Tenn. Code Ann. § 36-6-405 — TN Code / Title 36 / Chapter 6 / Section 36-6-405
Modification of permanent parenting plans
Status: in_force

(a) In a proceeding for a modification of a permanent parenting plan, a proposed parenting plan shall be filed and served with the petition for modification and with the response to the petition for modification. Such plan is not required if the modification pertains only to child support. The obligor parent's proposed parenting plan shall be accompanied by a verified statement of that party's income pursuant to the child support guidelines and related provisions contained in chapter 5 of this title. If the parties cannot agree to a modification of a permanent parenting plan, the process established by § 36-6-404(b) shall be used to establish an amended permanent parenting plan or final decree or judgment. (b) In a proceeding for a modification of a permanent parenting plan, the existing residential schedule shall not be modified prior to a final hearing unless the parents agree to the modification or the court finds that the child will be subject to a likelihood of substantial harm absent the temporary modification. If a temporary modification of the existing residential schedule is granted ex parte, the respondent shall be entitled to an expedited hearing within fifteen (15) days of the entry of the temporary modification order. (c) Title IV-D child support cases involving the department of human services or any of its public or private contractors shall be bifurcated from the remaining parental responsibility issues. Separate orders shall be issued concerning Title IV-D issues, which shall not be contained in, or part of, temporary, permanent or modified parenting plans. The department and its public or private contractors shall not be required to participate in mediation or dispute resolution pursuant to this part. (d) If the parties agree to a modification of an existing permanent parenting plan, and the parties announce to the court and place on the record an agreement specifying the terms of modification, or if the parties execute a permanent parenting plan which modifies a prior order of the court with respect to either custody or residential parenting schedule which is approved through entry of an agreed order, then the court is not required to inquire further and make an independent determination as to whether the modification is in the best interest of the child. An order of the court approving the agreement and stating that the modification is made by agreement of the parties satisfies the requirements of Rule 52.01 of the Tennessee Rules of Civil Procedure. The court is not required to accept an agreement of the parties modifying a permanent parenting plan, and this subsection (d) does not diminish the authority of the court to make inquiry and ensure that the modification of the permanent parenting plan is in the best interest of the child, is entered into freely and voluntarily by both parents, and is not the product of duress, coercion, or undue influence. Amended by 2020 Tenn. Acts, ch. 520, Secs.s3, s4 eff. 3/6/2020. Acts 1997 , ch. 557, § 1; T.C.A., § 36-6-409 ; Acts 2000, ch. 889, § 1; 2010 , ch. 956, § 1.
(a) In a proceeding for a modification of a permanent parenting plan, a proposed parenting plan shall be filed and served with the petition for modification and with the response to the petition for modification. Such plan is not required if the modification pertains only to child support. The obligor parent's proposed parenting plan shall be accompanied by a verified statement of that party's income pursuant to the child support guidelines and related provisions contained in chapter 5 of this title. If the parties cannot agree to a modification of a permanent parenting plan, the process established by § 36-6-404(b) shall be used to establish an amended permanent parenting plan or final decree or judgment.
(b) In a proceeding for a modification of a permanent parenting plan, the existing residential schedule shall not be modified prior to a final hearing unless the parents agree to the modification or the court finds that the child will be subject to a likelihood of substantial harm absent the temporary modification. If a temporary modification of the existing residential schedule is granted ex parte, the respondent shall be entitled to an expedited hearing within fifteen (15) days of the entry of the temporary modification order.
(c) Title IV-D child support cases involving the department of human services or any of its public or private contractors shall be bifurcated from the remaining parental responsibility issues. Separate orders shall be issued concerning Title IV-D issues, which shall not be contained in, or part of, temporary, permanent or modified parenting plans. The department and its public or private contractors shall not be required to participate in mediation or dispute resolution pursuant to this part.
(d) If the parties agree to a modification of an existing permanent parenting plan, and the parties announce to the court and place on the record an agreement specifying the terms of modification, or if the parties execute a permanent parenting plan which modifies a prior order of the court with respect to either custody or residential parenting schedule which is approved through entry of an agreed order, then the court is not required to inquire further and make an independent determination as to whether the modification is in the best interest of the child. An order of the court approving the agreement and stating that the modification is made by agreement of the parties satisfies the requirements of Rule 52.01 of the Tennessee Rules of Civil Procedure. The court is not required to accept an agreement of the parties modifying a permanent parenting plan, and this subsection (d) does not diminish the authority of the court to make inquiry and ensure that the modification of the permanent parenting plan is in the best interest of the child, is entered into freely and voluntarily by both parents, and is not the product of duress, coercion, or undue influence.
Amended by 2020 Tenn. Acts, ch. 520, Secs.s3, s4 eff. 3/6/2020.
Acts 1997 , ch. 557, § 1; T.C.A., § 36-6-409 ; Acts 2000, ch. 889, § 1; 2010 , ch. 956, § 1.
Tenn. Code Ann. § 36-7-309 — TN Code / Title 36 / Chapter 7 / Section 36-7-309
Order for child support
Status: in_force

If a court has issued an order granting caretaking authority under this part, or an agreement granting caretaking authority has been executed under part 2 of this chapter, the court may enter a temporary order for child support consistent with law of this state other than this chapter if the court has jurisdiction under the Uniform Interstate Family Support Act, compiled in chapter 5, parts 21-29 of this title. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
If a court has issued an order granting caretaking authority under this part, or an agreement granting caretaking authority has been executed under part 2 of this chapter, the court may enter a temporary order for child support consistent with law of this state other than this chapter if the court has jurisdiction under the Uniform Interstate Family Support Act, compiled in chapter 5, parts 21-29 of this title.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-5-2706 — TN Code / Title 36 / Chapter 5 / Section 36-5-2706
Registration of Convention support order
Status: in_force

(a) Except as otherwise provided in this part, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in part 26. (b) Notwithstanding §§ 36-5-2311 and 36-5-2602(a) , a request for registration of a Convention support order must be accompanied by: (1) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law; (2) A record stating that the support order is enforceable in the issuing country; (3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; (4) A record showing the amount of arrears, if any, and the date the amount was calculated; (5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and (6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country. (c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order. (d) A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest under § 36-5-2707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy. (e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order. Acts 2010, ch. 901, § 1.
(a) Except as otherwise provided in this part, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in part 26.
(b) Notwithstanding §§ 36-5-2311 and 36-5-2602(a) , a request for registration of a Convention support order must be accompanied by: (1) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law; (2) A record stating that the support order is enforceable in the issuing country; (3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; (4) A record showing the amount of arrears, if any, and the date the amount was calculated; (5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and (6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(1) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
(2) A record stating that the support order is enforceable in the issuing country;
(3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4) A record showing the amount of arrears, if any, and the date the amount was calculated;
(5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.
(d) A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest under § 36-5-2707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-6-502 — TN Code / Title 36 / Chapter 6 / Section 36-6-502
Compliance with visitation orders - Enforcement
Status: in_force

(a) In all cases where visitation is ordered, both parents shall comply with such order of visitation by turning over custody of the child on the days and at the times so ordered by the court and by picking up the child and returning the child on the days and at the times so ordered by the court. (b) An order of visitation may be enforced by using the license revocation, denial or suspension procedures provided in this part and any other sanctions deemed appropriate by the court. (c) Notwithstanding any law to the contrary, if the driver license of a parent is currently canceled, suspended or revoked pursuant to title 55, chapter 10, part 4, or title 55, chapter 50, part 5, and, if such parent personally drives a motor vehicle to the location where the parent is scheduled to take custody of a child pursuant to a valid order of visitation or parenting plan, then the parent or other person having custody of the child may refuse to turn over custody of the child under the circumstances and such refusal shall not constitute a violation of subsection (a). Acts 2000, ch. 971, § 3; 2003, ch. 243, § 2.
(a) In all cases where visitation is ordered, both parents shall comply with such order of visitation by turning over custody of the child on the days and at the times so ordered by the court and by picking up the child and returning the child on the days and at the times so ordered by the court.
(b) An order of visitation may be enforced by using the license revocation, denial or suspension procedures provided in this part and any other sanctions deemed appropriate by the court.
(c) Notwithstanding any law to the contrary, if the driver license of a parent is currently canceled, suspended or revoked pursuant to title 55, chapter 10, part 4, or title 55, chapter 50, part 5, and, if such parent personally drives a motor vehicle to the location where the parent is scheduled to take custody of a child pursuant to a valid order of visitation or parenting plan, then the parent or other person having custody of the child may refuse to turn over custody of the child under the circumstances and such refusal shall not constitute a violation of subsection (a).
Acts 2000, ch. 971, § 3; 2003, ch. 243, § 2.
Tenn. Code Ann. § 36-5-2210 — TN Code / Title 36 / Chapter 5 / Section 36-5-2210
Application of parts 20-29 of this chapter to nonresident subject to personal jurisdiction
Status: in_force

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under parts 20-29 of this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to § 36-5-2316 , communicate with a tribunal outside this state pursuant to § 36-5-2317 , and obtain discovery through a tribunal outside this state pursuant to § 36-5-2318 . In all other respects, parts 23-26 do not apply, and the tribunal shall apply the procedural and substantive law of this state. Acts 2010 , ch. 901, § 1.
A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under parts 20-29 of this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to § 36-5-2316 , communicate with a tribunal outside this state pursuant to § 36-5-2317 , and obtain discovery through a tribunal outside this state pursuant to § 36-5-2318 . In all other respects, parts 23-26 do not apply, and the tribunal shall apply the procedural and substantive law of this state.
Acts 2010 , ch. 901, § 1.
Tenn. Code Ann. § 36-1-135 — TN Code / Title 36 / Chapter 1 / Section 36-1-135
Updated medical information in records - Searches for persons affected
Status: in_force

(a) The department shall update its post-adoption records with any medical, psychological or psychiatric information provided by an adopted person or a person for whom records are maintained, as described in § 36-1-127(c)(1)(A) , eighteen (18) years of age or older, or such person's legal representative, or by such person's adoptive or legal parent if the adopted person or a person for whom records are maintained as described in § 36-1-127(c)(1)(A) is under eighteen (18) years of age, or which information is provided by any biological or legal relative of an adopted person or a person for whom records are maintained, as described in § 36-1-127(c)(1)(A) , or such person's legal representative, which information concerns any of those persons; provided, that such information shall be provided in the form of a letter or other written evidence from a licensed health care professional or from a licensed health care facility that explains the health care status of persons who may be affected and why the transmission of such information to other persons is necessary. (b) Upon receipt of the information under subsection (a), the department shall, at no charge to any of the persons listed under subsection (a), conduct a diligent search for the person or persons who may be affected and, if located, shall notify them, their parents, if applicable, or their legal representatives, if applicable, of the availability of and the nature of this information and those persons may request that the information be provided to them. In any case, copies of all such updated information shall be maintained in the post-adoption record for future use. (c) If any of the persons listed in subsection (a) seek additional or updated information for a medically established need as determined by written evidence from a licensed health care professional or a licensed health care facility pursuant to the requirements of subsection (a), the department shall, at no charge, contact the persons who have access to or who have or may have knowledge of such information, and shall request the persons so contacted to provide such information to the department for transmittal to the treating professionals or health care facility of the requesting party. Such information shall be provided to the department by means of a specific release for a stated purpose and the release shall be time limited. (d) Any notification required to be made by the department as part of a search and information request or transmittal pursuant to this section with an adopted person or with a person for whom records are maintained, as described under § 36-1-127(c)(1)(A) , who is under eighteen (18) years of age shall be made with such person's adoptive or legal parent, or with the legal representative of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A) , or with the parents or with the legal representative of the minor biological or legal relative of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A) , and such parents or legal representatives shall make any decisions relative to release of information or provision of information pursuant to this section. Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 121.
(a) The department shall update its post-adoption records with any medical, psychological or psychiatric information provided by an adopted person or a person for whom records are maintained, as described in § 36-1-127(c)(1)(A) , eighteen (18) years of age or older, or such person's legal representative, or by such person's adoptive or legal parent if the adopted person or a person for whom records are maintained as described in § 36-1-127(c)(1)(A) is under eighteen (18) years of age, or which information is provided by any biological or legal relative of an adopted person or a person for whom records are maintained, as described in § 36-1-127(c)(1)(A) , or such person's legal representative, which information concerns any of those persons; provided, that such information shall be provided in the form of a letter or other written evidence from a licensed health care professional or from a licensed health care facility that explains the health care status of persons who may be affected and why the transmission of such information to other persons is necessary.
(b) Upon receipt of the information under subsection (a), the department shall, at no charge to any of the persons listed under subsection (a), conduct a diligent search for the person or persons who may be affected and, if located, shall notify them, their parents, if applicable, or their legal representatives, if applicable, of the availability of and the nature of this information and those persons may request that the information be provided to them. In any case, copies of all such updated information shall be maintained in the post-adoption record for future use.
(c) If any of the persons listed in subsection (a) seek additional or updated information for a medically established need as determined by written evidence from a licensed health care professional or a licensed health care facility pursuant to the requirements of subsection (a), the department shall, at no charge, contact the persons who have access to or who have or may have knowledge of such information, and shall request the persons so contacted to provide such information to the department for transmittal to the treating professionals or health care facility of the requesting party. Such information shall be provided to the department by means of a specific release for a stated purpose and the release shall be time limited.
(d) Any notification required to be made by the department as part of a search and information request or transmittal pursuant to this section with an adopted person or with a person for whom records are maintained, as described under § 36-1-127(c)(1)(A) , who is under eighteen (18) years of age shall be made with such person's adoptive or legal parent, or with the legal representative of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A) , or with the parents or with the legal representative of the minor biological or legal relative of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A) , and such parents or legal representatives shall make any decisions relative to release of information or provision of information pursuant to this section.
Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 121.
Tenn. Code Ann. § 36-6-213 — TN Code / Title 36 / Chapter 6 / Section 36-6-213
Communication among courts and parties - Records of communications
Status: in_force

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this part. (b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. (c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication. (d) Except as otherwise provided in subsection (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record. (e) For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. Acts 1999, ch. 389, § 14.
(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this part.
(b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
(d) Except as otherwise provided in subsection (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.
(e) For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Acts 1999, ch. 389, § 14.
Tenn. Code Ann. § 36-1-142 — TN Code / Title 36 / Chapter 1 / Section 36-1-142
Voluntary delivery of infant - Notifications - Revocation of voluntary delivery - Termination of parental rights
Status: in_force

