Tenn. Code Ann. § 36-3-301 — TN Code / Title 36 / Chapter 3 / Section 36-3-301
Persons who may solemnize marriages
Status: in_force

(a) (1) All regular ministers, preachers, pastors, priests, rabbis and other spiritual leaders of every religious belief, more than eighteen (18) years of age, having the care of souls, and all members of the county legislative bodies, county mayors, judges, chancellors, former chancellors and former judges of a county, a municipality, or this state, former county executives or county mayors of this state, former members of quarterly county courts or county commissions, the governor, the speaker of the senate and former speakers of the senate, the speaker of the house of representatives and former speakers of the house of representatives, members and former members of the general assembly who have filed notice pursuant to subsection ( l ), law enforcement chaplains duly appointed by the heads of authorized state and local law enforcement agencies, members of the legislative body of any municipality in this state, the county clerk of each county, former county clerks of this state who occupied the office of county clerk on or after July 1, 2014, notaries public, district attorneys general and former district attorneys general who have filed notice pursuant to subsection (n), and the mayor of any municipality in this state may solemnize the rite of matrimony. For the purposes of this section, the several judges of the United States courts, including United States magistrates, United States bankruptcy judges, and federal administrative law judges, who are citizens of Tennessee are deemed to be judges of this state. The amendments to this section by chapter 336 of the Public Acts of 1987, which applied provisions of this section to certain former judges, do not apply to any judge who has been convicted of a felony or who has been removed from office. (2) In order to solemnize the rite of matrimony, any such minister, preacher, pastor, priest, rabbi or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple or other religious group or organization; and such customs must provide for such ordination or designation by a considered, deliberate, and responsible act. Persons receiving online ordinations may not solemnize the rite of matrimony. (3) If a marriage has been entered into by license issued pursuant to this chapter at which any minister officiated before July 1, 2019, the marriage must not be invalid because the requirements of the preceding subdivision (a)(2) have not been met. (b) The traditional marriage rite of the Religious Society of Friends (Quakers), whereby the parties simply pledge their vows one to another in the presence of the congregation, constitutes an equally effective solemnization. (c) (1) Gratuity received by a county mayor, county clerk, member of a county legislative body, or municipal mayor for the solemnization of a marriage, whether performed during or after such person's regular working hours, must be retained by such person as personal remuneration for such services, in addition to all other sources of compensation such person might receive, and such gratuity must not be paid into the county general fund or the treasury of such municipality. (2) Notwithstanding subdivision (c)(1), a county mayor, county clerk, member of a county legislative body, and municipal mayor shall not charge a fee or demand compensation of any kind for the solemnization of a marriage under this part. Such a public officer who knowingly charges a fee or demands compensation of any kind for the solemnization of a marriage under this part commits a Class C misdemeanor, and such violation creates a rebuttable presumption that there is an actionable basis to institute ouster proceedings under title 8, chapter 47, or quo warranto proceedings under title 29, chapter 35, for the removal of the public officer from office. (d) If any marriage has been entered into by license regularly issued at which a county mayor officiated prior to April 24, 1981, such marriage shall be valid and is hereby declared to be in full compliance with the laws of this