate the obligee parent and child or children. (d) When a motion to terminate is filed, the clerk of the court shall proceed to set a hearing and serve the parties as provided in § 36-5-405 . Upon receipt of a notice from the custodial parent or individual in accordance with subsection (b), or based upon the department's own records, the clerk or the department or its contractor in Title IV-D cases shall determine whether the income assignment order includes support for any other child or children and whether there are any accumulated arrearages due that have not been satisfied. If there are no other children and no arrearages, the clerk, or the department or its contractor in Title IV-D cases, after notification to the parties, shall notify the employer, person, corporation or institution withholding support that the income assignment is terminated. If there are other children and/or accumulated arrearages, the clerk or the department or its contractor in Title IV-D cases, after notification to the parties, shall send a new notice to the employer, person, corporation or institution withholding support specifying the correct amount to be withheld as a result of the change in circumstances. (e) If the obligor parent wishes to file a motion for termination or to seek modification of the support order, such obligor parent must complete and file an affidavit affirming that such obligor parent has contacted a reasonable number of relatives and friends of the obligee parent and all lack any knowledge regarding the whereabouts of the obligee parent and child or children, and that such obligor parent has made other reasonable efforts to locate the obligee parent and child or children including: (1) Mailing a letter to the obligee parent's last known address requesting a new mailing address; (2) Checking the telephone directory and directory assistance for a listing of the obligee parent; (3) Contacting the obligee parent's last attorney of record and inquiring as to whether the attorney can provide a current address; (4) Contacting the obligee parent's last known place of employment (if known) and inquiring as to whether a current address may be provided by the employer; and (5) Contacting the department of human services and inquiring if its records contain a current address of the obligee parent. Acts 1985, ch. 477, § 14; 1994, ch. 987, § 14; 2000, ch. 922, §§ 17 - 21; 2004, ch. 906, §§ 2, 3.
(a) The following procedures shall apply to termination of income assignment: (1) Any party or its agents or assignees may seek termination of an order under this section if there are no arrearages owed by the obligor to the obligee parent, any guardian or custodian of the child, the department of human services or any other agency of the state, or any other Title IV-D agency of any state, the costs of court have been paid, and there are no longer any children to whom the obligor parent is obligated to pay support because: (A) Of the marriage of the child or children; (B) Of the death of the child or children; (C) The child or children have reached majority and have graduated from high school, or the class of which the child is a member when the child attains eighteen (18) years of age graduates, whichever occurs later, and no other special circumstances requiring the obligation continue to exist; (2) If there are children to whom the obligor is still obligated to pay support, though a change of circumstances has occurred as a result of the discontinuation of the obligation to at least one (1) child, the obligor may not seek termination of the income assignment order, but must seek modification of the support order. Upon obtaining modification of the support order, the clerk of court or the department or its contractors shall issue a modified income assignment; (3) Parties seeking a change of custody, pursuant to § 36-6-101 , may not seek termination under this provision but must request termination by the trial court if there is a change in custody ordered; (4) The clerk of the court or the department of human services or its contractor in Title IV-D cases shall send the order and notice of termination of income assignment to the obligor parent, obligee parent, and employer, person, corporation, or institution upon the decision to terminate or not to terminate; and (5) (A) In Title IV-D cases, when the department of human services or its contractor is informed or otherwise determines that the conditions of subdivision (a)(1) have been met, then the department or its contractor shall administratively terminate or modify the income assignment order to reflect the change in circumstances pursuant to the child support guidelines in accordance with this section. In all other circumstances, modification or termination of an income assignment shall be obtained by court order; (B) In cases where an income assignment order may be terminated or modified by administrative order, the department or its contractor shall notify both the obligor, or other payer, and the obligee of the proposed action with respect to the termination or modification action. The notice shall give both the obligor and the obligee fifteen (15) days in which to appeal the proposed action, pursuant to the appeal provisions of part 10 of this chapter.