(a) Notwithstanding a law to the contrary and without complying with the surrender provision of this part, a facility or newborn safety device, as defined in § 68-11-255 , shall receive possession of an infant aged fourteen (14) days or younger upon the voluntary delivery of the infant by the infant's mother, pursuant to § 68-11-255 . (b) The facility, a facility employee, or a member of the professional medical community at such facility, shall notify the department of children's services immediately after taking possession of an infant under this section. Upon notification, the department or the department's authorized designee shall immediately assume the care, custody, and control of such infant and shall petition the appropriate court for legal custody of such infant. (c) The facility, a facility employee, or a member of the professional medical community at such facility shall notify the office of vital records of the voluntary delivery of the infant in accordance with this section and § 68-11-255 . The office of vital records shall issue a birth certificate for the child in accordance with § 68-3-307 , which will supersede and invalidate any previously issued birth certificate. (d) Voluntary delivery of an infant pursuant to § 68-11-255 and failure of the mother voluntarily delivering such child to visit or seek contact with such infant for a period of thirty (30) days after the date of delivery, and failure to seek contact with the infant through the department or to revoke the voluntary delivery within thirty (30) days after notice was completed pursuant to this section, which shall cumulatively be no less than ninety (90) days from the date such child was voluntarily delivered to such facility or newborn safety device, shall be a basis for termination of parental rights pursuant to this part. (e) (1) A mother who voluntarily delivers an infant pursuant to § 68-11-255 may revoke such voluntary delivery by applying to a court that is qualified to receive a surrender pursuant to § 36-1-111 no later than thirty (30) days after notice was completed under subsection (f). (2) After such thirty (30) days, no voluntary delivery pursuant to § 68-11-255 shall be set aside except upon clear and convincing evidence of duress, fraud or intentional misrepresentation. (f) (1) Within ten (10) days of receipt of an infant under this section, the department shall give notice once a week for four (4) consecutive weeks in a newspaper or other publication of general circulation in the county in which such voluntary delivery occurred. The department shall also give such notice in any other county for which there are any facts known to the department that reasonably indicate the infant's mother or father may be so located. The notice shall include information to provide an opportunity for the putative father to claim paternity and for the mother to revoke voluntary delivery. Such notice shall describe the infant, identify where and when voluntary delivery occurred, specify how and who to contact for follow up and provide any other relevant information. (2) The notice shall specify that failure to seek contact with the infant through the department or to revoke the voluntary delivery within thirty (30) days of the date of the last publication of notice shall constitute abandonment of the infant and of the mother's interest. (3) The notice shall specify that any father of such infant who fails to claim paternity by contacting the department or registering with the putative father registry pursuant to § 36-2-318 within thirty (30) days of the last publication shall be barred from thereafter bringing or maintaining any action to establish paternity of the infant. It shall also specify that such failure shall constitute abandonment of any right to notice of, or to a hearing in, any judicial proceeding for the adoption of such infant and that consent of such putative father shall not be required for adoption of the infant. (4) If an infant is abandoned pursuant to § 68-11-255 , then the department shall file a petition seeking termination of parental rights within ten (10) calendar days after the ninety-day period established in subsection (d) is completed. The court shall expedite the case and shall ensure that the hearing on the termination petition is heard within thirty (30) days of the date the petition is filed, unless the court determines an extension is in the best interest of the child. (g) The department shall designate one (1) or more persons to serve as a contact in the event the mother requires additional information, including but not limited to the legal effect of voluntary delivery of the infant, revocation of voluntary delivery, availability of relevant social services and follow-up inquiries once the mother has left the facility. The department shall provide all facilities designated to receive infants under this section with the name, phone number and other necessary information regarding such contact person. Amended by 2023 Tenn. Acts, ch. 293, s 2, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1008, s 2, eff. 5/9/2022. Amended by 2020 Tenn. Acts, ch. 684, s 1, eff. 6/15/2020. Acts 2001, ch. 388, § 2.
(a) Notwithstanding a law to the contrary and without complying with the surrender provision of this part, a facility or newborn safety device, as defined in § 68-11-255 , shall receive possession of an infant aged fourteen (14) days or younger upon the voluntary delivery of the infant by the infant's mother, pursuant to § 68-11-255 .
(b) The facility, a facility employee, or a member of the professional medical community at such facility, shall notify the department of children's services immediately after taking possession of an infant under this section. Upon notification, the department or the department's authorized designee shall immediately assume the care, custody, and control of such infant and shall petition the appropriate court for legal custody of such infant.
(c) The facility, a facility employee, or a member of the professional medical community at such facility shall notify the office of vital records of the voluntary delivery of the infant in accordance with this section and § 68-11-255 . The office of vital records shall issue a birth certificate for the child in accordance with § 68-3-307 , which will supersede and invalidate any previously issued birth certificate.
(d) Voluntary delivery of an infant pursuant to § 68-11-255 and failure of the mother voluntarily delivering such child to visit or seek contact with such infant for a period of thirty (30) days after the date of delivery, and failure to seek contact with the infant through the department or to revoke the voluntary delivery within thirty (30) days after notice was completed pursuant to this section, which shall cumulatively be no less than ninety (90) days from the date such child was voluntarily delivered to such facility or newborn safety device, shall be a basis for termination of parental rights pursuant to this part.
(e) (1) A mother who voluntarily delivers an infant pursuant to § 68-11-255 may revoke such voluntary delivery by applying to a court that is qualified to receive a surrender pursuant to § 36-1-111 no later than thirty (30) days after notice was completed under subsection (f). (2) After such thirty (30) days, no voluntary delivery pursuant to § 68-11-255 shall be set aside except upon clear and convincing evidence of duress, fraud or intentional misrepresentation.
(1) A mother who voluntarily delivers an infant pursuant to § 68-11-255 may revoke such voluntary delivery by applying to a court that is qualified to receive a surrender pursuant to § 36-1-111 no later than thirty (30) days after notice was completed under subsection (f).
(2) After such thirty (30) days, no voluntary delivery pursuant to § 68-11-255 shall be set aside except upon clear and convincing evidence of duress, fraud or intentional misrepresentation.
(f) (1) Within ten (10) days of receipt of an infant under this section, the department shall give notice once a week for four (4) consecutive weeks in a newspaper or other publication of general circulation in the county in which such voluntary delivery occurred. The department shall also give such notice in any other county for which there are any facts known to the department that reasonably indicate the infant's mother or father may be so located. The notice shall include information to provide an opportunity for the putative father to claim paternity and for the mother to revoke voluntary delivery. Such notice shall describe the infant, identify where and when voluntary delivery occurred, specify how and who to contact for follow up and provide any other relevant information. (2) The notice shall specify that failure to seek contact with the infant through the department or to revoke the voluntary delivery within thirty (30) days of the date of the last publication of notice shall constitute abandonment of the infant and of the mother's interest. (3) The notice shall specify that any father of such infant who fails to claim paternity by contacting the department or registering with the putative father registry pursuant to § 36-2-318 within thirty (30) days of the last publication shall be barred from thereafter bringing or maintaining any action to establish paternity of the infant. It shall also specify that such failure shall constitute abandonment of any right to notice of, or to a hearing in, any judicial proceeding for the adoption of such infant and that consent of such putative father shall not be required for adoption of the infant. (4) If an infant is abandoned pursuant to § 68-11-255 , then the department shall file a petition seeking termination of parental rights within ten (10) calendar days after the ninety-day period established in subsection (d) is completed. The court shall expedite the case and shall ensure that the hearing on the termination petition is heard within thirty (30) days of the date the petition is filed, unless the court determines an extension is in the best interest of the child.
(1) Within ten (10) days of receipt of an infant under this section, the department shall give notice once a week for four (4) consecutive weeks in a newspaper or other publication of general circulation in the county in which such voluntary delivery occurred. The department shall also give such notice in any other county for which there are any facts known to the department that reasonably indicate the infant's mother or father may be so located. The notice shall include information to provide an opportunity for the putative father to claim paternity and for the mother to revoke voluntary delivery. Such notice shall describe the infant, identify where and when voluntary delivery occurred, specify how and who to contact for follow up and provide any other relevant information.
(2) The notice shall specify that failure to seek contact with the infant through the department or to revoke the voluntary delivery within thirty (30) days of the date of the last publication of notice shall constitute abandonment of the infant and of the mother's interest.
(3) The notice shall specify that any father of such infant who fails to claim paternity by contacting the department or registering with the putative father registry pursuant to § 36-2-318 within thirty (30) days of the last publication shall be barred from thereafter bringing or maintaining any action to establish paternity of the infant. It shall also specify that such failure shall constitute abandonment of any right to notice of, or to a hearing in, any judicial proceeding for the adoption of such infant and that consent of such putative father shall not be required for adoption of the infant.
(4) If an infant is abandoned pursuant to § 68-11-255 , then the department shall file a petition seeking termination of parental rights within ten (10) calendar days after the ninety-day period established in subsection (d) is completed. The court shall expedite the case and shall ensure that the hearing on the termination petition is heard within thirty (30) days of the date the petition is filed, unless the court determines an extension is in the best interest of the child.
(g) The department shall designate one (1) or more persons to serve as a contact in the event the mother requires additional information, including but not limited to the legal effect of voluntary delivery of the infant, revocation of voluntary delivery, availability of relevant social services and follow-up inquiries once the mother has left the facility. The department shall provide all facilities designated to receive infants under this section with the name, phone number and other necessary information regarding such contact person.
Amended by 2023 Tenn. Acts, ch. 293, s 2, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1008, s 2, eff. 5/9/2022.
Amended by 2020 Tenn. Acts, ch. 684, s 1, eff. 6/15/2020.
Acts 2001, ch. 388, § 2.
Tenn. Code Ann. § 36-5-711 — TN Code / Title 36 / Chapter 5 / Section 36-5-711
Information about applicants or licensees - Transmittal
Status: in_force

(a) On or before July 1, 1996, or as soon thereafter as economically feasible and at least annually thereafter, all licensing authorities subject to this part shall provide to the department on magnetic tape or other machine-readable format the information herein specified or enter into an agreement with the commissioner for the transfer of or the access of the department to such data, according to standards established by the department, about applicants for licensure and all current licensees including licensees whose licenses are currently suspended, restricted or revoked but are subject to reinstatement upon the occurrence of an event or expiration of a period of time. The information provided must include, if available, the following: (1) Name; (2) Date of birth; (3) Address of record; (4) Federal employer identification number or social security number; (5) Physical description; (6) Type of license; (7) Effective date of license or renewal; (8) Expiration date of license; and (9) Active or inactive status of the license. (b) If it is not feasible to provide the information on magnetic tape or in a machine-readable format, the information shall be provided in the format agreed upon by the commissioner and the licensing authority. Amended by 2014 Tenn. Acts, ch. 852,s 11, eff. 7/1/2015. Acts 1996, ch. 892, § 12.
(a) On or before July 1, 1996, or as soon thereafter as economically feasible and at least annually thereafter, all licensing authorities subject to this part shall provide to the department on magnetic tape or other machine-readable format the information herein specified or enter into an agreement with the commissioner for the transfer of or the access of the department to such data, according to standards established by the department, about applicants for licensure and all current licensees including licensees whose licenses are currently suspended, restricted or revoked but are subject to reinstatement upon the occurrence of an event or expiration of a period of time. The information provided must include, if available, the following: (1) Name; (2) Date of birth; (3) Address of record; (4) Federal employer identification number or social security number; (5) Physical description; (6) Type of license; (7) Effective date of license or renewal; (8) Expiration date of license; and (9) Active or inactive status of the license.
(1) Name;
(2) Date of birth;
(3) Address of record;
(4) Federal employer identification number or social security number;
(5) Physical description;
(6) Type of license;
(7) Effective date of license or renewal;
(8) Expiration date of license; and
(9) Active or inactive status of the license.
(b) If it is not feasible to provide the information on magnetic tape or in a machine-readable format, the information shall be provided in the format agreed upon by the commissioner and the licensing authority.
Amended by 2014 Tenn. Acts, ch. 852,s 11, eff. 7/1/2015.
Acts 1996, ch. 892, § 12.
Tenn. Code Ann. § 36-4-134 — TN Code / Title 36 / Chapter 4 / Section 36-4-134
Notice that the decree does not necessarily affect the ability of a creditor to proceed against a party or a party's property
Status: in_force

(a) Every final decree of divorce granted on any fault ground of divorce and every marital dissolution agreement shall contain a notice that the decree does not necessarily affect the ability of a creditor to proceed against a party or a party's property, even though the party is not responsible under the terms of the decree for an account, any debt associated with an account or any debt. The notice shall also state that it may be in a party's best interest to cancel, close or freeze any jointly held accounts. (b) Failure to include the notice required by subsection (a) shall not affect the validity of the decree of divorce, legal separation or annulment. Acts 2009, ch. 157, § 1.
(a) Every final decree of divorce granted on any fault ground of divorce and every marital dissolution agreement shall contain a notice that the decree does not necessarily affect the ability of a creditor to proceed against a party or a party's property, even though the party is not responsible under the terms of the decree for an account, any debt associated with an account or any debt. The notice shall also state that it may be in a party's best interest to cancel, close or freeze any jointly held accounts.
(b) Failure to include the notice required by subsection (a) shall not affect the validity of the decree of divorce, legal separation or annulment.
Acts 2009, ch. 157, § 1.
Tenn. Code Ann. § 36-6-225 — TN Code / Title 36 / Chapter 6 / Section 36-6-225
Order to appear before court - Orders to ensure safety - Payment of expenses
Status: in_force

(a) In a child-custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child. (b) If a party to a child-custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to § 36-6-220 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party. (c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section. (d) If a party to a child custody proceeding who is outside this state is directed to appear under subsection (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child. Acts 1999, ch. 389, § 26.
(a) In a child-custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
(b) If a party to a child-custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to § 36-6-220 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(d) If a party to a child custody proceeding who is outside this state is directed to appear under subsection (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
Acts 1999, ch. 389, § 26.
Tenn. Code Ann. § 36-6-609 — TN Code / Title 36 / Chapter 6 / Section 36-6-609
Warrant to take physical custody of child
Status: in_force

(a) If a petition under this part contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child. (b) The respondent on a petition under subsection (a) must be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. (c) An ex parte warrant under subsection (a) to take physical custody of a child must: (1) Recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based; (2) Direct law enforcement officers to take physical custody of the child immediately; (3) State the date and time for the hearing on the petition; and (4) Provide for the safe interim placement of the child pending further order of the court. (d) If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the national crime information center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect. (e) The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody. (f) A warrant to take physical custody of a child, issued by this state or another state, is enforceable throughout this state. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour. (g) If the court finds after a hearing that a petitioner sought an ex parte warrant under subsection (a) for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney's fees, costs, and expenses. (h) This part does not affect the availability of relief allowed under the law of this state other than this part. Acts 2010, ch. 832, § 1.
(a) If a petition under this part contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.
(b) The respondent on a petition under subsection (a) must be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.
(c) An ex parte warrant under subsection (a) to take physical custody of a child must: (1) Recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based; (2) Direct law enforcement officers to take physical custody of the child immediately; (3) State the date and time for the hearing on the petition; and (4) Provide for the safe interim placement of the child pending further order of the court.
(1) Recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based;
(2) Direct law enforcement officers to take physical custody of the child immediately;
(3) State the date and time for the hearing on the petition; and
(4) Provide for the safe interim placement of the child pending further order of the court.
(d) If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the national crime information center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.
(e) The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody.
(f) A warrant to take physical custody of a child, issued by this state or another state, is enforceable throughout this state. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.
(g) If the court finds after a hearing that a petitioner sought an ex parte warrant under subsection (a) for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney's fees, costs, and expenses.
(h) This part does not affect the availability of relief allowed under the law of this state other than this part.
Acts 2010, ch. 832, § 1.
Tenn. Code Ann. § 36-5-2206 — TN Code / Title 36 / Chapter 5 / Section 36-5-2206
Continuing jurisdiction to enforce 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 may serve as an initiating tribunal to request a tribunal of another state to enforce: (1) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or (2) A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order. (b) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order. 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 may serve as an initiating tribunal to request a tribunal of another state to enforce: (1) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or (2) A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
(1) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or
(2) A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
(b) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-2-403 — TN Code / Title 36 / Chapter 2 / Section 36-2-403
Establishing embryo parentage - Relinquishment of rights and responsibilities
Status: in_force