state. (e) For the purposes of this section, "retired judges of this state" is construed to include persons who served as judges of any municipal or county court in any county that has adopted a metropolitan form of government and persons who served as county judges (judges of the quarterly county court) prior to the 1978 constitutional amendments. (f) If any marriage has been entered into by license regularly issued at which a retired judge of this state officiated prior to April 13, 1984, such marriage shall be valid and is hereby declared to be in full compliance with the laws of this state. (g) If any marriage has been entered into by license issued pursuant to this chapter at which a judicial commissioner officiated prior to March 28, 1991, such marriage is valid and is declared to be in full compliance with the laws of this state. (h) The judge of the general sessions court of any county, and any former judge of any general sessions court, may solemnize the rite of matrimony in any county of this state. Any marriage performed by any judge of the general sessions court in any county of this state before March 16, 1994, shall be valid and declared to be in full compliance with the laws of this state. (i) All elected officials and former officials, who are authorized to solemnize the rite of matrimony pursuant to subsection (a), may solemnize the rite of matrimony in any county of this state. (j) If any marriage has been entered into by license issued pursuant to this chapter at which a county mayor officiated outside such mayor's county prior to May 29, 1997, such marriage is valid and is declared to be in full compliance with the laws of this state. (k) The judge of the municipal court of any municipality, whether elected or appointed, and any former judge of the municipal court of any municipality shall have the authority to solemnize the rite of matrimony in any county of the state. (l) In order to solemnize the rite of matrimony pursuant to subdivision (a)(1): (1) A member of the general assembly must first opt in by filing notice of the member's intention to solemnize the rite of matrimony with the office of vital records; and (2) A former member of the general assembly must have filed notice pursuant to subdivision ( l )(1) while serving in the general assembly. (m) A person shall not be required to solemnize a marriage. (n) In order to solemnize the rite of matrimony pursuant to subdivision (a)(1), district attorneys general and former district attorneys general must opt in by filing notice of intention to solemnize the rite of matrimony with the office of vital records. Amended by 2024 Tenn. Acts, ch. 759,s 2, eff. 4/22/2024. Amended by 2024 Tenn. Acts, ch. 759,s 1, eff. 4/22/2024. Amended by 2024 Tenn. Acts, ch. 511,s 1, eff. 2/21/2024. Amended by 2023 Tenn. Acts, ch. 185, s 1, eff. 4/24/2023. Amended by 2023 Tenn. Acts, ch. 46, Secs.s 1, s 2 eff. 3/14/2023. Amended by 2021 Tenn. Acts, ch. 255, s 1, eff. 4/28/2021. Amended by 2021 Tenn. Acts, ch. 119, Secs.s 1, s 2 eff. 4/13/2021. Amended by 2019 Tenn. Acts, ch. 415, s 3, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 415, s 2, eff. 5/21/2019. Amended by 2019 Tenn. Acts, ch. 415, s 1, eff. 5/21/2019. Amended by 2017 Tenn. Acts, ch. 288, s 1, eff. 5/4/2017. Amended by 2015 Tenn. Acts, ch. 159, s 1, eff. 4/16/2015. Amended by 2014 Tenn. Acts, ch. 747, s 1, eff. 7/1/2014. Code 1858, § 2439 (deriv. Acts 1778, ch. 7, § 2; 1845-1846, ch. 145, § 7); Acts 1879, ch. 98, § 1; 1889, ch. 134, § 1; Shan., § 4189; Code 1932, § 8412; Acts 1949, ch. 251, § 4; C. Supp. 1950, § 8412; Acts 1970, ch. 440, § 1; 1973, ch. 66, § 3; impl. am. Acts 1978, ch. 934, § 7; Acts 1979, ch. 87, § 1; 1981, ch. 211, §§ 1, 2; 1983, ch. 331, §§ 1, 2; T.C.A. (orig. ed.), § 36-415; Acts 1984, ch. 516, § 1; 1987, ch. 146, § 1; 1987, ch. 336, §§ 4, 5; 1988, ch. 471, §§ 1, 2; 1991, ch. 86, § 1; 1992, ch. 911, § 1; 1993, ch. 50, § 1; 1994, ch. 619, § 1; 1995, ch. 94, § 1; 1995, ch. 128, § 1; 1997 , ch. 295, §§ 1, 2; 1998, ch. 745, §§ 1, 2; 1999, ch. 526, § 1; 2003 , ch. 90, § 2; 2003 , ch. 376, § 3; 2005, ch. 21, § 1; 2012 , ch. 677, § 1.