(1) Any party or its agents or assignees may seek termination of an order under this section if there are no arrearages owed by the obligor to the obligee parent, any guardian or custodian of the child, the department of human services or any other agency of the state, or any other Title IV-D agency of any state, the costs of court have been paid, and there are no longer any children to whom the obligor parent is obligated to pay support because: (A) Of the marriage of the child or children; (B) Of the death of the child or children; (C) The child or children have reached majority and have graduated from high school, or the class of which the child is a member when the child attains eighteen (18) years of age graduates, whichever occurs later, and no other special circumstances requiring the obligation continue to exist;
(A) Of the marriage of the child or children;
(B) Of the death of the child or children;
(C) The child or children have reached majority and have graduated from high school, or the class of which the child is a member when the child attains eighteen (18) years of age graduates, whichever occurs later, and no other special circumstances requiring the obligation continue to exist;
(2) If there are children to whom the obligor is still obligated to pay support, though a change of circumstances has occurred as a result of the discontinuation of the obligation to at least one (1) child, the obligor may not seek termination of the income assignment order, but must seek modification of the support order. Upon obtaining modification of the support order, the clerk of court or the department or its contractors shall issue a modified income assignment;
(3) Parties seeking a change of custody, pursuant to § 36-6-101 , may not seek termination under this provision but must request termination by the trial court if there is a change in custody ordered;
(4) The clerk of the court or the department of human services or its contractor in Title IV-D cases shall send the order and notice of termination of income assignment to the obligor parent, obligee parent, and employer, person, corporation, or institution upon the decision to terminate or not to terminate; and
(5) (A) In Title IV-D cases, when the department of human services or its contractor is informed or otherwise determines that the conditions of subdivision (a)(1) have been met, then the department or its contractor shall administratively terminate or modify the income assignment order to reflect the change in circumstances pursuant to the child support guidelines in accordance with this section. In all other circumstances, modification or termination of an income assignment shall be obtained by court order; (B) In cases where an income assignment order may be terminated or modified by administrative order, the department or its contractor shall notify both the obligor, or other payer, and the obligee of the proposed action with respect to the termination or modification action. The notice shall give both the obligor and the obligee fifteen (15) days in which to appeal the proposed action, pursuant to the appeal provisions of part 10 of this chapter.
(A) In Title IV-D cases, when the department of human services or its contractor is informed or otherwise determines that the conditions of subdivision (a)(1) have been met, then the department or its contractor shall administratively terminate or modify the income assignment order to reflect the change in circumstances pursuant to the child support guidelines in accordance with this section. In all other circumstances, modification or termination of an income assignment shall be obtained by court order;
(B) In cases where an income assignment order may be terminated or modified by administrative order, the department or its contractor shall notify both the obligor, or other payer, and the obligee of the proposed action with respect to the termination or modification action. The notice shall give both the obligor and the obligee fifteen (15) days in which to appeal the proposed action, pursuant to the appeal provisions of part 10 of this chapter.
(b) Each parent or other individual having custody of a child who is receiving support payments under an income assignment order shall notify the clerk, or the department of human services or its contractor in Title IV-D cases, at such time as any of the following occur: (1) A child for whom support is being paid dies; (2) A child for whom support is being paid marries; (3) A child for whom support is being paid reaches such child's eighteenth birthday if the child is not in high school on that date; or (4) A child for whom support is being paid graduates from high school, or the class of which the child is a member graduates if the child does not graduate with the class, if the child is eighteen (18) years of age prior to the date such child graduates.
(1) A child for whom support is being paid dies;
(2) A child for whom support is being paid marries;
(3) A child for whom support is being paid reaches such child's eighteenth birthday if the child is not in high school on that date; or
(4) A child for whom support is being paid graduates from high school, or the class of which the child is a member graduates if the child does not graduate with the class, if the child is eighteen (18) years of age prior to the date such child graduates.
(c) (1) The obligor parent may also seek termination or modification of a support order when the whereabouts of the obligee parent and child or children are unknown and the clerk of the court, or the department of human services or its contractor in Title IV-D cases, has been unable to forward past payments, and all arrearages owed to the state as a result of the custodian's receipt of public assistance have been paid. (2) The obligor parent may either file a motion for termination or seek modification of the child support order when support payments equal to the amount due within one (1) month have been returned to the office of the clerk, or to the department or its contractor in Title IV-D cases, and all reasonable means to locate the obligee parent and child or children have been exhausted. The clerk of the court, or the department or its contractor in Title IV-D cases, shall notify the obligor parent that such payments have been returned to the clerk, or to the department or its contractor in Title IV-D cases. The obligor parent must submit an affidavit verifying that such obligor parent has exhausted reasonable efforts to locate the obligee parent and child or children.