(a) (1) A legal embryo custodian may relinquish all rights and responsibilities for an embryo prior to embryo transfer. A written contract shall be entered into as appropriate when establishing embryo parentage prior to embryo transfer for the legal transfer of rights to an embryo and to any child that may result from the embryo transfer: (A) Between legal embryo custodians and the embryo transfer clinic; or (B) Between a legal embryo custodian and each recipient intended parent. (2) The contract shall be signed, as appropriate, by each legal embryo custodian for such embryo, by the embryo transfer clinic or by each recipient intended parent in the presence of a notary public. Initials or other designations may be used if the individuals desire anonymity. (b) If the embryo was created using donor gametes, the sperm or oocyte donors who irrevocably relinquished their rights in connection with in vitro fertilization shall not be entitled to any notice of the embryo relinquishment, nor shall their consent to the embryo relinquishment be required. (c) Upon embryo relinquishment by each legal embryo custodian pursuant to subsection (a), the legal transfer of rights to an embryo shall be considered complete at the time of thawing or to such other time as the parties may agree, and the embryo transfer shall be authorized. (d) A child born to a recipient intended parent as the result of embryo relinquishment pursuant to subsection (a) shall be presumed to be the legal child of the recipient intended parent; provided, that each legal embryo custodian and each recipient intended parent has entered into a written contract pursuant to this part. (e) Any and all prior legal embryo custodians whose donation of an embryo has resulted in the birth of a child to a recipient intended parent pursuant to subsection (a) shall have no rights or responsibilities with such child and of the child to them. Added by 2013 Tenn. Acts, ch. 309,s 1, eff. 7/1/2013.
(a) (1) A legal embryo custodian may relinquish all rights and responsibilities for an embryo prior to embryo transfer. A written contract shall be entered into as appropriate when establishing embryo parentage prior to embryo transfer for the legal transfer of rights to an embryo and to any child that may result from the embryo transfer: (A) Between legal embryo custodians and the embryo transfer clinic; or (B) Between a legal embryo custodian and each recipient intended parent. (2) The contract shall be signed, as appropriate, by each legal embryo custodian for such embryo, by the embryo transfer clinic or by each recipient intended parent in the presence of a notary public. Initials or other designations may be used if the individuals desire anonymity.
(1) A legal embryo custodian may relinquish all rights and responsibilities for an embryo prior to embryo transfer. A written contract shall be entered into as appropriate when establishing embryo parentage prior to embryo transfer for the legal transfer of rights to an embryo and to any child that may result from the embryo transfer: (A) Between legal embryo custodians and the embryo transfer clinic; or (B) Between a legal embryo custodian and each recipient intended parent.
(A) Between legal embryo custodians and the embryo transfer clinic; or
(B) Between a legal embryo custodian and each recipient intended parent.
(2) The contract shall be signed, as appropriate, by each legal embryo custodian for such embryo, by the embryo transfer clinic or by each recipient intended parent in the presence of a notary public. Initials or other designations may be used if the individuals desire anonymity.
(b) If the embryo was created using donor gametes, the sperm or oocyte donors who irrevocably relinquished their rights in connection with in vitro fertilization shall not be entitled to any notice of the embryo relinquishment, nor shall their consent to the embryo relinquishment be required.
(c) Upon embryo relinquishment by each legal embryo custodian pursuant to subsection (a), the legal transfer of rights to an embryo shall be considered complete at the time of thawing or to such other time as the parties may agree, and the embryo transfer shall be authorized.
(d) A child born to a recipient intended parent as the result of embryo relinquishment pursuant to subsection (a) shall be presumed to be the legal child of the recipient intended parent; provided, that each legal embryo custodian and each recipient intended parent has entered into a written contract pursuant to this part.
(e) Any and all prior legal embryo custodians whose donation of an embryo has resulted in the birth of a child to a recipient intended parent pursuant to subsection (a) shall have no rights or responsibilities with such child and of the child to them.
Added by 2013 Tenn. Acts, ch. 309,s 1, eff. 7/1/2013.
Tenn. Code Ann. § 36-5-3107 — TN Code / Title 36 / Chapter 5 / Section 36-5-3107
Contest of registration or enforcement
Status: in_force

(a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) The registered order was obtained by fraud; (2) The registered order has been vacated, suspended, or modified by a later order; (3) The issuing court has stayed the registered order pending appeal; or (4) The statement of arrears is incorrect. (b) If a party presents evidence establishing a full or partial defense under subsection (a), the court where the order is registered may stay enforcement of the registered order until the issues have been resolved by the court that issued the order. Any uncontested portion of the registered order may be enforced by all remedies available pursuant to law. (c) If a contesting party does not establish a defense pursuant to subsection (a) regarding the validity or enforcement of the order, the registering court shall issue an order confirming the order. An order confirming registration of the order is not required if no contest to the registration is made. Acts 1997, ch. 551, § 6.
(a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) The registered order was obtained by fraud; (2) The registered order has been vacated, suspended, or modified by a later order; (3) The issuing court has stayed the registered order pending appeal; or (4) The statement of arrears is incorrect.
(1) The registered order was obtained by fraud;
(2) The registered order has been vacated, suspended, or modified by a later order;
(3) The issuing court has stayed the registered order pending appeal; or
(4) The statement of arrears is incorrect.
(b) If a party presents evidence establishing a full or partial defense under subsection (a), the court where the order is registered may stay enforcement of the registered order until the issues have been resolved by the court that issued the order. Any uncontested portion of the registered order may be enforced by all remedies available pursuant to law.
(c) If a contesting party does not establish a defense pursuant to subsection (a) regarding the validity or enforcement of the order, the registering court shall issue an order confirming the order. An order confirming registration of the order is not required if no contest to the registration is made.
Acts 1997, ch. 551, § 6.
Tenn. Code Ann. § 36-2-314 — TN Code / Title 36 / Chapter 2 / Section 36-2-314
Expedited hearings and appeals in contested child custody cases involving unmarried parties
Status: in_force

(a) In all contested custody cases involving unmarried parties and where a paternity test by an accredited laboratory is known to exist or has been requested of or by the court, the court shall, consistent with due process, expedite the contested custody proceeding by entering such scheduling orders as are necessary to ensure that the case is not delayed, and such case must be given priority in setting a final hearing of the proceeding and must be heard at the earliest possible date over all other civil litigation other than contested adoption and termination of parental rights cases pursuant to § 36-1-124 and child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6. (b) In all contested custody cases involving unmarried parties that are appealed from the decision of a trial court, the appellate court shall, consistent with its rules, expedite the contested custody case if a paternity test by an accredited laboratory is a part of the record, by entering such scheduling orders as are necessary to ensure that the case is not delayed, and such case must be given priority over all other civil litigation, other than contested adoption and termination of parental rights cases pursuant to § 36-1-124 and child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6. (c) It is the intent of the general assembly that the permanency of the placement of a child who is the subject of a contested custody proceeding involving unmarried parties and a paternity test by an accredited laboratory not be delayed any longer than is absolutely necessary consistent with the rights of all parties, but that the rights of the child to permanency at the earliest possible date be given priority over all other civil litigation other than adoption and termination of parental rights cases pursuant to § 36-1-124 and child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6. Added by 2022 Tenn. Acts, ch. 1028, s 1, eff. 5/11/2022.
(a) In all contested custody cases involving unmarried parties and where a paternity test by an accredited laboratory is known to exist or has been requested of or by the court, the court shall, consistent with due process, expedite the contested custody proceeding by entering such scheduling orders as are necessary to ensure that the case is not delayed, and such case must be given priority in setting a final hearing of the proceeding and must be heard at the earliest possible date over all other civil litigation other than contested adoption and termination of parental rights cases pursuant to § 36-1-124 and child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6.
(b) In all contested custody cases involving unmarried parties that are appealed from the decision of a trial court, the appellate court shall, consistent with its rules, expedite the contested custody case if a paternity test by an accredited laboratory is a part of the record, by entering such scheduling orders as are necessary to ensure that the case is not delayed, and such case must be given priority over all other civil litigation, other than contested adoption and termination of parental rights cases pursuant to § 36-1-124 and child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6.
(c) It is the intent of the general assembly that the permanency of the placement of a child who is the subject of a contested custody proceeding involving unmarried parties and a paternity test by an accredited laboratory not be delayed any longer than is absolutely necessary consistent with the rights of all parties, but that the rights of the child to permanency at the earliest possible date be given priority over all other civil litigation other than adoption and termination of parental rights cases pursuant to § 36-1-124 and child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6.
Added by 2022 Tenn. Acts, ch. 1028, s 1, eff. 5/11/2022.
Tenn. Code Ann. § 36-1-107 — TN Code / Title 36 / Chapter 1 / Section 36-1-107
Persons to whom this part is applicable
Status: in_force

(a) Any person, irrespective of place of birth, citizenship, or place of residence, may be adopted or readopted in accordance with this part. (b) A single person may file a petition for the adoption of a child. (c) An adult may be adopted. Acts 1951, ch. 202, § 3 (Williams, § 9572.17); T.C.A. (orig. ed.), § 36-103; § 36-1-103 ; Acts 1995, ch. 532, § 1.
(a) Any person, irrespective of place of birth, citizenship, or place of residence, may be adopted or readopted in accordance with this part.
(b) A single person may file a petition for the adoption of a child.
(c) An adult may be adopted.
Acts 1951, ch. 202, § 3 (Williams, § 9572.17); T.C.A. (orig. ed.), § 36-103; § 36-1-103 ; Acts 1995, ch. 532, § 1.
Tenn. Code Ann. § 36-6-116 — TN Code / Title 36 / Chapter 6 / Section 36-6-116
Temporary injunctions upon service of complaint other than complaint for divorce or legal separation
Status: in_force

(a) When a petition related to child custody is filed, other than a complaint for divorce or legal separation, and upon personal service of the complaint and summons on the respondent or upon waiver and acceptance of service by the respondent, the following temporary injunctions shall be in effect against both parties: (1) An injunction restraining and enjoining both parties from voluntarily canceling, modifying, terminating, assigning, or allowing to lapse for nonpayment of premiums, any insurance policy, including, but not limited to, life and health, where such insurance policy provides coverage to a child who is the subject of the custody action, or that names either of the parties or the child as beneficiaries without the consent of the other party or an order of the court. For the purposes of this section, "modifying" includes any change in beneficiary status; (2) An injunction restraining both parties from harassing, threatening, assaulting, or abusing the other and from making disparaging remarks about the other to or in the presence of any children of the parties or to either party's employer; (3) An injunction restraining and enjoining both parties from hiding, destroying, or spoiling, in whole or in part, any evidence that may be relevant to the custody proceeding, whether electronically stored on computer hard drives or other memory storage devices; and (4) An injunction restraining both parties from relocating any child of the parties outside this state, or more than fifty (50) miles from the other parent, without the permission of the other party or a court order pursuant to § 36-6-108 , except in the case of a removal based upon a well-founded fear of physical abuse against either the fleeing parent or the child. In such case, upon request of the nonrelocating parent, the court shall conduct an expedited hearing, by telephone conference if appropriate, to determine the reasonableness of the relocation and to make such other orders as appropriate. (b) To the extent that a current valid court order or parenting plan provides protections equal to or greater than those contained in the injunction, that order shall apply instead. The injunctions shall remain in effect until: (1) A final order in the custody proceeding is entered; (2) The petition is dismissed; (3) An agreed order is entered; or (4) The court modifies or dissolves the injunctions, written notice of which shall be served with the complaint. (c) The injunctions shall be attached to the summons and the complaint and shall be served with the complaint. The injunctions shall become an order of the court upon being served; provided, however, that nothing in this section shall preclude either party from applying to the court for further temporary orders, an expanded temporary injunction, or modification or revocation of the temporary injunction. (d) The temporary injunctions provided in this section shall only apply to the parties named in the petition and shall not apply to any third party; provided, however, that nothing in this subsection (d) shall preclude any party from applying to the court for an order of injunctive or extraordinary relief against any other party named in any petition as provided by law. Added by 2016 Tenn. Acts, ch. 734,s 1, eff. 7/1/2016.
(a) When a petition related to child custody is filed, other than a complaint for divorce or legal separation, and upon personal service of the complaint and summons on the respondent or upon waiver and acceptance of service by the respondent, the following temporary injunctions shall be in effect against both parties: (1) An injunction restraining and enjoining both parties from voluntarily canceling, modifying, terminating, assigning, or allowing to lapse for nonpayment of premiums, any insurance policy, including, but not limited to, life and health, where such insurance policy provides coverage to a child who is the subject of the custody action, or that names either of the parties or the child as beneficiaries without the consent of the other party or an order of the court. For the purposes of this section, "modifying" includes any change in beneficiary status; (2) An injunction restraining both parties from harassing, threatening, assaulting, or abusing the other and from making disparaging remarks about the other to or in the presence of any children of the parties or to either party's employer; (3) An injunction restraining and enjoining both parties from hiding, destroying, or spoiling, in whole or in part, any evidence that may be relevant to the custody proceeding, whether electronically stored on computer hard drives or other memory storage devices; and (4) An injunction restraining both parties from relocating any child of the parties outside this state, or more than fifty (50) miles from the other parent, without the permission of the other party or a court order pursuant to § 36-6-108 , except in the case of a removal based upon a well-founded fear of physical abuse against either the fleeing parent or the child. In such case, upon request of the nonrelocating parent, the court shall conduct an expedited hearing, by telephone conference if appropriate, to determine the reasonableness of the relocation and to make such other orders as appropriate.
(1) An injunction restraining and enjoining both parties from voluntarily canceling, modifying, terminating, assigning, or allowing to lapse for nonpayment of premiums, any insurance policy, including, but not limited to, life and health, where such insurance policy provides coverage to a child who is the subject of the custody action, or that names either of the parties or the child as beneficiaries without the consent of the other party or an order of the court. For the purposes of this section, "modifying" includes any change in beneficiary status;
(2) An injunction restraining both parties from harassing, threatening, assaulting, or abusing the other and from making disparaging remarks about the other to or in the presence of any children of the parties or to either party's employer;
(3) An injunction restraining and enjoining both parties from hiding, destroying, or spoiling, in whole or in part, any evidence that may be relevant to the custody proceeding, whether electronically stored on computer hard drives or other memory storage devices; and
(4) An injunction restraining both parties from relocating any child of the parties outside this state, or more than fifty (50) miles from the other parent, without the permission of the other party or a court order pursuant to § 36-6-108 , except in the case of a removal based upon a well-founded fear of physical abuse against either the fleeing parent or the child. In such case, upon request of the nonrelocating parent, the court shall conduct an expedited hearing, by telephone conference if appropriate, to determine the reasonableness of the relocation and to make such other orders as appropriate.
(b) To the extent that a current valid court order or parenting plan provides protections equal to or greater than those contained in the injunction, that order shall apply instead. The injunctions shall remain in effect until: (1) A final order in the custody proceeding is entered; (2) The petition is dismissed; (3) An agreed order is entered; or (4) The court modifies or dissolves the injunctions, written notice of which shall be served with the complaint.
(1) A final order in the custody proceeding is entered;
(2) The petition is dismissed;
(3) An agreed order is entered; or
(4) The court modifies or dissolves the injunctions, written notice of which shall be served with the complaint.
(c) The injunctions shall be attached to the summons and the complaint and shall be served with the complaint. The injunctions shall become an order of the court upon being served; provided, however, that nothing in this section shall preclude either party from applying to the court for further temporary orders, an expanded temporary injunction, or modification or revocation of the temporary injunction.
(d) The temporary injunctions provided in this section shall only apply to the parties named in the petition and shall not apply to any third party; provided, however, that nothing in this subsection (d) shall preclude any party from applying to the court for an order of injunctive or extraordinary relief against any other party named in any petition as provided by law.
Added by 2016 Tenn. Acts, ch. 734,s 1, eff. 7/1/2016.
Tenn. Code Ann. § 36-5-2507 — TN Code / Title 36 / Chapter 5 / Section 36-5-2507
Administrative enforcement of orders
Status: in_force

(a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state. (b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to parts 20-29 of this chapter. Acts 2010, ch. 901, § 1.
(a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.
(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to parts 20-29 of this chapter.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-802 — TN Code / Title 36 / Chapter 5 / Section 36-5-802
Administrative orders for parentage tests
Status: in_force

For the purpose of establishing paternity orders of support under the child support program established under Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.): (1) (A) The department of human services shall have the authority to issue an administrative order by the commissioner, authorized representative of the commissioner or the department's contractor directed to one (1) or more persons to order the genetic testing of the child, the mother and the putative father or fathers for the purpose of paternity establishment without the necessity of filing a paternity action; (B) If the department orders such tests, it shall pay the costs of such tests and may recoup such costs from the putative father upon establishment of the putative father's paternity of the child in question or upon establishment of an order of support of the child for whom paternity has been established; (2) The department may obtain additional testing by administrative order in any case in which an original test is contested upon request of and payment of the costs of such tests by the contestant. The party requesting the tests, other than the department, shall make advance payment for such tests; (3) The department may obtain additional tests at its request and may direct the parties by administrative order to attend and to undergo such tests. The department may recoup the costs of such tests it obtains at its request from the putative father upon establishment of the putative father's paternity of the child in question or upon establishment of an order of support of the child for whom paternity has been established. Acts 1997, ch. 551, § 11; 1998, ch. 1098, § 26.
For the purpose of establishing paternity orders of support under the child support program established under Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.):
(1) (A) The department of human services shall have the authority to issue an administrative order by the commissioner, authorized representative of the commissioner or the department's contractor directed to one (1) or more persons to order the genetic testing of the child, the mother and the putative father or fathers for the purpose of paternity establishment without the necessity of filing a paternity action; (B) If the department orders such tests, it shall pay the costs of such tests and may recoup such costs from the putative father upon establishment of the putative father's paternity of the child in question or upon establishment of an order of support of the child for whom paternity has been established;
(A) The department of human services shall have the authority to issue an administrative order by the commissioner, authorized representative of the commissioner or the department's contractor directed to one (1) or more persons to order the genetic testing of the child, the mother and the putative father or fathers for the purpose of paternity establishment without the necessity of filing a paternity action;
(B) If the department orders such tests, it shall pay the costs of such tests and may recoup such costs from the putative father upon establishment of the putative father's paternity of the child in question or upon establishment of an order of support of the child for whom paternity has been established;
(2) The department may obtain additional testing by administrative order in any case in which an original test is contested upon request of and payment of the costs of such tests by the contestant. The party requesting the tests, other than the department, shall make advance payment for such tests;
(3) The department may obtain additional tests at its request and may direct the parties by administrative order to attend and to undergo such tests. The department may recoup the costs of such tests it obtains at its request from the putative father upon establishment of the putative father's paternity of the child in question or upon establishment of an order of support of the child for whom paternity has been established.
Acts 1997, ch. 551, § 11; 1998, ch. 1098, § 26.
Tenn. Code Ann. § 36-3-602 — TN Code / Title 36 / Chapter 3 / Section 36-3-602
Petition - Venue
Status: in_force