(a) (1) All regular ministers, preachers, pastors, priests, rabbis and other spiritual leaders of every religious belief, more than eighteen (18) years of age, having the care of souls, and all members of the county legislative bodies, county mayors, judges, chancellors, former chancellors and former judges of a county, a municipality, or this state, former county executives or county mayors of this state, former members of quarterly county courts or county commissions, the governor, the speaker of the senate and former speakers of the senate, the speaker of the house of representatives and former speakers of the house of representatives, members and former members of the general assembly who have filed notice pursuant to subsection ( l ), law enforcement chaplains duly appointed by the heads of authorized state and local law enforcement agencies, members of the legislative body of any municipality in this state, the county clerk of each county, former county clerks of this state who occupied the office of county clerk on or after July 1, 2014, notaries public, district attorneys general and former district attorneys general who have filed notice pursuant to subsection (n), and the mayor of any municipality in this state may solemnize the rite of matrimony. For the purposes of this section, the several judges of the United States courts, including United States magistrates, United States bankruptcy judges, and federal administrative law judges, who are citizens of Tennessee are deemed to be judges of this state. The amendments to this section by chapter 336 of the Public Acts of 1987, which applied provisions of this section to certain former judges, do not apply to any judge who has been convicted of a felony or who has been removed from office. (2) In order to solemnize the rite of matrimony, any such minister, preacher, pastor, priest, rabbi or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple or other religious group or organization; and such customs must provide for such ordination or designation by a considered, deliberate, and responsible act. Persons receiving online ordinations may not solemnize the rite of matrimony. (3) If a marriage has been entered into by license issued pursuant to this chapter at which any minister officiated before July 1, 2019, the marriage must not be invalid because the requirements of the preceding subdivision (a)(2) have not been met.
(1) All regular ministers, preachers, pastors, priests, rabbis and other spiritual leaders of every religious belief, more than eighteen (18) years of age, having the care of souls, and all members of the county legislative bodies, county mayors, judges, chancellors, former chancellors and former judges of a county, a municipality, or this state, former county executives or county mayors of this state, former members of quarterly county courts or county commissions, the governor, the speaker of the senate and former speakers of the senate, the speaker of the house of representatives and former speakers of the house of representatives, members and former members of the general assembly who have filed notice pursuant to subsection ( l ), law enforcement chaplains duly appointed by the heads of authorized state and local law enforcement agencies, members of the legislative body of any municipality in this state, the county clerk of each county, former county clerks of this state who occupied the office of county clerk on or after July 1, 2014, notaries public, district attorneys general and former district attorneys general who have filed notice pursuant to subsection (n), and the mayor of any municipality in this state may solemnize the rite of matrimony. For the purposes of this section, the several judges of the United States courts, including United States magistrates, United States bankruptcy judges, and federal administrative law judges, who are citizens of Tennessee are deemed to be judges of this state. The amendments to this section by chapter 336 of the Public Acts of 1987, which applied provisions of this section to certain former judges, do not apply to any judge who has been convicted of a felony or who has been removed from office.
(2) In order to solemnize the rite of matrimony, any such minister, preacher, pastor, priest, rabbi or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple or other religious group or organization; and such customs must provide for such ordination or designation by a considered, deliberate, and responsible act. Persons receiving online ordinations may not solemnize the rite of matrimony.
(3) If a marriage has been entered into by license issued pursuant to this chapter at which any minister officiated before July 1, 2019, the marriage must not be invalid because the requirements of the preceding subdivision (a)(2) have not been met.
(b) The traditional marriage rite of the Religious Society of Friends (Quakers), whereby the parties simply pledge their vows one to another in the presence of the congregation, constitutes an equally effective solemnization.
(c) (1) Gratuity received by a county mayor, county clerk, member of a county legislative body, or municipal mayor for the solemnization of a marriage, whether performed during or after such person's regular working hours, must be retained by such person as personal remuneration for such services, in addition to all other sources of compensation such person might receive, and such gratuity must not be paid into the county general fund or the treasury of such municipality. (2) Notwithstanding subdivision (c)(1), a county mayor, county clerk, member of a county legislative body, and municipal mayor shall not charge a fee or demand compensation of any kind for the solemnization of a marriage under this part. Such a public officer who knowingly charges a fee or demands compensation of any kind for the solemnization of a marriage under this part commits a Class C misdemeanor, and such violation creates a rebuttable presumption that there is an actionable basis to institute ouster proceedings under title 8, chapter 47, or quo warranto proceedings under title 29, chapter 35, for the removal of the public officer from office.
(1) Gratuity received by a county mayor, county clerk, member of a county legislative body, or municipal mayor for the solemnization of a marriage, whether performed during or after such person's regular working hours, must be retained by such person as personal remuneration for such services, in addition to all other sources of compensation such person might receive, and such gratuity must not be paid into the county general fund or the treasury of such municipality.