(1) The obligor parent may also seek termination or modification of a support order when the whereabouts of the obligee parent and child or children are unknown and the clerk of the court, or the department of human services or its contractor in Title IV-D cases, has been unable to forward past payments, and all arrearages owed to the state as a result of the custodian's receipt of public assistance have been paid.
(2) The obligor parent may either file a motion for termination or seek modification of the child support order when support payments equal to the amount due within one (1) month have been returned to the office of the clerk, or to the department or its contractor in Title IV-D cases, and all reasonable means to locate the obligee parent and child or children have been exhausted. The clerk of the court, or the department or its contractor in Title IV-D cases, shall notify the obligor parent that such payments have been returned to the clerk, or to the department or its contractor in Title IV-D cases. The obligor parent must submit an affidavit verifying that such obligor parent has exhausted reasonable efforts to locate the obligee parent and child or children.
(d) When a motion to terminate is filed, the clerk of the court shall proceed to set a hearing and serve the parties as provided in § 36-5-405 . Upon receipt of a notice from the custodial parent or individual in accordance with subsection (b), or based upon the department's own records, the clerk or the department or its contractor in Title IV-D cases shall determine whether the income assignment order includes support for any other child or children and whether there are any accumulated arrearages due that have not been satisfied. If there are no other children and no arrearages, the clerk, or the department or its contractor in Title IV-D cases, after notification to the parties, shall notify the employer, person, corporation or institution withholding support that the income assignment is terminated. If there are other children and/or accumulated arrearages, the clerk or the department or its contractor in Title IV-D cases, after notification to the parties, shall send a new notice to the employer, person, corporation or institution withholding support specifying the correct amount to be withheld as a result of the change in circumstances.
(e) If the obligor parent wishes to file a motion for termination or to seek modification of the support order, such obligor parent must complete and file an affidavit affirming that such obligor parent has contacted a reasonable number of relatives and friends of the obligee parent and all lack any knowledge regarding the whereabouts of the obligee parent and child or children, and that such obligor parent has made other reasonable efforts to locate the obligee parent and child or children including: (1) Mailing a letter to the obligee parent's last known address requesting a new mailing address; (2) Checking the telephone directory and directory assistance for a listing of the obligee parent; (3) Contacting the obligee parent's last attorney of record and inquiring as to whether the attorney can provide a current address; (4) Contacting the obligee parent's last known place of employment (if known) and inquiring as to whether a current address may be provided by the employer; and (5) Contacting the department of human services and inquiring if its records contain a current address of the obligee parent.
(1) Mailing a letter to the obligee parent's last known address requesting a new mailing address;
(2) Checking the telephone directory and directory assistance for a listing of the obligee parent;
(3) Contacting the obligee parent's last attorney of record and inquiring as to whether the attorney can provide a current address;
(4) Contacting the obligee parent's last known place of employment (if known) and inquiring as to whether a current address may be provided by the employer; and
(5) Contacting the department of human services and inquiring if its records contain a current address of the obligee parent.
Acts 1985, ch. 477, § 14; 1994, ch. 987, § 14; 2000, ch. 922, §§ 17 - 21; 2004, ch. 906, §§ 2, 3.
Tenn. Code Ann. § 36-5-2310 — TN Code / Title 36 / Chapter 5 / Section 36-5-2310
Duties of the department of human services
Status: in_force

(a) The department of human services is the state information agency under parts 20-29 of this chapter. (b) The state information agency shall: (1) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under parts 20-29 of this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state; (2) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states; (3) Forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under parts 20-29 of this chapter received from another state or a foreign country; and (4) Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security. Acts 2010, ch. 901, § 1.
(a) The department of human services is the state information agency under parts 20-29 of this chapter.
(b) The state information agency shall: (1) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under parts 20-29 of this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state; (2) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states; (3) Forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under parts 20-29 of this chapter received from another state or a foreign country; and (4) Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security.
(1) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under parts 20-29 of this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;
(2) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;
(3) Forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under parts 20-29 of this chapter received from another state or a foreign country; and
(4) Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-6-203 — TN Code / Title 36 / Chapter 6 / Section 36-6-203
Evidentiary use of official comments
Status: in_force

In any dispute as to the proper construction of one (1) or more sections of this part, the official comments pertaining to the corresponding sections of the Uniform Child Custody Jurisdiction and Enforcement Act, Official Text, as adopted by the Uniform Law Commission as in effect on June 14, 1999, shall constitute evidence of the purposes and policies underlying such sections, unless: (1) The sections of this part that are applicable to the dispute differ materially from the sections of the Official Text that would be applicable thereto; or (2) The Official Comments are inconsistent with the plain meaning of the applicable sections of this part. Amended by 2024 Tenn. Acts, ch. 494,s 8, eff. 2/21/2024. Acts 1999, ch. 389, § 4.