(a) Any domestic abuse victim, stalking victim or sexual assault victim who has been subjected to, threatened with, or placed in fear of, domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense, may seek relief under this part by filing a sworn petition alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense by the respondent. (b) Any petition filed by an unemancipated person under eighteen (18) years of age shall be signed by one (1) of that person's parents or by that person's guardian. The petition may also be signed by a caseworker at a not-for-profit organization that receives funds pursuant to title 71, chapter 6, part 2 for family violence and child abuse prevention and shelters; provided, however, that a petition signed by a caseworker may not be filed against the unemancipated minor's parent or legal guardian. In such case, unless the court finds that the action would create a threat of serious harm to the minor, a copy of the petition, notice of hearing and any ex parte order of protection shall also be served on the parents of the minor child, or if the parents are not living together and jointly caring for the child, upon the primary residential parent. In cases before the juvenile court where the department of children's services is a party or where a guardian ad litem has been appointed for the child by the juvenile court, the petition may be filed on behalf of the unemancipated person by the department or the guardian ad litem. (c) Venue for a petition for an order of protection, and all other matters relating to orders of protection, shall be in the county where the respondent resides or the county in which the domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or human trafficking offense occurred. If the respondent is not a resident of Tennessee, the petition may be filed in the county where the petitioner resides. Amended by 2022 Tenn. Acts, ch. 1115, s 4, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1115, s 3, eff. 7/1/2022. Amended by 2018 Tenn. Acts, ch. 586, s 1, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 906, s 2, eff. 1/1/2017. Acts 1979, ch. 350, §§ 3, 16; T.C.A., § 36-1203; Acts 1987, ch. 270, § 1; 1997 , ch. 211, § 2; 1997 , ch. 459, § 2; 2002, ch. 646, § 3; 2005, ch. 75, § 2; 2005, ch. 257, § 1; 2005, ch. 381, § 3; 2006, ch. 871, § 1; 2007 , ch. 348, § 2.
(a) Any domestic abuse victim, stalking victim or sexual assault victim who has been subjected to, threatened with, or placed in fear of, domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense, may seek relief under this part by filing a sworn petition alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense by the respondent.
(b) Any petition filed by an unemancipated person under eighteen (18) years of age shall be signed by one (1) of that person's parents or by that person's guardian. The petition may also be signed by a caseworker at a not-for-profit organization that receives funds pursuant to title 71, chapter 6, part 2 for family violence and child abuse prevention and shelters; provided, however, that a petition signed by a caseworker may not be filed against the unemancipated minor's parent or legal guardian. In such case, unless the court finds that the action would create a threat of serious harm to the minor, a copy of the petition, notice of hearing and any ex parte order of protection shall also be served on the parents of the minor child, or if the parents are not living together and jointly caring for the child, upon the primary residential parent. In cases before the juvenile court where the department of children's services is a party or where a guardian ad litem has been appointed for the child by the juvenile court, the petition may be filed on behalf of the unemancipated person by the department or the guardian ad litem.
(c) Venue for a petition for an order of protection, and all other matters relating to orders of protection, shall be in the county where the respondent resides or the county in which the domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or human trafficking offense occurred. If the respondent is not a resident of Tennessee, the petition may be filed in the county where the petitioner resides.
Amended by 2022 Tenn. Acts, ch. 1115, s 4, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1115, s 3, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 586, s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 906, s 2, eff. 1/1/2017.
Acts 1979, ch. 350, §§ 3, 16; T.C.A., § 36-1203; Acts 1987, ch. 270, § 1; 1997 , ch. 211, § 2; 1997 , ch. 459, § 2; 2002, ch. 646, § 3; 2005, ch. 75, § 2; 2005, ch. 257, § 1; 2005, ch. 381, § 3; 2006, ch. 871, § 1; 2007 , ch. 348, § 2.
Tenn. Code Ann. § 36-5-2616 — TN Code / Title 36 / Chapter 5 / Section 36-5-2616
Procedure to register child support order of foreign country for modification
Status: in_force

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this state under §§ 36-5-2601-36-5-2608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification. Acts 2010 , ch. 901, § 1.
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this state under §§ 36-5-2601-36-5-2608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
Acts 2010 , ch. 901, § 1.
Tenn. Code Ann. § 36-3-617 — TN Code / Title 36 / Chapter 3 / Section 36-3-617
Protection order - Filing costs and assistance
Status: in_force

(a) (1) Notwithstanding any other law to the contrary, no domestic abuse victim, stalking victim, sexual assault victim, or victim of a felony offense under title 39, chapter 13, part 1, 2, 3, or 5 shall be required to bear the costs, including any court costs, filing fees, litigation taxes or any other costs associated with the filing, issuance, registration, service, dismissal or nonsuit, appeal or enforcement of an ex parte order of protection, order of protection, or a petition for either such order, whether issued inside or outside the state. If the court, after the hearing on the petition, issues or extends an order of protection, all court costs, filing fees, litigation taxes and attorney fees shall be assessed against the respondent. (2) If the court does not issue or extend an order of protection, the court may assess all court costs, filing fees, litigation taxes and attorney fees against the petitioner if the court makes the following finding by clear and convincing evidence: (A) The petitioner is not a domestic abuse victim, stalking victim, sexual assault victim, or victim of a felony offense under title 39, chapter 13, part 1, 2, 3, or 5 and that such determination is not based on the fact that the petitioner requested that the petition be dismissed, failed to attend the hearing or incorrectly filled out the petition; and (B) The petitioner knew that the allegation of domestic abuse, stalking, sexual assault, or felony offense under title 39, chapter 13, part 1, 2, 3, or 5 was false at the time the petition was filed. (b) (1) The clerk of the court may provide order of protection petition forms to agencies that provide domestic violence assistance. (2) Any agency that meets with a victim in person and recommends that an order of protection be sought shall assist the victim in the completion of the form petition for filing with the clerk. (3) No agency shall be required to provide this assistance unless it has been provided with the appropriate forms by the clerk. Amended by 2021 Tenn. Acts, ch. 60, Secs.s3, s4 eff. 7/1/2021. Acts 1995, ch. 410, § 3; 1997 , ch. 459, § 4; 2002, ch. 666, § 1; 2007 , ch. 348, § 3; 2008 , ch. 1074, § 1; 2009 , ch. 263, § 1; 2011 , ch. 402, § 1.
(a) (1) Notwithstanding any other law to the contrary, no domestic abuse victim, stalking victim, sexual assault victim, or victim of a felony offense under title 39, chapter 13, part 1, 2, 3, or 5 shall be required to bear the costs, including any court costs, filing fees, litigation taxes or any other costs associated with the filing, issuance, registration, service, dismissal or nonsuit, appeal or enforcement of an ex parte order of protection, order of protection, or a petition for either such order, whether issued inside or outside the state. If the court, after the hearing on the petition, issues or extends an order of protection, all court costs, filing fees, litigation taxes and attorney fees shall be assessed against the respondent. (2) If the court does not issue or extend an order of protection, the court may assess all court costs, filing fees, litigation taxes and attorney fees against the petitioner if the court makes the following finding by clear and convincing evidence: (A) The petitioner is not a domestic abuse victim, stalking victim, sexual assault victim, or victim of a felony offense under title 39, chapter 13, part 1, 2, 3, or 5 and that such determination is not based on the fact that the petitioner requested that the petition be dismissed, failed to attend the hearing or incorrectly filled out the petition; and (B) The petitioner knew that the allegation of domestic abuse, stalking, sexual assault, or felony offense under title 39, chapter 13, part 1, 2, 3, or 5 was false at the time the petition was filed.
(1) Notwithstanding any other law to the contrary, no domestic abuse victim, stalking victim, sexual assault victim, or victim of a felony offense under title 39, chapter 13, part 1, 2, 3, or 5 shall be required to bear the costs, including any court costs, filing fees, litigation taxes or any other costs associated with the filing, issuance, registration, service, dismissal or nonsuit, appeal or enforcement of an ex parte order of protection, order of protection, or a petition for either such order, whether issued inside or outside the state. If the court, after the hearing on the petition, issues or extends an order of protection, all court costs, filing fees, litigation taxes and attorney fees shall be assessed against the respondent.
(2) If the court does not issue or extend an order of protection, the court may assess all court costs, filing fees, litigation taxes and attorney fees against the petitioner if the court makes the following finding by clear and convincing evidence: (A) The petitioner is not a domestic abuse victim, stalking victim, sexual assault victim, or victim of a felony offense under title 39, chapter 13, part 1, 2, 3, or 5 and that such determination is not based on the fact that the petitioner requested that the petition be dismissed, failed to attend the hearing or incorrectly filled out the petition; and (B) The petitioner knew that the allegation of domestic abuse, stalking, sexual assault, or felony offense under title 39, chapter 13, part 1, 2, 3, or 5 was false at the time the petition was filed.
(A) The petitioner is not a domestic abuse victim, stalking victim, sexual assault victim, or victim of a felony offense under title 39, chapter 13, part 1, 2, 3, or 5 and that such determination is not based on the fact that the petitioner requested that the petition be dismissed, failed to attend the hearing or incorrectly filled out the petition; and
(B) The petitioner knew that the allegation of domestic abuse, stalking, sexual assault, or felony offense under title 39, chapter 13, part 1, 2, 3, or 5 was false at the time the petition was filed.
(b) (1) The clerk of the court may provide order of protection petition forms to agencies that provide domestic violence assistance. (2) Any agency that meets with a victim in person and recommends that an order of protection be sought shall assist the victim in the completion of the form petition for filing with the clerk. (3) No agency shall be required to provide this assistance unless it has been provided with the appropriate forms by the clerk.
(1) The clerk of the court may provide order of protection petition forms to agencies that provide domestic violence assistance.
(2) Any agency that meets with a victim in person and recommends that an order of protection be sought shall assist the victim in the completion of the form petition for filing with the clerk.
(3) No agency shall be required to provide this assistance unless it has been provided with the appropriate forms by the clerk.
Amended by 2021 Tenn. Acts, ch. 60, Secs.s3, s4 eff. 7/1/2021.
Acts 1995, ch. 410, § 3; 1997 , ch. 459, § 4; 2002, ch. 666, § 1; 2007 , ch. 348, § 3; 2008 , ch. 1074, § 1; 2009 , ch. 263, § 1; 2011 , ch. 402, § 1.
Tenn. Code Ann. § 36-4-101 — TN Code / Title 36 / Chapter 4 / Section 36-4-101
Grounds for divorce from bonds of matrimony
Status: in_force

(a) The following are causes of divorce from the bonds of matrimony: (1) Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation; (2) Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting; (3) Either party has committed adultery; (4) Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year; (5) Being convicted of any crime that, by the laws of the state, renders the party infamous; (6) Being convicted of a crime that, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary; (7) Either party has attempted the life of the other, by poison or any other means showing malice; (8) Refusal, on the part of a spouse, to remove with that person's spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years; (9) The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband; (10) Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage; (11) The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct; (12) The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw; (13) The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to so provide; (14) Irreconcilable differences between the parties; and (15) For a continuous period of two (2) or more years that commenced prior to or after April 18, 1985, both parties have lived in separate residences, have not cohabited as man and wife during such period, and there are no minor children of the parties. (b) A complaint or petition for divorce on any ground for divorce listed in this section must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age, and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age. The sixty-day or ninety-day period shall commence on the date the complaint or petition is filed. Code 1858, § 2448 (deriv. Acts 1819, ch. 20, § 2; 1835-1836, ch. 26, §§ 1, 2; 1841-1842, ch. 133, § 3; 1843-1844, ch. 176, § 1); Acts 1867-1868, ch. 63, § 1; 1867-1868, ch. 68, § 1; Shan., § 4201; mod. Code 1932, § 8426; Acts 1961, ch. 168, § 1; 1972, ch. 679, § 1; 1977, ch. 107, § 1; 1978, ch. 577, § 1; 1981, ch. 311, § 1; 1981, ch. 420, § 1; 1981, ch. 532, § 1; 1982, ch. 853, § 2; T.C.A. (orig. ed.), § 36-801(I); Acts 1985, ch. 178, § 1; 1989, ch. 393, § 1; 1998, ch. 1059, §1; 2007 , ch. 519, § 1.
(a) The following are causes of divorce from the bonds of matrimony: (1) Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation; (2) Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting; (3) Either party has committed adultery; (4) Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year; (5) Being convicted of any crime that, by the laws of the state, renders the party infamous; (6) Being convicted of a crime that, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary; (7) Either party has attempted the life of the other, by poison or any other means showing malice; (8) Refusal, on the part of a spouse, to remove with that person's spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years; (9) The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband; (10) Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage; (11) The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct; (12) The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw; (13) The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to so provide; (14) Irreconcilable differences between the parties; and (15) For a continuous period of two (2) or more years that commenced prior to or after April 18, 1985, both parties have lived in separate residences, have not cohabited as man and wife during such period, and there are no minor children of the parties.
(1) Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation;
(2) Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting;
(3) Either party has committed adultery;
(4) Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year;
(5) Being convicted of any crime that, by the laws of the state, renders the party infamous;
(6) Being convicted of a crime that, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary;
(7) Either party has attempted the life of the other, by poison or any other means showing malice;
(8) Refusal, on the part of a spouse, to remove with that person's spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years;
(9) The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband;
(10) Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage;
(11) The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct;
(12) The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw;
(13) The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to so provide;
(14) Irreconcilable differences between the parties; and
(15) For a continuous period of two (2) or more years that commenced prior to or after April 18, 1985, both parties have lived in separate residences, have not cohabited as man and wife during such period, and there are no minor children of the parties.
(b) A complaint or petition for divorce on any ground for divorce listed in this section must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age, and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age. The sixty-day or ninety-day period shall commence on the date the complaint or petition is filed.
Code 1858, § 2448 (deriv. Acts 1819, ch. 20, § 2; 1835-1836, ch. 26, §§ 1, 2; 1841-1842, ch. 133, § 3; 1843-1844, ch. 176, § 1); Acts 1867-1868, ch. 63, § 1; 1867-1868, ch. 68, § 1; Shan., § 4201; mod. Code 1932, § 8426; Acts 1961, ch. 168, § 1; 1972, ch. 679, § 1; 1977, ch. 107, § 1; 1978, ch. 577, § 1; 1981, ch. 311, § 1; 1981, ch. 420, § 1; 1981, ch. 532, § 1; 1982, ch. 853, § 2; T.C.A. (orig. ed.), § 36-801(I); Acts 1985, ch. 178, § 1; 1989, ch. 393, § 1; 1998, ch. 1059, §1; 2007 , ch. 519, § 1.
Tenn. Code Ann. § 36-2-319 — TN Code / Title 36 / Chapter 2 / Section 36-2-319
Enrollment of child in supporting party's health care plan
Status: in_force