(2) Notwithstanding subdivision (c)(1), a county mayor, county clerk, member of a county legislative body, and municipal mayor shall not charge a fee or demand compensation of any kind for the solemnization of a marriage under this part. Such a public officer who knowingly charges a fee or demands compensation of any kind for the solemnization of a marriage under this part commits a Class C misdemeanor, and such violation creates a rebuttable presumption that there is an actionable basis to institute ouster proceedings under title 8, chapter 47, or quo warranto proceedings under title 29, chapter 35, for the removal of the public officer from office.
(d) If any marriage has been entered into by license regularly issued at which a county mayor officiated prior to April 24, 1981, such marriage shall be valid and is hereby declared to be in full compliance with the laws of this state.
(e) For the purposes of this section, "retired judges of this state" is construed to include persons who served as judges of any municipal or county court in any county that has adopted a metropolitan form of government and persons who served as county judges (judges of the quarterly county court) prior to the 1978 constitutional amendments.
(f) If any marriage has been entered into by license regularly issued at which a retired judge of this state officiated prior to April 13, 1984, such marriage shall be valid and is hereby declared to be in full compliance with the laws of this state.
(g) If any marriage has been entered into by license issued pursuant to this chapter at which a judicial commissioner officiated prior to March 28, 1991, such marriage is valid and is declared to be in full compliance with the laws of this state.
(h) The judge of the general sessions court of any county, and any former judge of any general sessions court, may solemnize the rite of matrimony in any county of this state. Any marriage performed by any judge of the general sessions court in any county of this state before March 16, 1994, shall be valid and declared to be in full compliance with the laws of this state.
(i) All elected officials and former officials, who are authorized to solemnize the rite of matrimony pursuant to subsection (a), may solemnize the rite of matrimony in any county of this state.
(j) If any marriage has been entered into by license issued pursuant to this chapter at which a county mayor officiated outside such mayor's county prior to May 29, 1997, such marriage is valid and is declared to be in full compliance with the laws of this state.
(k) The judge of the municipal court of any municipality, whether elected or appointed, and any former judge of the municipal court of any municipality shall have the authority to solemnize the rite of matrimony in any county of the state.
(l) In order to solemnize the rite of matrimony pursuant to subdivision (a)(1): (1) A member of the general assembly must first opt in by filing notice of the member's intention to solemnize the rite of matrimony with the office of vital records; and (2) A former member of the general assembly must have filed notice pursuant to subdivision ( l )(1) while serving in the general assembly.
(1) A member of the general assembly must first opt in by filing notice of the member's intention to solemnize the rite of matrimony with the office of vital records; and
(2) A former member of the general assembly must have filed notice pursuant to subdivision ( l )(1) while serving in the general assembly.
(m) A person shall not be required to solemnize a marriage.
(n) In order to solemnize the rite of matrimony pursuant to subdivision (a)(1), district attorneys general and former district attorneys general must opt in by filing notice of intention to solemnize the rite of matrimony with the office of vital records.
Amended by 2024 Tenn. Acts, ch. 759,s 2, eff. 4/22/2024.
Amended by 2024 Tenn. Acts, ch. 759,s 1, eff. 4/22/2024.
Amended by 2024 Tenn. Acts, ch. 511,s 1, eff. 2/21/2024.
Amended by 2023 Tenn. Acts, ch. 185, s 1, eff. 4/24/2023.
Amended by 2023 Tenn. Acts, ch. 46, Secs.s 1, s 2 eff. 3/14/2023.
Amended by 2021 Tenn. Acts, ch. 255, s 1, eff. 4/28/2021.
Amended by 2021 Tenn. Acts, ch. 119, Secs.s 1, s 2 eff. 4/13/2021.
Amended by 2019 Tenn. Acts, ch. 415, s 3, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 415, s 2, eff. 5/21/2019.
Amended by 2019 Tenn. Acts, ch. 415, s 1, eff. 5/21/2019.
Amended by 2017 Tenn. Acts, ch. 288, s 1, eff. 5/4/2017.
Amended by 2015 Tenn. Acts, ch. 159, s 1, eff. 4/16/2015.
Amended by 2014 Tenn. Acts, ch. 747, s 1, eff. 7/1/2014.