In any dispute as to the proper construction of one (1) or more sections of this part, the official comments pertaining to the corresponding sections of the Uniform Child Custody Jurisdiction and Enforcement Act, Official Text, as adopted by the Uniform Law Commission as in effect on June 14, 1999, shall constitute evidence of the purposes and policies underlying such sections, unless:
(1) The sections of this part that are applicable to the dispute differ materially from the sections of the Official Text that would be applicable thereto; or
(2) The Official Comments are inconsistent with the plain meaning of the applicable sections of this part.
Amended by 2024 Tenn. Acts, ch. 494,s 8, eff. 2/21/2024.
Acts 1999, ch. 389, § 4.
Tenn. Code Ann. § 36-5-2312 — TN Code / Title 36 / Chapter 5 / Section 36-5-2312
Nondisclosure of information in exceptional circumstances
Status: in_force

If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice. Acts 2010, ch. 901, § 1.
If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-6-219 — TN Code / Title 36 / Chapter 6 / Section 36-6-219
Temporary emergency jurisdiction - Order enforcement - Communication with foreign courts
Status: in_force

(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse. (b) If there is no previous child custody determination that is entitled to be enforced under this part and a child custody proceeding has not been commenced in a court of a state having jurisdiction under §§ 36-6-216 - 36-6-218, a child-custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under §§ 36-6-216 - 36-6-218. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under §§ 36-6-216 - 36-6-218, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child. (c) If there is a previous child custody determination that is entitled to be enforced under this part, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under §§ 36-6-216 - 36-6-218, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under §§ 36-6-216 - 36-6-218. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires. (d) A court of this state which has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a state having jurisdiction under §§ 36-6-216 - 36-6-218, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to §§ 36-6-216 - 36-6-218, upon being informed that a child custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. Acts 1999, ch. 389, § 20.
(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(b) If there is no previous child custody determination that is entitled to be enforced under this part and a child custody proceeding has not been commenced in a court of a state having jurisdiction under §§ 36-6-216 - 36-6-218, a child-custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under §§ 36-6-216 - 36-6-218. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under §§ 36-6-216 - 36-6-218, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.
(c) If there is a previous child custody determination that is entitled to be enforced under this part, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under §§ 36-6-216 - 36-6-218, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under §§ 36-6-216 - 36-6-218. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
(d) A court of this state which has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a state having jurisdiction under §§ 36-6-216 - 36-6-218, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to §§ 36-6-216 - 36-6-218, upon being informed that a child custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
Acts 1999, ch. 389, § 20.
Tenn. Code Ann. § 36-1-144 — TN Code / Title 36 / Chapter 1 / Section 36-1-144
Categories of information to be provided to adoptive family
Status: in_force

(a) To provide full disclosure about a child to be adopted from the department's guardianship, the department shall provide to the adoptive family the following categories of information, to the extent that they are available: (1) Historical and current health information; (2) Historical and current educational information; (3) Historical and current mental and behavioral health information; (4) Nationality, ethnic background, race, and religious preference; (5) Other information required for the adoptive family to evaluate its ability to provide appropriate care for the child, including daily routine, social and emotional well-being, and personality; (6) Relevant information about the child's experience in foster care and reasons for coming into care; (7) Pertinent prenatal and birth information, including birth date, time of birth, weight, and other physical characteristics at birth; and (8) A general physical description, including height, weight, hair color, eye color, and any other information related to the child's physical appearance. (b) The department shall also provide the following categories of nonidentifying information about the child's biological or legal family, to the extent that they are available: (1) Historical and current health information; (2) Historical and current educational and occupational information; (3) Historical and current mental and behavioral health information; (4) Nationality, ethnic background, race, and religious preference; and (5) A general physical description, including height, weight, hair color, eye color, and any other information related to the physical appearance of the child's biological or legal family. (c) Nothing in this section shall be construed to authorize or require the release of information that may lead to the discovery of the identity or location of the biological or legal relatives of the child to be adopted. Added by 2015 Tenn. Acts, ch. 199,s 2, eff. 7/1/2015.