(a) In any case in which the court enters an order of support in a case enforced under Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), the court shall enter an order providing for health care coverage to be provided for the child or children. (b) Section 36-5-501(a)(3) shall apply with respect to enrollment of a child in the noncustodial parent's employer-based health care plan. Acts 1997, ch. 551, § 23; 2001, ch. 447, § 2.
(a) In any case in which the court enters an order of support in a case enforced under Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), the court shall enter an order providing for health care coverage to be provided for the child or children.
(b) Section 36-5-501(a)(3) shall apply with respect to enrollment of a child in the noncustodial parent's employer-based health care plan.
Acts 1997, ch. 551, § 23; 2001, ch. 447, § 2.
Tenn. Code Ann. § 36-6-111 — TN Code / Title 36 / Chapter 6 / Section 36-6-111
Stay of interlocutory or final judgment
Status: in_force

Notwithstanding any law to the contrary, in all actions that award, change, or affect the custody of a minor child, an interlocutory, or final judgment by any court in this state shall not be stayed after entry, unless otherwise ordered by that court and upon such terms as to bond or otherwise as it deems proper to secure the other party. Acts 2004, ch. 647, § 1.
Notwithstanding any law to the contrary, in all actions that award, change, or affect the custody of a minor child, an interlocutory, or final judgment by any court in this state shall not be stayed after entry, unless otherwise ordered by that court and upon such terms as to bond or otherwise as it deems proper to secure the other party.
Acts 2004, ch. 647, § 1.
Tenn. Code Ann. § 36-2-315 — TN Code / Title 36 / Chapter 2 / Section 36-2-315
Appeals
Status: in_force

An appeal from any final order of parentage as provided for in this chapter may be taken to the court of appeals pursuant to the Tennessee Rules of Appellate Procedure. Acts 1997, ch. 477, § 1.
An appeal from any final order of parentage as provided for in this chapter may be taken to the court of appeals pursuant to the Tennessee Rules of Appellate Procedure.
Acts 1997, ch. 477, § 1.
Tenn. Code Ann. § 36-6-107 — TN Code / Title 36 / Chapter 6 / Section 36-6-107
Mediation in cases involving domestic abuse
Status: in_force

(a) In any proceeding concerning the custody 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. (b) Where the court makes findings of child abuse or child sexual abuse under former § 36-6-106(a)(8) , the court may only award visitation under circumstances that guarantee the safety of the child. In order to guarantee the safety of the child, the court may order: (1) That all visits be supervised by a responsible adult or agency, the costs to be primarily borne by the perpetrating parent; (2) That the perpetrating parent attend and complete a program of counseling or other intervention as a precondition to visitation; (3) That overnight visitation be prohibited until such time that the perpetrating parent has completed court ordered counseling or intervention, or otherwise demonstrated a change in circumstances that guarantees the safety of the child; (4) That the address of the child and the nonperpetrating parent be kept confidential; and (5) Any other conditions the court deems necessary and proper to guarantee the safety of the child. Acts 1997, ch. 350, § 2; 1998, ch. 1095, § 4.
(a) In any proceeding concerning the custody 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.
(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.
(b) Where the court makes findings of child abuse or child sexual abuse under former § 36-6-106(a)(8) , the court may only award visitation under circumstances that guarantee the safety of the child. In order to guarantee the safety of the child, the court may order: (1) That all visits be supervised by a responsible adult or agency, the costs to be primarily borne by the perpetrating parent; (2) That the perpetrating parent attend and complete a program of counseling or other intervention as a precondition to visitation; (3) That overnight visitation be prohibited until such time that the perpetrating parent has completed court ordered counseling or intervention, or otherwise demonstrated a change in circumstances that guarantees the safety of the child; (4) That the address of the child and the nonperpetrating parent be kept confidential; and (5) Any other conditions the court deems necessary and proper to guarantee the safety of the child.
(1) That all visits be supervised by a responsible adult or agency, the costs to be primarily borne by the perpetrating parent;
(2) That the perpetrating parent attend and complete a program of counseling or other intervention as a precondition to visitation;
(3) That overnight visitation be prohibited until such time that the perpetrating parent has completed court ordered counseling or intervention, or otherwise demonstrated a change in circumstances that guarantees the safety of the child;
(4) That the address of the child and the nonperpetrating parent be kept confidential; and
(5) Any other conditions the court deems necessary and proper to guarantee the safety of the child.
Acts 1997, ch. 350, § 2; 1998, ch. 1095, § 4.
Tenn. Code Ann. § 36-6-105 — TN Code / Title 36 / Chapter 6 / Section 36-6-105
Schools or day care centers - Change in physical custody of child
Status: in_force

No school official shall permit a change in the physical custody of a child at such official's school or day care center unless: (1) The person seeking custody of the child presents the school official with a certified copy of a valid court order from a Tennessee court placing custody of such child in such person; and (2) The person seeking custody gives the school official reasonable advance notice of such person's intent to take custody of such child at such official's school or day care center. Acts 1992, ch. 963, § 1.
No school official shall permit a change in the physical custody of a child at such official's school or day care center unless:
(1) The person seeking custody of the child presents the school official with a certified copy of a valid court order from a Tennessee court placing custody of such child in such person; and
(2) The person seeking custody gives the school official reasonable advance notice of such person's intent to take custody of such child at such official's school or day care center.
Acts 1992, ch. 963, § 1.
Tenn. Code Ann. § 36-3-503 — TN Code / Title 36 / Chapter 3 / Section 36-3-503
Antenuptial debts of wife - Nonliability of husband
Status: in_force

No husband shall be liable for the debts, contracts or obligations of the wife incurred by the wife previous to marriage. Acts 1877, ch. 79, § 1; Shan., § 4238; mod. 1932, § 8459; T.C.A. (orig. ed.), § 36-604.
No husband shall be liable for the debts, contracts or obligations of the wife incurred by the wife previous to marriage.
Acts 1877, ch. 79, § 1; Shan., § 4238; mod. 1932, § 8459; T.C.A. (orig. ed.), § 36-604.
Tenn. Code Ann. § 36-6-232 — TN Code / Title 36 / Chapter 6 / Section 36-6-232
Verification and contents of petition for enforcement - Order for respondent to appear
Status: in_force

(a) A petition under this part must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (b) A petition for enforcement of a child-custody determination must state: (1) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was; (2) Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this part and, if so, identify the court, the case number, and the nature of the proceeding; (3) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; (4) The present physical address of the child and the respondent, if known; (5) Whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and (6) If the child custody determination has been registered and confirmed under § 36-6-229 , the date and place of registration. (c) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner. (d) An order issued under subsection (c) must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under § 36-6-236 , and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that: (1) The child-custody determination has not been registered and confirmed under § 36-6-229 and that: (A) The issuing court did not have jurisdiction under this part; (B) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under this part; (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 36-6-211 , in the proceedings before the court that issued the order for which enforcement is sought; or (2) The child-custody determination for which enforcement is sought was registered and confirmed under § 36-6-229 , but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part. Acts 1999, ch. 389, § 33.
(a) A petition under this part must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.
(b) A petition for enforcement of a child-custody determination must state: (1) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was; (2) Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this part and, if so, identify the court, the case number, and the nature of the proceeding; (3) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; (4) The present physical address of the child and the respondent, if known; (5) Whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and (6) If the child custody determination has been registered and confirmed under § 36-6-229 , the date and place of registration.
(1) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;
(2) Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this part and, if so, identify the court, the case number, and the nature of the proceeding;
(3) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;
(4) The present physical address of the child and the respondent, if known;
(5) Whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and
(6) If the child custody determination has been registered and confirmed under § 36-6-229 , the date and place of registration.
(c) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.
(d) An order issued under subsection (c) must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under § 36-6-236 , and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that: (1) The child-custody determination has not been registered and confirmed under § 36-6-229 and that: (A) The issuing court did not have jurisdiction under this part; (B) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under this part; (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 36-6-211 , in the proceedings before the court that issued the order for which enforcement is sought; or (2) The child-custody determination for which enforcement is sought was registered and confirmed under § 36-6-229 , but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part.
(1) The child-custody determination has not been registered and confirmed under § 36-6-229 and that: (A) The issuing court did not have jurisdiction under this part; (B) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under this part; (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 36-6-211 , in the proceedings before the court that issued the order for which enforcement is sought; or
(A) The issuing court did not have jurisdiction under this part;
(B) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under this part;
(C) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 36-6-211 , in the proceedings before the court that issued the order for which enforcement is sought; or
(2) The child-custody determination for which enforcement is sought was registered and confirmed under § 36-6-229 , but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part.
Acts 1999, ch. 389, § 33.
Tenn. Code Ann. § 36-5-1106 — TN Code / Title 36 / Chapter 5 / Section 36-5-1106
Use of information by department
Status: in_force

(a) The department shall use the information received pursuant to § 36-5-1102 to locate individuals for purposes of establishing paternity and establishing, modifying and enforcing child support obligations and may disclose such information to any agent of the department that is under contract with the department to carry out such purposes. (b) The commissioner shall make available information collected pursuant to this part to state or local agencies or their contractors, or agents in this state or their counterparts in any other state or territory who determine financial or medical assistance as permitted under § 1137(b) of the Social Security Act ( 42 U.S.C. § 1320b-7(b) ), as it may be amended; to any state program operated under a plan approved under Titles I, X, and XIV of the Social Security Act ( 42 U.S.C. §§ 301 et seq., 1201 et seq., and 1351 et seq.), respectively; to any agencies administering the worker's compensation program of a state or territory; to any agencies administering the Tennessee Lawful Employment Act, compiled in title 50, chapter 1, part 7; and to the Title IV-D agency in this state, its local offices and its contractors, whether public or private, and the Title IV-D agency's counterparts in other states or territories, their local offices and their contractors, whether public or private, for use in locating absent parents, and for use in establishing, enforcing and modifying child support orders; and to the federal government as required by statute or regulation. The department may charge a fee to cover the costs of the provision of such information to any other state or local government entities that may be conducting eligibility determinations or who are conducting programs under this subsection (b). (c) No further disclosures shall be made except as authorized pursuant to this section or § 71-1-131 . Disclosure in violation of this section shall be a Class C misdemeanor. Amended by 2016 Tenn. Acts, ch. 828, s 20, eff. 7/1/2016. Acts 1997 , ch. 551, § 1.
(a) The department shall use the information received pursuant to § 36-5-1102 to locate individuals for purposes of establishing paternity and establishing, modifying and enforcing child support obligations and may disclose such information to any agent of the department that is under contract with the department to carry out such purposes.
(b) The commissioner shall make available information collected pursuant to this part to state or local agencies or their contractors, or agents in this state or their counterparts in any other state or territory who determine financial or medical assistance as permitted under § 1137(b) of the Social Security Act ( 42 U.S.C. § 1320b-7(b) ), as it may be amended; to any state program operated under a plan approved under Titles I, X, and XIV of the Social Security Act ( 42 U.S.C. §§ 301 et seq., 1201 et seq., and 1351 et seq.), respectively; to any agencies administering the worker's compensation program of a state or territory; to any agencies administering the Tennessee Lawful Employment Act, compiled in title 50, chapter 1, part 7; and to the Title IV-D agency in this state, its local offices and its contractors, whether public or private, and the Title IV-D agency's counterparts in other states or territories, their local offices and their contractors, whether public or private, for use in locating absent parents, and for use in establishing, enforcing and modifying child support orders; and to the federal government as required by statute or regulation. The department may charge a fee to cover the costs of the provision of such information to any other state or local government entities that may be conducting eligibility determinations or who are conducting programs under this subsection (b).
(c) No further disclosures shall be made except as authorized pursuant to this section or § 71-1-131 . Disclosure in violation of this section shall be a Class C misdemeanor.
Amended by 2016 Tenn. Acts, ch. 828, s 20, eff. 7/1/2016.
Acts 1997 , ch. 551, § 1.
Tenn. Code Ann. § 36-1-120 — TN Code / Title 36 / Chapter 1 / Section 36-1-120
Final order of adoption - Contents - Report of foreign birth
Status: in_force