Code 1858, § 2439 (deriv. Acts 1778, ch. 7, § 2; 1845-1846, ch. 145, § 7); Acts 1879, ch. 98, § 1; 1889, ch. 134, § 1; Shan., § 4189; Code 1932, § 8412; Acts 1949, ch. 251, § 4; C. Supp. 1950, § 8412; Acts 1970, ch. 440, § 1; 1973, ch. 66, § 3; impl. am. Acts 1978, ch. 934, § 7; Acts 1979, ch. 87, § 1; 1981, ch. 211, §§ 1, 2; 1983, ch. 331, §§ 1, 2; T.C.A. (orig. ed.), § 36-415; Acts 1984, ch. 516, § 1; 1987, ch. 146, § 1; 1987, ch. 336, §§ 4, 5; 1988, ch. 471, §§ 1, 2; 1991, ch. 86, § 1; 1992, ch. 911, § 1; 1993, ch. 50, § 1; 1994, ch. 619, § 1; 1995, ch. 94, § 1; 1995, ch. 128, § 1; 1997 , ch. 295, §§ 1, 2; 1998, ch. 745, §§ 1, 2; 1999, ch. 526, § 1; 2003 , ch. 90, § 2; 2003 , ch. 376, § 3; 2005, ch. 21, § 1; 2012 , ch. 677, § 1.
Tenn. Code Ann. § 36-5-2311 — TN Code / Title 36 / Chapter 5 / Section 36-5-2311
Pleadings and accompanying documents
Status: in_force

(a) In a proceeding under parts 20-29 of this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under § 36-5-2312 , the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent. (b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency. Acts 2010, ch. 901, § 1.
(a) In a proceeding under parts 20-29 of this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under § 36-5-2312 , the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
(b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-6-242 — TN Code / Title 36 / Chapter 6 / Section 36-6-242
Uniformity of construction among states
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Acts 1999, ch. 389, § 43.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Acts 1999, ch. 389, § 43.
Tenn. Code Ann. § 36-5-815 — TN Code / Title 36 / Chapter 5 / Section 36-5-815
Rulemaking authority
Status: in_force

The department shall have authority to promulgate rules to implement any provisions of this part pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1997, ch. 551, § 11.
The department shall have authority to promulgate rules to implement any provisions of this part pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1997, ch. 551, § 11.
Tenn. Code Ann. § 36-6-601 — TN Code / Title 36 / Chapter 6 / Section 36-6-601
Short title
Status: in_force

This part shall be known and may be cited as the "Uniform Child Abduction Prevention Act." Acts 2010, ch. 832, § 1.
This part shall be known and may be cited as the "Uniform Child Abduction Prevention Act."
Acts 2010, ch. 832, § 1.
Tenn. Code Ann. § 36-5-1105 — TN Code / Title 36 / Chapter 5 / Section 36-5-1105
Reports on W-4 forms
Status: in_force

Each report required by § 36-5-1102 shall be made on a W-4 form, or at the option of the employer, an equivalent form, containing the same data as required on the W-4 form. The report may be transmitted to the department by first class mail, magnetically or electronically in a format approved by the department. Acts 1997 , ch. 551, § 1.
Each report required by § 36-5-1102 shall be made on a W-4 form, or at the option of the employer, an equivalent form, containing the same data as required on the W-4 form. The report may be transmitted to the department by first class mail, magnetically or electronically in a format approved by the department.
Acts 1997 , ch. 551, § 1.