(a) To provide full disclosure about a child to be adopted from the department's guardianship, the department shall provide to the adoptive family the following categories of information, to the extent that they are available: (1) Historical and current health information; (2) Historical and current educational information; (3) Historical and current mental and behavioral health information; (4) Nationality, ethnic background, race, and religious preference; (5) Other information required for the adoptive family to evaluate its ability to provide appropriate care for the child, including daily routine, social and emotional well-being, and personality; (6) Relevant information about the child's experience in foster care and reasons for coming into care; (7) Pertinent prenatal and birth information, including birth date, time of birth, weight, and other physical characteristics at birth; and (8) A general physical description, including height, weight, hair color, eye color, and any other information related to the child's physical appearance.
(1) Historical and current health information;
(2) Historical and current educational information;
(3) Historical and current mental and behavioral health information;
(4) Nationality, ethnic background, race, and religious preference;
(5) Other information required for the adoptive family to evaluate its ability to provide appropriate care for the child, including daily routine, social and emotional well-being, and personality;
(6) Relevant information about the child's experience in foster care and reasons for coming into care;
(7) Pertinent prenatal and birth information, including birth date, time of birth, weight, and other physical characteristics at birth; and
(8) A general physical description, including height, weight, hair color, eye color, and any other information related to the child's physical appearance.
(b) The department shall also provide the following categories of nonidentifying information about the child's biological or legal family, to the extent that they are available: (1) Historical and current health information; (2) Historical and current educational and occupational information; (3) Historical and current mental and behavioral health information; (4) Nationality, ethnic background, race, and religious preference; and (5) A general physical description, including height, weight, hair color, eye color, and any other information related to the physical appearance of the child's biological or legal family.
(1) Historical and current health information;
(2) Historical and current educational and occupational information;
(3) Historical and current mental and behavioral health information;
(4) Nationality, ethnic background, race, and religious preference; and
(5) A general physical description, including height, weight, hair color, eye color, and any other information related to the physical appearance of the child's biological or legal family.
(c) Nothing in this section shall be construed to authorize or require the release of information that may lead to the discovery of the identity or location of the biological or legal relatives of the child to be adopted.
Added by 2015 Tenn. Acts, ch. 199,s 2, eff. 7/1/2015.
Tenn. Code Ann. § 36-3-103 — TN Code / Title 36 / Chapter 3 / Section 36-3-103
License required - County of issuance
Status: in_force

(a) Before being joined in marriage, the parties shall present to the minister or officer a license under the hand of a county clerk in this state, directed to such minister or officer, authorizing the solemnization of a marriage between the parties. Such license shall be valid for thirty (30) days from its issuance by the clerk. (b) All existing marriages that occurred before March 24, 1986, are validated if a marriage certificate was signed by the county clerk either from a county in which the female did not reside or from a county where the marriage was not solemnized. (c) (1) The county clerk issuing a marriage license is hereby authorized to record and certify any license used to solemnize a marriage that is properly signed by the officiant when such license is returned to the issuing county clerk. The issuing county clerk shall forward the record to the office of vital records to be filed and registered with such office. If a license issued by a county clerk in Tennessee is used to solemnize a marriage outside Tennessee, such marriage and parties, their property and their children shall have the same status as if the marriage were solemnized in this state. A county clerk is prohibited from issuing a license for a marriage that is prohibited in this state. (2) All existing marriages occurring prior to May 2, 1989, by the authority of a Tennessee license, properly signed and certified by the officiant, are validated and the issuing clerk is authorized to record such license when it is returned to the issuing county clerk and to forward the record to the office of vital records to be filed and registered with such office. Code 1858, § 2441 (deriv. Acts 1778, ch. 7, §§ 2, 3); Shan., § 4191; Code 1932, § 8414; Acts 1976, ch. 539; § 1; T.C.A. (orig. ed.), § 36-405; Acts 1986, ch. 582, §§ 1, 2; 1989, ch. 224, § 1; 1996, ch. 1031, § 2.
(a) Before being joined in marriage, the parties shall present to the minister or officer a license under the hand of a county clerk in this state, directed to such minister or officer, authorizing the solemnization of a marriage between the parties. Such license shall be valid for thirty (30) days from its issuance by the clerk.