(a) The final order of adoption must state: (1) The full name of the child used in the proceeding; (2) The full names of the petitioners and their county of residence and whether the petitioner is a stepparent of the adopted person; (3) The fact and date of the filing of the petition; (4) The date when the petitioners acquired physical custody of the child and from what person or agency or by which court order; (5) The fact and date of the filing of a guardianship order, if such order has been entered; (6) (A) That all persons entitled to notice of the proceedings have been served with process and the status of those persons in the proceedings and that all necessary parties were properly before the court; (B) That the time for answering the petition has expired; (C) That termination of all parental or guardian rights to the child by court order or surrenders or parental consents that are necessary to proceed with the adoption have occurred; and (D) That orders reflecting the termination of parental rights pursuant to actions filed by the prospective adoptive parents, orders confirming parental consents, or the consents of the department or a licensed child-placing agency with authority to place and consent to the child's adoption, the consent of the child who is over fourteen (14) years of age, the consent of the guardian ad litem of an incompetent adult or mentally disabled child, or of any other person or entity required by law have been filed in the court record; (7) That if the child has been brought into Tennessee from another state or foreign country, there has been compliance with the ICPC, if applicable, or with the requirements of the foreign government or legal authorities in the foreign country for the petitioners to have custody of the child and with all requirements of the United States government for the immigration of the child to this country, unless good cause has been shown to excuse such compliance; (8) That the child's adoption is in compliance with or is not subject to the Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1901 et seq.); (9) Whether the child has been the subject of an adoption decree in a foreign country in which the petitioners were given the child in adoption by such decree and whether this adoption is a readoption for the purpose of complying with the requirements of the United States government for the purposes of the child's immigration or naturalization; (10) That the petitioners are fit persons to have the care and custody of the child; (11) That the petitioners are financially able to provide for the child; (12) That the child is a suitable child for adoption; and (13) That the adoption is for the best interest of the child. (b) Before the entry of the final order, there shall be filed with the proposed order: (1) An affidavit by the attorney for the petitioners detailing the fees charged for any services rendered in the placement of the child or for legal services, and any fees paid by the attorney to any other person or entity for services rendered in securing the placement of the child or for providing any services related to securing any home studies to secure a surrender or adoption of the child; and (2) An affidavit by the licensed child-placing agency or licensed clinical social worker that or who placed the child with the petitioners regarding the fees charged by such agency or social worker to the adoptive parents for the placement of the child and for any home studies and supervision of the placement conducted by the licensed child-placing agency or by the licensed clinical social worker. (c) The court shall review the affidavits required in subsection (b) and shall determine whether all fees set forth therein are reasonable. The court shall retroactively approve such fees or order reimbursement of any fees it determines to be unreasonable. (d) The court shall, if satisfied that all the requirements necessary for the adoption of the child are present, thereupon decree the adoption of the child by the petitioners and shall order that the name of the child be changed to that requested by the petitioners. (e) (1) The clerk of the court shall furnish the department a certified copy of all final orders of adoption and the affidavits required under subsection (b) or final orders dismissing the adoption proceedings, and the department shall record pertinent information from the order, and the department shall maintain a copy of the order with all other information in the sealed adoption record. (2) Upon entry of the final order of adoption by the court, the clerk of the court shall simultaneously furnish the adoptive parents or their attorney a certified copy of the order of adoption. (f) (1) All orders of adoption, readoption, or foreign recognition, as authorized by § 36-1-106(c) , must be reported by the clerk or by the petitioner's or petitioners' attorney to the division of vital records of the department of health for children born in this state or in a foreign country by sending a certified copy of the order and certificate of adoption and by reporting the information required by that division for a new certificate of birth or for a report of foreign birth for the child to the registrar of the division of vital records for preparation of a new certificate of birth by adoption as provided in §§ 68-3-310 - 68-3-313. This section does not prohibit court clerks from certifying or issuing any certificate of adoption forms as may be required by the state of the child's birth. (2) The court clerk or the petitioner's or petitioners' attorney shall supply the registrar of the division of vital records the following information for the preparation of a Report of Foreign Birth if the child who has been adopted was born in a foreign country: (A) The full adoptive name of the child; (B) The adopted child's date of birth; (C) The adopted child's sex; (D) The city, province and country of the adopted child's birth; (E) The full name of the adoptive father; (F) The full maiden name of the adoptive mother; and (G) The legal residence of the adoptive parents. (3) Upon entry of the order of adoption, readoption, or foreign recognition by the court, as authorized by § 36-1-106(c) , the court clerk shall immediately furnish to the division of vital records, or to the adoptive parents or parents' attorney, the necessary documents listed in subdivisions (f)(1) and (2) for the issuance of a new birth certificate by adoption or report of a foreign order. (g) Costs for furnishing certified copies under subsections (e) and (f) shall be taxed to the petitioners. (h) Notwithstanding the sealing and confidentiality of adoption records pursuant to this part, the clerk of the court in which adoption proceedings have occurred, upon being furnished verification of the identity of the requesting person, shall furnish to the adopted person, adoptive parents or their attorney or attorneys, upon their request at any time, certified copies of the final order of adoption or readoption or final orders dismissing such adoption proceedings. Nothing other than certified copies of the final order of adoption or readoption or final order dismissing such adoption proceedings shall be released pursuant to this subsection (h). Amended by 2024 Tenn. Acts, ch. 996,s 20, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 945,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 945,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 945,s 1, eff. 7/1/2024. Acts 1951, ch. 202, § 22 (Williams, § 9572.36); Acts 1959, ch. 223, § 10; impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 36-125; § 36-1-125 ; Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 128; 2003 , ch. 231, § 15.
(a) The final order of adoption must state: (1) The full name of the child used in the proceeding; (2) The full names of the petitioners and their county of residence and whether the petitioner is a stepparent of the adopted person; (3) The fact and date of the filing of the petition; (4) The date when the petitioners acquired physical custody of the child and from what person or agency or by which court order; (5) The fact and date of the filing of a guardianship order, if such order has been entered; (6) (A) That all persons entitled to notice of the proceedings have been served with process and the status of those persons in the proceedings and that all necessary parties were properly before the court; (B) That the time for answering the petition has expired; (C) That termination of all parental or guardian rights to the child by court order or surrenders or parental consents that are necessary to proceed with the adoption have occurred; and (D) That orders reflecting the termination of parental rights pursuant to actions filed by the prospective adoptive parents, orders confirming parental consents, or the consents of the department or a licensed child-placing agency with authority to place and consent to the child's adoption, the consent of the child who is over fourteen (14) years of age, the consent of the guardian ad litem of an incompetent adult or mentally disabled child, or of any other person or entity required by law have been filed in the court record; (7) That if the child has been brought into Tennessee from another state or foreign country, there has been compliance with the ICPC, if applicable, or with the requirements of the foreign government or legal authorities in the foreign country for the petitioners to have custody of the child and with all requirements of the United States government for the immigration of the child to this country, unless good cause has been shown to excuse such compliance; (8) That the child's adoption is in compliance with or is not subject to the Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1901 et seq.); (9) Whether the child has been the subject of an adoption decree in a foreign country in which the petitioners were given the child in adoption by such decree and whether this adoption is a readoption for the purpose of complying with the requirements of the United States government for the purposes of the child's immigration or naturalization; (10) That the petitioners are fit persons to have the care and custody of the child; (11) That the petitioners are financially able to provide for the child; (12) That the child is a suitable child for adoption; and (13) That the adoption is for the best interest of the child.
(1) The full name of the child used in the proceeding;
(2) The full names of the petitioners and their county of residence and whether the petitioner is a stepparent of the adopted person;
(3) The fact and date of the filing of the petition;
(4) The date when the petitioners acquired physical custody of the child and from what person or agency or by which court order;
(5) The fact and date of the filing of a guardianship order, if such order has been entered;
(6) (A) That all persons entitled to notice of the proceedings have been served with process and the status of those persons in the proceedings and that all necessary parties were properly before the court; (B) That the time for answering the petition has expired; (C) That termination of all parental or guardian rights to the child by court order or surrenders or parental consents that are necessary to proceed with the adoption have occurred; and (D) That orders reflecting the termination of parental rights pursuant to actions filed by the prospective adoptive parents, orders confirming parental consents, or the consents of the department or a licensed child-placing agency with authority to place and consent to the child's adoption, the consent of the child who is over fourteen (14) years of age, the consent of the guardian ad litem of an incompetent adult or mentally disabled child, or of any other person or entity required by law have been filed in the court record;
(A) That all persons entitled to notice of the proceedings have been served with process and the status of those persons in the proceedings and that all necessary parties were properly before the court;
(B) That the time for answering the petition has expired;
(C) That termination of all parental or guardian rights to the child by court order or surrenders or parental consents that are necessary to proceed with the adoption have occurred; and
(D) That orders reflecting the termination of parental rights pursuant to actions filed by the prospective adoptive parents, orders confirming parental consents, or the consents of the department or a licensed child-placing agency with authority to place and consent to the child's adoption, the consent of the child who is over fourteen (14) years of age, the consent of the guardian ad litem of an incompetent adult or mentally disabled child, or of any other person or entity required by law have been filed in the court record;
(7) That if the child has been brought into Tennessee from another state or foreign country, there has been compliance with the ICPC, if applicable, or with the requirements of the foreign government or legal authorities in the foreign country for the petitioners to have custody of the child and with all requirements of the United States government for the immigration of the child to this country, unless good cause has been shown to excuse such compliance;
(8) That the child's adoption is in compliance with or is not subject to the Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1901 et seq.);
(9) Whether the child has been the subject of an adoption decree in a foreign country in which the petitioners were given the child in adoption by such decree and whether this adoption is a readoption for the purpose of complying with the requirements of the United States government for the purposes of the child's immigration or naturalization;
(10) That the petitioners are fit persons to have the care and custody of the child;
(11) That the petitioners are financially able to provide for the child;
(12) That the child is a suitable child for adoption; and
(13) That the adoption is for the best interest of the child.
(b) Before the entry of the final order, there shall be filed with the proposed order: (1) An affidavit by the attorney for the petitioners detailing the fees charged for any services rendered in the placement of the child or for legal services, and any fees paid by the attorney to any other person or entity for services rendered in securing the placement of the child or for providing any services related to securing any home studies to secure a surrender or adoption of the child; and (2) An affidavit by the licensed child-placing agency or licensed clinical social worker that or who placed the child with the petitioners regarding the fees charged by such agency or social worker to the adoptive parents for the placement of the child and for any home studies and supervision of the placement conducted by the licensed child-placing agency or by the licensed clinical social worker.
(1) An affidavit by the attorney for the petitioners detailing the fees charged for any services rendered in the placement of the child or for legal services, and any fees paid by the attorney to any other person or entity for services rendered in securing the placement of the child or for providing any services related to securing any home studies to secure a surrender or adoption of the child; and
(2) An affidavit by the licensed child-placing agency or licensed clinical social worker that or who placed the child with the petitioners regarding the fees charged by such agency or social worker to the adoptive parents for the placement of the child and for any home studies and supervision of the placement conducted by the licensed child-placing agency or by the licensed clinical social worker.
(c) The court shall review the affidavits required in subsection (b) and shall determine whether all fees set forth therein are reasonable. The court shall retroactively approve such fees or order reimbursement of any fees it determines to be unreasonable.
(d) The court shall, if satisfied that all the requirements necessary for the adoption of the child are present, thereupon decree the adoption of the child by the petitioners and shall order that the name of the child be changed to that requested by the petitioners.
(e) (1) The clerk of the court shall furnish the department a certified copy of all final orders of adoption and the affidavits required under subsection (b) or final orders dismissing the adoption proceedings, and the department shall record pertinent information from the order, and the department shall maintain a copy of the order with all other information in the sealed adoption record. (2) Upon entry of the final order of adoption by the court, the clerk of the court shall simultaneously furnish the adoptive parents or their attorney a certified copy of the order of adoption.
(1) The clerk of the court shall furnish the department a certified copy of all final orders of adoption and the affidavits required under subsection (b) or final orders dismissing the adoption proceedings, and the department shall record pertinent information from the order, and the department shall maintain a copy of the order with all other information in the sealed adoption record.
(2) Upon entry of the final order of adoption by the court, the clerk of the court shall simultaneously furnish the adoptive parents or their attorney a certified copy of the order of adoption.
(f) (1) All orders of adoption, readoption, or foreign recognition, as authorized by § 36-1-106(c) , must be reported by the clerk or by the petitioner's or petitioners' attorney to the division of vital records of the department of health for children born in this state or in a foreign country by sending a certified copy of the order and certificate of adoption and by reporting the information required by that division for a new certificate of birth or for a report of foreign birth for the child to the registrar of the division of vital records for preparation of a new certificate of birth by adoption as provided in §§ 68-3-310 - 68-3-313. This section does not prohibit court clerks from certifying or issuing any certificate of adoption forms as may be required by the state of the child's birth. (2) The court clerk or the petitioner's or petitioners' attorney shall supply the registrar of the division of vital records the following information for the preparation of a Report of Foreign Birth if the child who has been adopted was born in a foreign country: (A) The full adoptive name of the child; (B) The adopted child's date of birth; (C) The adopted child's sex; (D) The city, province and country of the adopted child's birth; (E) The full name of the adoptive father; (F) The full maiden name of the adoptive mother; and (G) The legal residence of the adoptive parents. (3) Upon entry of the order of adoption, readoption, or foreign recognition by the court, as authorized by § 36-1-106(c) , the court clerk shall immediately furnish to the division of vital records, or to the adoptive parents or parents' attorney, the necessary documents listed in subdivisions (f)(1) and (2) for the issuance of a new birth certificate by adoption or report of a foreign order.
(1) All orders of adoption, readoption, or foreign recognition, as authorized by § 36-1-106(c) , must be reported by the clerk or by the petitioner's or petitioners' attorney to the division of vital records of the department of health for children born in this state or in a foreign country by sending a certified copy of the order and certificate of adoption and by reporting the information required by that division for a new certificate of birth or for a report of foreign birth for the child to the registrar of the division of vital records for preparation of a new certificate of birth by adoption as provided in §§ 68-3-310 - 68-3-313. This section does not prohibit court clerks from certifying or issuing any certificate of adoption forms as may be required by the state of the child's birth.
(2) The court clerk or the petitioner's or petitioners' attorney shall supply the registrar of the division of vital records the following information for the preparation of a Report of Foreign Birth if the child who has been adopted was born in a foreign country: (A) The full adoptive name of the child; (B) The adopted child's date of birth; (C) The adopted child's sex; (D) The city, province and country of the adopted child's birth; (E) The full name of the adoptive father; (F) The full maiden name of the adoptive mother; and (G) The legal residence of the adoptive parents.
(A) The full adoptive name of the child;
(B) The adopted child's date of birth;
(C) The adopted child's sex;
(D) The city, province and country of the adopted child's birth;
(E) The full name of the adoptive father;
(F) The full maiden name of the adoptive mother; and
(G) The legal residence of the adoptive parents.
(3) Upon entry of the order of adoption, readoption, or foreign recognition by the court, as authorized by § 36-1-106(c) , the court clerk shall immediately furnish to the division of vital records, or to the adoptive parents or parents' attorney, the necessary documents listed in subdivisions (f)(1) and (2) for the issuance of a new birth certificate by adoption or report of a foreign order.
(g) Costs for furnishing certified copies under subsections (e) and (f) shall be taxed to the petitioners.
(h) Notwithstanding the sealing and confidentiality of adoption records pursuant to this part, the clerk of the court in which adoption proceedings have occurred, upon being furnished verification of the identity of the requesting person, shall furnish to the adopted person, adoptive parents or their attorney or attorneys, upon their request at any time, certified copies of the final order of adoption or readoption or final orders dismissing such adoption proceedings. Nothing other than certified copies of the final order of adoption or readoption or final order dismissing such adoption proceedings shall be released pursuant to this subsection (h).
Amended by 2024 Tenn. Acts, ch. 996,s 20, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 945,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 945,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 945,s 1, eff. 7/1/2024.
Acts 1951, ch. 202, § 22 (Williams, § 9572.36); Acts 1959, ch. 223, § 10; impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 36-125; § 36-1-125 ; Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 128; 2003 , ch. 231, § 15.
Tenn. Code Ann. § 36-6-214 — TN Code / Title 36 / Chapter 6 / Section 36-6-214
Testimony of witnesses residing out of state - Acceptance of electronically transmitted documents as evidence
Status: in_force

(a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken. (b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony. (c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. Acts 1999, ch. 389, § 15.
(a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
Acts 1999, ch. 389, § 15.
Tenn. Code Ann. § 36-3-606 — TN Code / Title 36 / Chapter 3 / Section 36-3-606
Scope of protection order
Status: in_force