(b) All existing marriages that occurred before March 24, 1986, are validated if a marriage certificate was signed by the county clerk either from a county in which the female did not reside or from a county where the marriage was not solemnized.
(c) (1) The county clerk issuing a marriage license is hereby authorized to record and certify any license used to solemnize a marriage that is properly signed by the officiant when such license is returned to the issuing county clerk. The issuing county clerk shall forward the record to the office of vital records to be filed and registered with such office. If a license issued by a county clerk in Tennessee is used to solemnize a marriage outside Tennessee, such marriage and parties, their property and their children shall have the same status as if the marriage were solemnized in this state. A county clerk is prohibited from issuing a license for a marriage that is prohibited in this state. (2) All existing marriages occurring prior to May 2, 1989, by the authority of a Tennessee license, properly signed and certified by the officiant, are validated and the issuing clerk is authorized to record such license when it is returned to the issuing county clerk and to forward the record to the office of vital records to be filed and registered with such office.
(1) The county clerk issuing a marriage license is hereby authorized to record and certify any license used to solemnize a marriage that is properly signed by the officiant when such license is returned to the issuing county clerk. The issuing county clerk shall forward the record to the office of vital records to be filed and registered with such office. If a license issued by a county clerk in Tennessee is used to solemnize a marriage outside Tennessee, such marriage and parties, their property and their children shall have the same status as if the marriage were solemnized in this state. A county clerk is prohibited from issuing a license for a marriage that is prohibited in this state.
(2) All existing marriages occurring prior to May 2, 1989, by the authority of a Tennessee license, properly signed and certified by the officiant, are validated and the issuing clerk is authorized to record such license when it is returned to the issuing county clerk and to forward the record to the office of vital records to be filed and registered with such office.
Code 1858, § 2441 (deriv. Acts 1778, ch. 7, §§ 2, 3); Shan., § 4191; Code 1932, § 8414; Acts 1976, ch. 539; § 1; T.C.A. (orig. ed.), § 36-405; Acts 1986, ch. 582, §§ 1, 2; 1989, ch. 224, § 1; 1996, ch. 1031, § 2.
Tenn. Code Ann. § 36-1-202 — TN Code / Title 36 / Chapter 1 / Section 36-1-202
Amount of assistance
Status: in_force

The amounts of adoption assistance and other aid that Tennessee will provide to children with special needs in accordance with Article IV of the Interstate Compact on Adoption and Medical Assistance shall be determined in accordance with § 37-5-106(a)(13) . Acts 1985, ch. 35, § 2.
The amounts of adoption assistance and other aid that Tennessee will provide to children with special needs in accordance with Article IV of the Interstate Compact on Adoption and Medical Assistance shall be determined in accordance with § 37-5-106(a)(13) .
Acts 1985, ch. 35, § 2.
Tenn. Code Ann. § 36-4-128 — TN Code / Title 36 / Chapter 4 / Section 36-4-128
Remarriage after spouse's two-year absence - Effect of spouse's return
Status: in_force

(a) If, upon a false rumor, apparently well founded, of the death of one (1) of the parties, who has been absent two (2) whole years, the other party marries again, the party remaining single may, upon returning, insist upon a restoration of conjugal rights or upon a dissolution of the marriage, and the court shall decree accordingly, to wit: that the first marriage shall stand and the second be dissolved, or vice versa. (b) Such bill or petition shall be filed within one (1) year after the return. Code 1858, § 2461 (deriv. Acts 1835-1836, ch. 26, § 8); Shan., §4214; Code 1932, § 8439; T.C.A. (orig. ed.), § 36-833.
(a) If, upon a false rumor, apparently well founded, of the death of one (1) of the parties, who has been absent two (2) whole years, the other party marries again, the party remaining single may, upon returning, insist upon a restoration of conjugal rights or upon a dissolution of the marriage, and the court shall decree accordingly, to wit: that the first marriage shall stand and the second be dissolved, or vice versa.
(b) Such bill or petition shall be filed within one (1) year after the return.
Code 1858, § 2461 (deriv. Acts 1835-1836, ch. 26, § 8); Shan., §4214; Code 1932, § 8439; T.C.A. (orig. ed.), § 36-833.
Tenn. Code Ann. § 36-5-813 — TN Code / Title 36 / Chapter 5 / Section 36-5-813
Liability for fees and costs
Status: in_force

The individual or entity to whom or to which the request, administrative order or administrative subpoena is issued pursuant to this part and that is enforced by the court pursuant to § 36-5-812 shall be liable for all court costs of the proceedings and shall be liable to the department for the cost of any private, contract or government attorney representing the state and for the time of any of its Title IV-D contractor staff utilized in litigating the administrative order or administrative subpoena. Acts 1997, ch. 551, § 11.
The individual or entity to whom or to which the request, administrative order or administrative subpoena is issued pursuant to this part and that is enforced by the court pursuant to § 36-5-812 shall be liable for all court costs of the proceedings and shall be liable to the department for the cost of any private, contract or government attorney representing the state and for the time of any of its Title IV-D contractor staff utilized in litigating the administrative order or administrative subpoena.
Acts 1997, ch. 551, § 11.
Tenn. Code Ann. § 36-3-501 — TN Code / Title 36 / Chapter 3 / Section 36-3-501
Enforcement of antenuptial agreements
Status: in_force

Notwithstanding any other law to the contrary, except as provided in § 36-3-502 , any antenuptial or prenuptial agreement entered into by spouses concerning property owned by either spouse before the marriage that is the subject of such agreement shall be binding upon any court having jurisdiction over such spouses and/or such agreement if such agreement is determined, in the discretion of such court, to have been entered into by such spouses freely, knowledgeably and in good faith and without exertion of duress or undue influence upon either spouse. The terms of such agreement shall be enforceable by all remedies available for enforcement of contract terms. Acts 1980, ch. 492, § 1; T.C.A., § 36-606.
Notwithstanding any other law to the contrary, except as provided in § 36-3-502 , any antenuptial or prenuptial agreement entered into by spouses concerning property owned by either spouse before the marriage that is the subject of such agreement shall be binding upon any court having jurisdiction over such spouses and/or such agreement if such agreement is determined, in the discretion of such court, to have been entered into by such spouses freely, knowledgeably and in good faith and without exertion of duress or undue influence upon either spouse. The terms of such agreement shall be enforceable by all remedies available for enforcement of contract terms.
Acts 1980, ch. 492, § 1; T.C.A., § 36-606.
Tenn. Code Ann. § 36-5-707 — TN Code / Title 36 / Chapter 5 / Section 36-5-707
Effect of compliance by obligors who have been served notice
Status: in_force

(a) When an obligor who is served notice under § 36-5-702 complies with the order of support, the department shall provide the licensing authority with written or electronic data exchange confirmation that the obligor is in compliance with the order and issue a release to the obligor. (b) (1) Upon receipt of the written confirmation of reasonable or full compliance, the licensing authority shall issue or extend the obligor's license, or withdraw any denial, revocation, restriction or suspension of the obligor's license; provided, that all other applicable licensing requirements are met by the obligor. If all other applicable licensing requirements are met by the obligor, the obligor shall not, however, be required to be retested or recertified for a license that was valid and that was held in good standing by the obligor, or for which the obligor had been determined otherwise eligible by the licensing authority to receive, prior to the revocation, restriction or suspension or denial of such license pursuant to this part, and which license was revoked, restricted, suspended or denied solely pursuant to this part. (2) If, subsequent to the revocation, restriction, suspension or denial of the license, and prior to the date on which the next periodic licensing would be due, the license is restored or issued by the licensing authority due to reasonable or full compliance, the obligor shall not be required to pay a new periodic license fee for the period remaining before the next periodic licensing fee would be due; provided, that the licensing authority may impose a reasonable reinstatement fee not to exceed five dollars ($5.00) for processing of the restoration or issuance of the license at any time. Amended by 2014 Tenn. Acts, ch. 852,s 10, eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 852,s 9, eff. 7/1/2015. Acts 1996, ch. 892, § 8.
(a) When an obligor who is served notice under § 36-5-702 complies with the order of support, the department shall provide the licensing authority with written or electronic data exchange confirmation that the obligor is in compliance with the order and issue a release to the obligor.