(a) A protection order granted under this part to protect the petitioner from domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense may include, but is not limited to: (1) Directing the respondent to refrain from committing domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense or threatening to commit domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense against the petitioner or the petitioner's minor children; (2) Prohibiting the respondent from coming about the petitioner for any purpose, from telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly; (3) Prohibiting the respondent from stalking the petitioner, as defined in § 39-17-315 ; (4) Granting to the petitioner possession of the residence or household to the exclusion of the respondent by evicting the respondent, by restoring possession to the petitioner, or by both; (5) Directing the respondent to provide suitable alternate housing for the petitioner when the respondent is the sole owner or lessee of the residence or household; (6) Awarding temporary custody of, or establishing temporary visitation rights with regard to, any minor children born to or adopted by the parties; (7) Awarding financial support to the petitioner and such persons as the respondent has a duty to support. Except in cases of paternity, the court shall not have the authority to order financial support unless the petitioner and respondent are legally married. Such order may be enforced pursuant to chapter 5 of this title; (8) Directing the respondent to attend available counseling programs that address violence and control issues or substance abuse problems. A violation of a protection order or part of such order that directs counseling pursuant to this subdivision (a)(8) may be punished as criminal or civil contempt. Section 36-3-610(a) applies with respect to a nonlawyer general sessions judge who holds a person in criminal contempt for violating this subdivision (a)(8); (9) Directing the care, custody, or control of any animal owned, possessed, leased, kept, or held by either party or a minor residing in the household. In no instance shall the animal be placed in the care, custody, or control of the respondent, but shall instead be placed in the care, custody or control of the petitioner or in an appropriate animal foster situation; (10) Directing the respondent to immediately and temporarily vacate a residence shared with the petitioner, pending a hearing on the matter, notwithstanding any provision of this part to the contrary; (11) Directing the respondent to pay the petitioner all costs, expenses and fees pertaining to the petitioner's breach of a lease or rental agreement for residential property if the petitioner is a party to the lease or rental agreement and if the court finds that continuing to reside in the rented or leased premises may jeopardize the life, health and safety of the petitioner or the petitioner's children. Nothing in this subdivision (a)(11) shall be construed as altering the terms of, liability for, or parties to such lease or rental agreement; or (12) Ordering a wireless service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to a petitioner pursuant to § 36-3-621 . (b) Relief granted pursuant to subdivisions (a)(4)-(8) shall be ordered only after the petitioner and respondent have been given an opportunity to be heard by the court. (c) Any order of protection issued under this part shall include the statement of the maximum penalty that may be imposed pursuant to § 36-3-610 for violating such order. (d) No order of protection made under this part shall in any manner affect title to any real property. (e) An order of protection issued pursuant to this part shall be valid and enforceable in any county of this state. (f) An order of protection issued pursuant to this part that fully complies with 18 U.S.C. § 922(g)(8) shall contain the disclosures set out in § 36-3-625(a) . Amended by 2022 Tenn. Acts, ch. 1115, s 6, eff. 7/1/2022. Amended by 2018 Tenn. Acts, ch. 729, s 2, eff. 4/18/2018. Amended by 2016 Tenn. Acts, ch. 865, s 1, eff. 4/19/2016. Acts 1979, ch. 350, §§ 6-8; T.C.A., §§ 36-1206 --36-1208; Acts 1987, ch. 270, §§ 7, 12; 1991, ch. 380, § 4; 1995, ch. 507, § 4; 1996, ch. 684, § 2; 1996, ch. 734, § 1, 2; 1997 , ch. 459, §§ 2, 3; 2001, ch. 352, § 2; 2005, ch. 381, § 5; 2007 , ch. 352, § 2; 2009 , ch. 455, § 2; 2010 , ch. 959, § 1; 2010 , ch. 981, § 1; 2011 , ch. 253, § 1; 2011 , ch. 402, § 2.
(a) A protection order granted under this part to protect the petitioner from domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense may include, but is not limited to: (1) Directing the respondent to refrain from committing domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense or threatening to commit domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense against the petitioner or the petitioner's minor children; (2) Prohibiting the respondent from coming about the petitioner for any purpose, from telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly; (3) Prohibiting the respondent from stalking the petitioner, as defined in § 39-17-315 ; (4) Granting to the petitioner possession of the residence or household to the exclusion of the respondent by evicting the respondent, by restoring possession to the petitioner, or by both; (5) Directing the respondent to provide suitable alternate housing for the petitioner when the respondent is the sole owner or lessee of the residence or household; (6) Awarding temporary custody of, or establishing temporary visitation rights with regard to, any minor children born to or adopted by the parties; (7) Awarding financial support to the petitioner and such persons as the respondent has a duty to support. Except in cases of paternity, the court shall not have the authority to order financial support unless the petitioner and respondent are legally married. Such order may be enforced pursuant to chapter 5 of this title; (8) Directing the respondent to attend available counseling programs that address violence and control issues or substance abuse problems. A violation of a protection order or part of such order that directs counseling pursuant to this subdivision (a)(8) may be punished as criminal or civil contempt. Section 36-3-610(a) applies with respect to a nonlawyer general sessions judge who holds a person in criminal contempt for violating this subdivision (a)(8); (9) Directing the care, custody, or control of any animal owned, possessed, leased, kept, or held by either party or a minor residing in the household. In no instance shall the animal be placed in the care, custody, or control of the respondent, but shall instead be placed in the care, custody or control of the petitioner or in an appropriate animal foster situation; (10) Directing the respondent to immediately and temporarily vacate a residence shared with the petitioner, pending a hearing on the matter, notwithstanding any provision of this part to the contrary; (11) Directing the respondent to pay the petitioner all costs, expenses and fees pertaining to the petitioner's breach of a lease or rental agreement for residential property if the petitioner is a party to the lease or rental agreement and if the court finds that continuing to reside in the rented or leased premises may jeopardize the life, health and safety of the petitioner or the petitioner's children. Nothing in this subdivision (a)(11) shall be construed as altering the terms of, liability for, or parties to such lease or rental agreement; or (12) Ordering a wireless service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to a petitioner pursuant to § 36-3-621 .
(1) Directing the respondent to refrain from committing domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense or threatening to commit domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense against the petitioner or the petitioner's minor children;
(2) Prohibiting the respondent from coming about the petitioner for any purpose, from telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly;
(3) Prohibiting the respondent from stalking the petitioner, as defined in § 39-17-315 ;
(4) Granting to the petitioner possession of the residence or household to the exclusion of the respondent by evicting the respondent, by restoring possession to the petitioner, or by both;
(5) Directing the respondent to provide suitable alternate housing for the petitioner when the respondent is the sole owner or lessee of the residence or household;
(6) Awarding temporary custody of, or establishing temporary visitation rights with regard to, any minor children born to or adopted by the parties;
(7) Awarding financial support to the petitioner and such persons as the respondent has a duty to support. Except in cases of paternity, the court shall not have the authority to order financial support unless the petitioner and respondent are legally married. Such order may be enforced pursuant to chapter 5 of this title;
(8) Directing the respondent to attend available counseling programs that address violence and control issues or substance abuse problems. A violation of a protection order or part of such order that directs counseling pursuant to this subdivision (a)(8) may be punished as criminal or civil contempt. Section 36-3-610(a) applies with respect to a nonlawyer general sessions judge who holds a person in criminal contempt for violating this subdivision (a)(8);
(9) Directing the care, custody, or control of any animal owned, possessed, leased, kept, or held by either party or a minor residing in the household. In no instance shall the animal be placed in the care, custody, or control of the respondent, but shall instead be placed in the care, custody or control of the petitioner or in an appropriate animal foster situation;
(10) Directing the respondent to immediately and temporarily vacate a residence shared with the petitioner, pending a hearing on the matter, notwithstanding any provision of this part to the contrary;
(11) Directing the respondent to pay the petitioner all costs, expenses and fees pertaining to the petitioner's breach of a lease or rental agreement for residential property if the petitioner is a party to the lease or rental agreement and if the court finds that continuing to reside in the rented or leased premises may jeopardize the life, health and safety of the petitioner or the petitioner's children. Nothing in this subdivision (a)(11) shall be construed as altering the terms of, liability for, or parties to such lease or rental agreement; or
(12) Ordering a wireless service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to a petitioner pursuant to § 36-3-621 .
(b) Relief granted pursuant to subdivisions (a)(4)-(8) shall be ordered only after the petitioner and respondent have been given an opportunity to be heard by the court.
(c) Any order of protection issued under this part shall include the statement of the maximum penalty that may be imposed pursuant to § 36-3-610 for violating such order.
(d) No order of protection made under this part shall in any manner affect title to any real property.
(e) An order of protection issued pursuant to this part shall be valid and enforceable in any county of this state.
(f) An order of protection issued pursuant to this part that fully complies with 18 U.S.C. § 922(g)(8) shall contain the disclosures set out in § 36-3-625(a) .
Amended by 2022 Tenn. Acts, ch. 1115, s 6, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 729, s 2, eff. 4/18/2018.
Amended by 2016 Tenn. Acts, ch. 865, s 1, eff. 4/19/2016.
Acts 1979, ch. 350, §§ 6-8; T.C.A., §§ 36-1206 --36-1208; Acts 1987, ch. 270, §§ 7, 12; 1991, ch. 380, § 4; 1995, ch. 507, § 4; 1996, ch. 684, § 2; 1996, ch. 734, § 1, 2; 1997 , ch. 459, §§ 2, 3; 2001, ch. 352, § 2; 2005, ch. 381, § 5; 2007 , ch. 352, § 2; 2009 , ch. 455, § 2; 2010 , ch. 959, § 1; 2010 , ch. 981, § 1; 2011 , ch. 253, § 1; 2011 , ch. 402, § 2.
Tenn. Code Ann. § 36-2-304 — TN Code / Title 36 / Chapter 2 / Section 36-2-304
Presumption of parentage
Status: in_force

(a) A man is rebuttably presumed to be the father of a child if: (1) The man and the child's mother are married or have been married to each other and the child is born during the marriage or within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce; (2) Before the child's birth, the man and the mother have attempted to marry each other in compliance with the law, although the attempted marriage is or could be declared illegal, void and voidable; (3) After the child's birth, the man and the mother have married or attempted to marry each other in compliance with the law although such marriage is or could be declared illegal, void, or voidable; and: (A) The man has acknowledged his paternity of the child in a writing filed under the putative father registry established by the department of children services, pursuant to § 36-2-318 ; (B) The man has consented in writing to be named the child's father on the birth certificate; or (C) The man is obligated to support the child under a written voluntary promise or by court order; (4) While the child is under the age of majority, the man receives the child into the man's home and openly holds the child out as the man's natural child; or (5) Genetic tests have been administered as provided in § 24-7-112 , an exclusion has not occurred, and the test results show a statistical probability of parentage of ninety-five percent (95%) or greater. (b) (1) Except as provided in subdivision (b)(2), a presumption under subsection (a) may be rebutted in an appropriate action. (2) (A) If the mother was legally married and living with her husband at the time of conception and has remained together with that husband through the date a petition to establish parentage is filed and both the mother and the mother's husband file a sworn answer stating that the husband is the father of the child, any action seeking to establish parentage must be brought within twelve (12) months of the birth of the child. In the event that an action is dismissed based upon the filing of such a sworn answer, the husband and wife who filed such sworn answer shall be estopped to deny paternity in any future action. (B) A petition to establish parentage may be brought under this part if a dismissal of a petition under the prior legitimization statutes was based upon the mother's marriage to another man at the time of conception or upon the petitioner's lack of standing. In such cases, the requirements of subdivision (b)(2)(A) requiring a petition to be filed within twelve (12) months of the birth of the child shall not apply. It is the intent of the general assembly that putative fathers who filed a cause of action under this chapter prior to the July 1, 1997, effective date of Acts 1997, ch. 477, and whose action was so dismissed, shall have an opportunity to prosecute a single cause of action under this part. Thus, the doctrines of res judicata and collateral estoppel shall not bar such new or pending action, nor shall any statute of limitation that may have run bar such new or pending action. It is the clear and unequivocal intent of the general assembly that this provision shall be applied retroactively to such petitions to establish parentage. No such retroactive application shall, however, abrogate § 36-1-122 . (3) The standard of proof in an action to rebut paternity shall be by preponderance of the evidence. (4) In any case, except terminations of parental rights or adoptions under this title or title 37, in which the paternity of a child is at issue and an agreed order or divorce decree has been entered finding that an individual is not the parent of the child, the finding shall not be entitled to preclusive effect unless the finding was based upon scientific tests to determine parentage that excluded the individual from parentage of the child in question. (c) All prior presumptions of parentage established by the previous paternity and legitimation statutes and cases are abolished. Acts 1997, ch. 477, § 1; 1998, ch. 1098, § 8; 1999, ch. 339, § 1; 2000, ch. 922, § 4.
(a) A man is rebuttably presumed to be the father of a child if: (1) The man and the child's mother are married or have been married to each other and the child is born during the marriage or within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce; (2) Before the child's birth, the man and the mother have attempted to marry each other in compliance with the law, although the attempted marriage is or could be declared illegal, void and voidable; (3) After the child's birth, the man and the mother have married or attempted to marry each other in compliance with the law although such marriage is or could be declared illegal, void, or voidable; and: (A) The man has acknowledged his paternity of the child in a writing filed under the putative father registry established by the department of children services, pursuant to § 36-2-318 ; (B) The man has consented in writing to be named the child's father on the birth certificate; or (C) The man is obligated to support the child under a written voluntary promise or by court order; (4) While the child is under the age of majority, the man receives the child into the man's home and openly holds the child out as the man's natural child; or (5) Genetic tests have been administered as provided in § 24-7-112 , an exclusion has not occurred, and the test results show a statistical probability of parentage of ninety-five percent (95%) or greater.
(1) The man and the child's mother are married or have been married to each other and the child is born during the marriage or within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
(2) Before the child's birth, the man and the mother have attempted to marry each other in compliance with the law, although the attempted marriage is or could be declared illegal, void and voidable;
(3) After the child's birth, the man and the mother have married or attempted to marry each other in compliance with the law although such marriage is or could be declared illegal, void, or voidable; and: (A) The man has acknowledged his paternity of the child in a writing filed under the putative father registry established by the department of children services, pursuant to § 36-2-318 ; (B) The man has consented in writing to be named the child's father on the birth certificate; or (C) The man is obligated to support the child under a written voluntary promise or by court order;
(A) The man has acknowledged his paternity of the child in a writing filed under the putative father registry established by the department of children services, pursuant to § 36-2-318 ;
(B) The man has consented in writing to be named the child's father on the birth certificate; or
(C) The man is obligated to support the child under a written voluntary promise or by court order;
(4) While the child is under the age of majority, the man receives the child into the man's home and openly holds the child out as the man's natural child; or
(5) Genetic tests have been administered as provided in § 24-7-112 , an exclusion has not occurred, and the test results show a statistical probability of parentage of ninety-five percent (95%) or greater.
(b) (1) Except as provided in subdivision (b)(2), a presumption under subsection (a) may be rebutted in an appropriate action. (2) (A) If the mother was legally married and living with her husband at the time of conception and has remained together with that husband through the date a petition to establish parentage is filed and both the mother and the mother's husband file a sworn answer stating that the husband is the father of the child, any action seeking to establish parentage must be brought within twelve (12) months of the birth of the child. In the event that an action is dismissed based upon the filing of such a sworn answer, the husband and wife who filed such sworn answer shall be estopped to deny paternity in any future action. (B) A petition to establish parentage may be brought under this part if a dismissal of a petition under the prior legitimization statutes was based upon the mother's marriage to another man at the time of conception or upon the petitioner's lack of standing. In such cases, the requirements of subdivision (b)(2)(A) requiring a petition to be filed within twelve (12) months of the birth of the child shall not apply. It is the intent of the general assembly that putative fathers who filed a cause of action under this chapter prior to the July 1, 1997, effective date of Acts 1997, ch. 477, and whose action was so dismissed, shall have an opportunity to prosecute a single cause of action under this part. Thus, the doctrines of res judicata and collateral estoppel shall not bar such new or pending action, nor shall any statute of limitation that may have run bar such new or pending action. It is the clear and unequivocal intent of the general assembly that this provision shall be applied retroactively to such petitions to establish parentage. No such retroactive application shall, however, abrogate § 36-1-122 . (3) The standard of proof in an action to rebut paternity shall be by preponderance of the evidence. (4) In any case, except terminations of parental rights or adoptions under this title or title 37, in which the paternity of a child is at issue and an agreed order or divorce decree has been entered finding that an individual is not the parent of the child, the finding shall not be entitled to preclusive effect unless the finding was based upon scientific tests to determine parentage that excluded the individual from parentage of the child in question.
(1) Except as provided in subdivision (b)(2), a presumption under subsection (a) may be rebutted in an appropriate action.
(2) (A) If the mother was legally married and living with her husband at the time of conception and has remained together with that husband through the date a petition to establish parentage is filed and both the mother and the mother's husband file a sworn answer stating that the husband is the father of the child, any action seeking to establish parentage must be brought within twelve (12) months of the birth of the child. In the event that an action is dismissed based upon the filing of such a sworn answer, the husband and wife who filed such sworn answer shall be estopped to deny paternity in any future action. (B) A petition to establish parentage may be brought under this part if a dismissal of a petition under the prior legitimization statutes was based upon the mother's marriage to another man at the time of conception or upon the petitioner's lack of standing. In such cases, the requirements of subdivision (b)(2)(A) requiring a petition to be filed within twelve (12) months of the birth of the child shall not apply. It is the intent of the general assembly that putative fathers who filed a cause of action under this chapter prior to the July 1, 1997, effective date of Acts 1997, ch. 477, and whose action was so dismissed, shall have an opportunity to prosecute a single cause of action under this part. Thus, the doctrines of res judicata and collateral estoppel shall not bar such new or pending action, nor shall any statute of limitation that may have run bar such new or pending action. It is the clear and unequivocal intent of the general assembly that this provision shall be applied retroactively to such petitions to establish parentage. No such retroactive application shall, however, abrogate § 36-1-122 .
(A) If the mother was legally married and living with her husband at the time of conception and has remained together with that husband through the date a petition to establish parentage is filed and both the mother and the mother's husband file a sworn answer stating that the husband is the father of the child, any action seeking to establish parentage must be brought within twelve (12) months of the birth of the child. In the event that an action is dismissed based upon the filing of such a sworn answer, the husband and wife who filed such sworn answer shall be estopped to deny paternity in any future action.
(B) A petition to establish parentage may be brought under this part if a dismissal of a petition under the prior legitimization statutes was based upon the mother's marriage to another man at the time of conception or upon the petitioner's lack of standing. In such cases, the requirements of subdivision (b)(2)(A) requiring a petition to be filed within twelve (12) months of the birth of the child shall not apply. It is the intent of the general assembly that putative fathers who filed a cause of action under this chapter prior to the July 1, 1997, effective date of Acts 1997, ch. 477, and whose action was so dismissed, shall have an opportunity to prosecute a single cause of action under this part. Thus, the doctrines of res judicata and collateral estoppel shall not bar such new or pending action, nor shall any statute of limitation that may have run bar such new or pending action. It is the clear and unequivocal intent of the general assembly that this provision shall be applied retroactively to such petitions to establish parentage. No such retroactive application shall, however, abrogate § 36-1-122 .
(3) The standard of proof in an action to rebut paternity shall be by preponderance of the evidence.
(4) In any case, except terminations of parental rights or adoptions under this title or title 37, in which the paternity of a child is at issue and an agreed order or divorce decree has been entered finding that an individual is not the parent of the child, the finding shall not be entitled to preclusive effect unless the finding was based upon scientific tests to determine parentage that excluded the individual from parentage of the child in question.
(c) All prior presumptions of parentage established by the previous paternity and legitimation statutes and cases are abolished.
Acts 1997, ch. 477, § 1; 1998, ch. 1098, § 8; 1999, ch. 339, § 1; 2000, ch. 922, § 4.
Tenn. Code Ann. § 36-1-304 — TN Code / Title 36 / Chapter 1 / Section 36-1-304
[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. § 36-3-610 — TN Code / Title 36 / Chapter 3 / Section 36-3-610
Violation of order or consent agreement - Civil or criminal contempt - Financial penalty
Status: in_force