(b) (1) Upon receipt of the written confirmation of reasonable or full compliance, the licensing authority shall issue or extend the obligor's license, or withdraw any denial, revocation, restriction or suspension of the obligor's license; provided, that all other applicable licensing requirements are met by the obligor. If all other applicable licensing requirements are met by the obligor, the obligor shall not, however, be required to be retested or recertified for a license that was valid and that was held in good standing by the obligor, or for which the obligor had been determined otherwise eligible by the licensing authority to receive, prior to the revocation, restriction or suspension or denial of such license pursuant to this part, and which license was revoked, restricted, suspended or denied solely pursuant to this part. (2) If, subsequent to the revocation, restriction, suspension or denial of the license, and prior to the date on which the next periodic licensing would be due, the license is restored or issued by the licensing authority due to reasonable or full compliance, the obligor shall not be required to pay a new periodic license fee for the period remaining before the next periodic licensing fee would be due; provided, that the licensing authority may impose a reasonable reinstatement fee not to exceed five dollars ($5.00) for processing of the restoration or issuance of the license at any time.
(1) Upon receipt of the written confirmation of reasonable or full compliance, the licensing authority shall issue or extend the obligor's license, or withdraw any denial, revocation, restriction or suspension of the obligor's license; provided, that all other applicable licensing requirements are met by the obligor. If all other applicable licensing requirements are met by the obligor, the obligor shall not, however, be required to be retested or recertified for a license that was valid and that was held in good standing by the obligor, or for which the obligor had been determined otherwise eligible by the licensing authority to receive, prior to the revocation, restriction or suspension or denial of such license pursuant to this part, and which license was revoked, restricted, suspended or denied solely pursuant to this part.
(2) If, subsequent to the revocation, restriction, suspension or denial of the license, and prior to the date on which the next periodic licensing would be due, the license is restored or issued by the licensing authority due to reasonable or full compliance, the obligor shall not be required to pay a new periodic license fee for the period remaining before the next periodic licensing fee would be due; provided, that the licensing authority may impose a reasonable reinstatement fee not to exceed five dollars ($5.00) for processing of the restoration or issuance of the license at any time.
Amended by 2014 Tenn. Acts, ch. 852,s 10, eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 852,s 9, eff. 7/1/2015.
Acts 1996, ch. 892, § 8.
Tenn. Code Ann. § 36-5-2704 — TN Code / Title 36 / Chapter 5 / Section 36-5-2704
Initiation by department of human services of support proceeding under Convention
Status: in_force

(a) In a support proceeding under this part, the department of human services of this state shall: (1) Transmit and receive applications; and (2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state. (b) The following support proceedings are available to an obligee under the Convention: (1) Recognition or recognition and enforcement of a foreign support order; (2) Enforcement of a support order issued or recognized in this state; (3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child; (4) Establishment of a support order if recognition of a foreign support order is refused under § 36-5-2708(b)(2), (b)(4), or (b)(9) ; (5) Modification of a support order of a tribunal of this state; and (6) Modification of a support order of a tribunal of another state or a foreign country. (c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order: (1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state; (2) Modification of a support order of a tribunal of this state; and (3) Modification of a support order of a tribunal of another state or a foreign country. (d) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention. Acts 2010 , ch. 901, § 1.
(a) In a support proceeding under this part, the department of human services of this state shall: (1) Transmit and receive applications; and (2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(1) Transmit and receive applications; and
(2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(b) The following support proceedings are available to an obligee under the Convention: (1) Recognition or recognition and enforcement of a foreign support order; (2) Enforcement of a support order issued or recognized in this state; (3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child; (4) Establishment of a support order if recognition of a foreign support order is refused under § 36-5-2708(b)(2), (b)(4), or (b)(9) ; (5) Modification of a support order of a tribunal of this state; and (6) Modification of a support order of a tribunal of another state or a foreign country.
(1) Recognition or recognition and enforcement of a foreign support order;
(2) Enforcement of a support order issued or recognized in this state;
(3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(4) Establishment of a support order if recognition of a foreign support order is refused under § 36-5-2708(b)(2), (b)(4), or (b)(9) ;
(5) Modification of a support order of a tribunal of this state; and
(6) Modification of a support order of a tribunal of another state or a foreign country.
(c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order: (1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state; (2) Modification of a support order of a tribunal of this state; and (3) Modification of a support order of a tribunal of another state or a foreign country.
(1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(2) Modification of a support order of a tribunal of this state; and
(3) Modification of a support order of a tribunal of another state or a foreign country.
(d) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.
Acts 2010 , ch. 901, § 1.