(a) Upon violation of the order of protection or a court-approved consent agreement, the court may hold the defendant in civil or criminal contempt and punish the defendant in accordance with the law. A judge of the general sessions court shall have the same power as a court of record to punish the defendant for contempt when exercising jurisdiction pursuant to this part or when exercising concurrent jurisdiction with a court of record. A judge of the general sessions court who is not a licensed attorney shall appoint an attorney referee to hear charges of criminal contempt. (b) (1) In addition to the authorized punishments for contempt of court, the judge may assess any person who violates an order of protection or a court-approved consent agreement a civil penalty of fifty dollars ($50.00). The judge may further order that any support payment made pursuant to an order of protection or a court-approved consent agreement be made under an income assignment to the clerk of court. (2) The judge upon finding a violation of an order of protection or a court-approved consent order shall require a bond of the respondent until such time as the order of protection expires. Such bond shall not be less than two thousand five hundred dollars ($2,500) and shall be payable upon forfeit as provided. Bond shall be set at whatever the court determines is necessary to reasonably assure the safety of the petitioner as required. Any respondent for whom bond has been set may deposit with the clerk of the court before which the proceeding is pending a sum of money in cash equal to the amount of the bond. The clerk of the court may deposit funds received in lieu of bonds, or any funds received from the forfeiture of bonds, in an interest bearing account. Any interest received from such accounts shall be payable to the office of the clerk. Failure to comply with this subsection (b) may be punished by the court as a contempt of court as provided in title 29, chapter 9. (3) If a respondent posting bond under this subsection (b) does not comply with the conditions of the bond, the court having jurisdiction shall enter an order declaring the bond to be forfeited. Notice of the order of forfeiture shall be mailed forthwith by the clerk to the respondent at the respondent's last known address. If the respondent does not within thirty (30) days from the date of the forfeiture satisfy the court that compliance with the conditions of the bond was met, the court shall enter judgment for the state against the defendant for the amount of the bond and costs of the court proceedings. The judgment and costs may be enforced and collected in the same manner as a judgment entered in a civil action. (4) Nothing in this section shall be construed to limit or affect any remedy in effect on July 1, 2010. (c) Upon collecting the civil penalty imposed by subsection (b), the clerk shall, on a monthly basis, send the money to the state treasurer who shall deposit it in the domestic violence community education fund created by § 36-3-616 . (d) The proceeds of a judgment for the amount of the bond pursuant to this section shall be paid quarterly to the administrative office of the courts. The quarterly payments shall be due on the fifteenth day of the fourth month of the year; the fifteenth day of the sixth month; the fifteenth day of the ninth month; and on the fifteenth day of the first month of the next succeeding year. The proceeds shall be allocated equally on an annual basis as follows: (1) To provide legal representation to low-income Tennesseans in civil matters in such manner as determined by the supreme court as described in § 16-3-808(c) ; provided, that one-fourth (¼) of such funds shall be allocated to an appropriate statewide nonprofit organization capable of providing continuing legal education, technology support, planning assistance, resource development and other support to organizations delivering civil legal representation to indigents. The remainder shall be distributed to organizations delivering direct assistance to clients with Legal Services Corporation funding as referenced in the Tennessee State Plan for Civil Legal Justice approved in March, 2001, by the Legal Services Corporation; (2) To the domestic violence state coordinating council, created by title 38, chapter 12; (3) To the Tennessee Court Appointed Special Advocates Association (CASA); and (4) To Childhelp. Acts 1979, ch. 350, § 12; T.C.A., § 36-1212; Acts 1989, ch. 297, § 1; 1994, ch. 858, § 1; 1995, ch. 127, § 1; 2010 , ch. 1094, §§ 1, 2.
(a) Upon violation of the order of protection or a court-approved consent agreement, the court may hold the defendant in civil or criminal contempt and punish the defendant in accordance with the law. A judge of the general sessions court shall have the same power as a court of record to punish the defendant for contempt when exercising jurisdiction pursuant to this part or when exercising concurrent jurisdiction with a court of record. A judge of the general sessions court who is not a licensed attorney shall appoint an attorney referee to hear charges of criminal contempt.
(b) (1) In addition to the authorized punishments for contempt of court, the judge may assess any person who violates an order of protection or a court-approved consent agreement a civil penalty of fifty dollars ($50.00). The judge may further order that any support payment made pursuant to an order of protection or a court-approved consent agreement be made under an income assignment to the clerk of court. (2) The judge upon finding a violation of an order of protection or a court-approved consent order shall require a bond of the respondent until such time as the order of protection expires. Such bond shall not be less than two thousand five hundred dollars ($2,500) and shall be payable upon forfeit as provided. Bond shall be set at whatever the court determines is necessary to reasonably assure the safety of the petitioner as required. Any respondent for whom bond has been set may deposit with the clerk of the court before which the proceeding is pending a sum of money in cash equal to the amount of the bond. The clerk of the court may deposit funds received in lieu of bonds, or any funds received from the forfeiture of bonds, in an interest bearing account. Any interest received from such accounts shall be payable to the office of the clerk. Failure to comply with this subsection (b) may be punished by the court as a contempt of court as provided in title 29, chapter 9. (3) If a respondent posting bond under this subsection (b) does not comply with the conditions of the bond, the court having jurisdiction shall enter an order declaring the bond to be forfeited. Notice of the order of forfeiture shall be mailed forthwith by the clerk to the respondent at the respondent's last known address. If the respondent does not within thirty (30) days from the date of the forfeiture satisfy the court that compliance with the conditions of the bond was met, the court shall enter judgment for the state against the defendant for the amount of the bond and costs of the court proceedings. The judgment and costs may be enforced and collected in the same manner as a judgment entered in a civil action. (4) Nothing in this section shall be construed to limit or affect any remedy in effect on July 1, 2010.
(1) In addition to the authorized punishments for contempt of court, the judge may assess any person who violates an order of protection or a court-approved consent agreement a civil penalty of fifty dollars ($50.00). The judge may further order that any support payment made pursuant to an order of protection or a court-approved consent agreement be made under an income assignment to the clerk of court.
(2) The judge upon finding a violation of an order of protection or a court-approved consent order shall require a bond of the respondent until such time as the order of protection expires. Such bond shall not be less than two thousand five hundred dollars ($2,500) and shall be payable upon forfeit as provided. Bond shall be set at whatever the court determines is necessary to reasonably assure the safety of the petitioner as required. Any respondent for whom bond has been set may deposit with the clerk of the court before which the proceeding is pending a sum of money in cash equal to the amount of the bond. The clerk of the court may deposit funds received in lieu of bonds, or any funds received from the forfeiture of bonds, in an interest bearing account. Any interest received from such accounts shall be payable to the office of the clerk. Failure to comply with this subsection (b) may be punished by the court as a contempt of court as provided in title 29, chapter 9.
(3) If a respondent posting bond under this subsection (b) does not comply with the conditions of the bond, the court having jurisdiction shall enter an order declaring the bond to be forfeited. Notice of the order of forfeiture shall be mailed forthwith by the clerk to the respondent at the respondent's last known address. If the respondent does not within thirty (30) days from the date of the forfeiture satisfy the court that compliance with the conditions of the bond was met, the court shall enter judgment for the state against the defendant for the amount of the bond and costs of the court proceedings. The judgment and costs may be enforced and collected in the same manner as a judgment entered in a civil action.
(4) Nothing in this section shall be construed to limit or affect any remedy in effect on July 1, 2010.
(c) Upon collecting the civil penalty imposed by subsection (b), the clerk shall, on a monthly basis, send the money to the state treasurer who shall deposit it in the domestic violence community education fund created by § 36-3-616 .
(d) The proceeds of a judgment for the amount of the bond pursuant to this section shall be paid quarterly to the administrative office of the courts. The quarterly payments shall be due on the fifteenth day of the fourth month of the year; the fifteenth day of the sixth month; the fifteenth day of the ninth month; and on the fifteenth day of the first month of the next succeeding year. The proceeds shall be allocated equally on an annual basis as follows: (1) To provide legal representation to low-income Tennesseans in civil matters in such manner as determined by the supreme court as described in § 16-3-808(c) ; provided, that one-fourth (¼) of such funds shall be allocated to an appropriate statewide nonprofit organization capable of providing continuing legal education, technology support, planning assistance, resource development and other support to organizations delivering civil legal representation to indigents. The remainder shall be distributed to organizations delivering direct assistance to clients with Legal Services Corporation funding as referenced in the Tennessee State Plan for Civil Legal Justice approved in March, 2001, by the Legal Services Corporation; (2) To the domestic violence state coordinating council, created by title 38, chapter 12; (3) To the Tennessee Court Appointed Special Advocates Association (CASA); and (4) To Childhelp.
(1) To provide legal representation to low-income Tennesseans in civil matters in such manner as determined by the supreme court as described in § 16-3-808(c) ; provided, that one-fourth (¼) of such funds shall be allocated to an appropriate statewide nonprofit organization capable of providing continuing legal education, technology support, planning assistance, resource development and other support to organizations delivering civil legal representation to indigents. The remainder shall be distributed to organizations delivering direct assistance to clients with Legal Services Corporation funding as referenced in the Tennessee State Plan for Civil Legal Justice approved in March, 2001, by the Legal Services Corporation;
(2) To the domestic violence state coordinating council, created by title 38, chapter 12;
(3) To the Tennessee Court Appointed Special Advocates Association (CASA); and
(4) To Childhelp.
Acts 1979, ch. 350, § 12; T.C.A., § 36-1212; Acts 1989, ch. 297, § 1; 1994, ch. 858, § 1; 1995, ch. 127, § 1; 2010 , ch. 1094, §§ 1, 2.
Tenn. Code Ann. § 36-6-503 — TN Code / Title 36 / Chapter 6 / Section 36-6-503
Petition regarding intentional violation of visitation order - Notice
Status: in_force

(a) A parent, who has been victimized by the other parent's intentional violation of § 36-6-502(a) on two (2) or more occasions within any six-month period, may petition the court having jurisdiction over the order of visitation for a finding that the other parent is not in compliance with an order of visitation; provided, prior to the most recent violation, the victimized parent must have notified the other parent, by certified mail, return receipt requested, that subsequent violations of the court-ordered visitation shall be subject to sanctions authorized by this part and a copy of such notification must have been filed with the court. The petitioner shall include with the petition any information concerning a license held by the other parent and covered by § 36-6-511 . A notice shall be served on the other parent together with the petition. Such notice shall state that: (1) The parent may request a hearing to contest the issue of compliance; (2) A request for a hearing must be made in writing and must be received by the court within twenty (20) days of service; (3) If such parent requests a hearing within twenty (20) days of service, the court shall stay the proceedings to certify such parent to any appropriate licensing authority for noncompliance with an order of visitation pending a decision after the hearing; (4) If the court finds that such parent is not in compliance with an order of visitation or such parent does not request a hearing within twenty (20) days of service, the court may certify such parent to any appropriate licensing authority for noncompliance with a court order of visitation; and (5) If the court certifies such parent to a licensing authority for noncompliance with an order of visitation, the licensing authority, notwithstanding any law to the contrary, must deny a renewal request, revoke such parent's license or refuse to issue or reinstate a license, as the case may be, until such parent provides the licensing authority with a release from the court pursuant to § 36-6-508 that states such parent is in compliance with the order of visitation. (b) The notice sent pursuant to this section shall also include a statement informing such parent of the need to obtain a release from the court in order to allow such parent's license to be issued, renewed or reinstated. The notice shall be served by certified mail, return receipt requested, or by personal service with an affidavit of service completed by an authorized process server. Acts 2000, ch. 971, § 4.
(a) A parent, who has been victimized by the other parent's intentional violation of § 36-6-502(a) on two (2) or more occasions within any six-month period, may petition the court having jurisdiction over the order of visitation for a finding that the other parent is not in compliance with an order of visitation; provided, prior to the most recent violation, the victimized parent must have notified the other parent, by certified mail, return receipt requested, that subsequent violations of the court-ordered visitation shall be subject to sanctions authorized by this part and a copy of such notification must have been filed with the court. The petitioner shall include with the petition any information concerning a license held by the other parent and covered by § 36-6-511 . A notice shall be served on the other parent together with the petition. Such notice shall state that: (1) The parent may request a hearing to contest the issue of compliance; (2) A request for a hearing must be made in writing and must be received by the court within twenty (20) days of service; (3) If such parent requests a hearing within twenty (20) days of service, the court shall stay the proceedings to certify such parent to any appropriate licensing authority for noncompliance with an order of visitation pending a decision after the hearing; (4) If the court finds that such parent is not in compliance with an order of visitation or such parent does not request a hearing within twenty (20) days of service, the court may certify such parent to any appropriate licensing authority for noncompliance with a court order of visitation; and (5) If the court certifies such parent to a licensing authority for noncompliance with an order of visitation, the licensing authority, notwithstanding any law to the contrary, must deny a renewal request, revoke such parent's license or refuse to issue or reinstate a license, as the case may be, until such parent provides the licensing authority with a release from the court pursuant to § 36-6-508 that states such parent is in compliance with the order of visitation.
(1) The parent may request a hearing to contest the issue of compliance;
(2) A request for a hearing must be made in writing and must be received by the court within twenty (20) days of service;
(3) If such parent requests a hearing within twenty (20) days of service, the court shall stay the proceedings to certify such parent to any appropriate licensing authority for noncompliance with an order of visitation pending a decision after the hearing;
(4) If the court finds that such parent is not in compliance with an order of visitation or such parent does not request a hearing within twenty (20) days of service, the court may certify such parent to any appropriate licensing authority for noncompliance with a court order of visitation; and
(5) If the court certifies such parent to a licensing authority for noncompliance with an order of visitation, the licensing authority, notwithstanding any law to the contrary, must deny a renewal request, revoke such parent's license or refuse to issue or reinstate a license, as the case may be, until such parent provides the licensing authority with a release from the court pursuant to § 36-6-508 that states such parent is in compliance with the order of visitation.
(b) The notice sent pursuant to this section shall also include a statement informing such parent of the need to obtain a release from the court in order to allow such parent's license to be issued, renewed or reinstated. The notice shall be served by certified mail, return receipt requested, or by personal service with an affidavit of service completed by an authorized process server.
Acts 2000, ch. 971, § 4.
Tenn. Code Ann. § 36-5-2604 — TN Code / Title 36 / Chapter 5 / Section 36-5-2604
Choice of law
Status: in_force

(a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs: (1) The nature, extent, amount, and duration of current payments under a registered support order; (2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and (3) The existence and satisfaction of other obligations under the support order. (b) In a proceeding for arrears under a registered support order, the statute of limitation of this state, or of the issuing state or foreign country, whichever is longer, applies. (c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state. (d) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears. Acts 2010, ch. 901, § 1.
(a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs: (1) The nature, extent, amount, and duration of current payments under a registered support order; (2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and (3) The existence and satisfaction of other obligations under the support order.
(1) The nature, extent, amount, and duration of current payments under a registered support order;
(2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(3) The existence and satisfaction of other obligations under the support order.
(b) In a proceeding for arrears under a registered support order, the statute of limitation of this state, or of the issuing state or foreign country, whichever is longer, applies.
(c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(d) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-810 — TN Code / Title 36 / Chapter 5 / Section 36-5-810
Immunity for compliance with requests, orders and subpoenas
Status: in_force

All persons or entities complying with any requests, administrative orders, or administrative subpoenas issued pursuant to this part shall be absolutely immune from any liability, civil or criminal, for compliance with the terms of such requests, administrative orders or administrative subpoenas. Nothing herein shall be construed to mean, however, that such immunity applies to any person's civil or criminal liability for support or for failing to provide support as directed by any tribunal's judicial or administrative order, or by law or by regulation. Acts 1997, ch. 551, § 11.
All persons or entities complying with any requests, administrative orders, or administrative subpoenas issued pursuant to this part shall be absolutely immune from any liability, civil or criminal, for compliance with the terms of such requests, administrative orders or administrative subpoenas. Nothing herein shall be construed to mean, however, that such immunity applies to any person's civil or criminal liability for support or for failing to provide support as directed by any tribunal's judicial or administrative order, or by law or by regulation.
Acts 1997, ch. 551, § 11.