Tenn. Code Ann. § 36-5-115 — TN Code / Title 36 / Chapter 5 / Section 36-5-115
State registry of support cases
Status: in_force

(a) For the purposes of this section, "support order" means an order in which there is a judgment, decree, or order, whether temporary, final, or subject to modification, that is issued by a court of competent jurisdiction or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the state that issued the order and which order, judgment, or decree provides for monetary support, health care, arrearages, or reimbursement, and which may include related costs and fees, interest, penalties, income withholding, attorneys fees, and other relief. (b) All cases of support for which services are being provided pursuant to Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), and all support orders that are established or modified on or after October 1, 1998, regardless of whether such orders result from cases being enforced pursuant to Title IV-D of the Social Security Act, shall be contained in an automated state registry of support cases and support orders to be operated by the department of human services under such conditions, and containing such data elements, as are required by the secretary of the United States department of health and human services pursuant to 42 U.S.C. § 654a . (c) (1) (A) The clerk of a court who had opted out of the statewide child support computer system prior to March 1, 1998, and who maintains the records of support orders described in subsection (b) in non-Title IV-D cases, shall send a facsimile copy of the order, any necessary data elements required by the secretary of the United States department of health and human services, and any additional updated information regarding such data elements on the support case at such time as it is supplied to the clerk by the parties to the case, to the department or its contractor on a daily basis on a line and facsimile machine provided for such purpose by the department of human services. The machine shall be provided if the clerk's office does not have a facsimile machine as determined by the department through an equipment assessment. Line charges shall be the responsibility of the department either through use of a toll-free line or pursuant to the cost reimbursement requirements of § 36-5-117 . (B) As an alternative to provision by the clerk of the order and information as required by subdivision (c)(1)(A) by use of a facsimile machine, for those clerks who opted out of the statewide child support enforcement system pursuant to the former provisions of § 36-5-101(a) , upon the request of the clerk, the department shall conduct a computer needs assessment of the clerk's office. Based upon the assessment, the department shall provide either adequate computer equipment and Tennessee Child Support Enforcement System (TCSES) software to permit the transfer of information required by the federal case registry provisions, or if the clerk has an existing computer system that is the same system as a clerk that is currently interfacing with the department of human services' TCSES system, that clerk shall be given the same opportunity to interface with the TCSES system, with the costs of any modifications required to transmit the required data elements or to otherwise meet the requirements of federal law needed for the interfacing system to be the responsibility of the department of human services. (2) For clerks who operate under TCSES or under the TCSES interfacing system, including the model interfacing systems, the department will absorb the costs of modifications of the computer system necessary to receive and transmit information required by the federal law for the operation of the central case registry. For cases that are not subject to enforcement by the department pursuant to Title IV-D of the Social Security Act, these clerks shall transmit to the department or its contractor on a daily basis on TCSES, or the TCSES interfacing system, including the model interfacing system, the necessary data elements for the support case registry required by the secretary of the United States department of health and human services and any additional updated information regarding such data elements at such time as it is supplied to the clerk. (d) The clerks' costs for services of this section shall be paid according to the reimbursement process established pursuant to § 36-5-117 . Acts 1998, ch. 1048, § 2.
(a) For the purposes of this section, "support order" means an order in which there is a judgment, decree, or order, whether temporary, final, or subject to modification, that is issued by a court of competent jurisdiction or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the state that issued the order and which order, judgment, or decree provides for monetary support, health care, arrearages, or reimbursement, and which may include related costs and fees, interest, penalties, income withholding, attorneys fees, and other relief.
(b) All cases of support for which services are being provided pursuant to Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), and all support orders that are established or modified on or after October 1, 1998, regardless of whether such orders result from cases being enforced pursuant to Title IV-D of the Social Security Act, shall be contained in an automated state registry of support cases and support orders to be operated by the department of human services under such conditions, and containing such data elements, as are required by the secretary of the United States department of health and human services pursuant to 42 U.S.C. § 654a .
(c) (1) (A) The clerk of a court who had opted out of the statewide child support computer system prior to March 1, 1998, and who maintains the records of support orders described in subsection (b) in non-Title IV-D cases, shall send a facsimile copy of the order, any necessary data elements required by the secretary of the United States department of health and human services, and any additional updated information regarding such data elements on the support case at such time as it is supplied to the clerk by the parties to the case, to the department or its contractor on a daily basis on a line and facsimile machine provided for such purpose by the department of human services. The machine shall be provided if the clerk's office does not have a facsimile machine as determined by the department through an equipment assessment. Line charges shall be the responsibility of the department either through use of a toll-free line or pursuant to the cost reimbursement requirements of § 36-5-117 . (B) As an alternative to provision by the clerk of the order and information as required by subdivision (c)(1)(A) by use of a facsimile machine, for those clerks who opted out of the statewide child support enforcement system pursuant to the former provisions of § 36-5-101(a) , upon the request of the clerk, the department shall conduct a computer needs assessment of the clerk's office. Based upon the assessment, the department shall provide either adequate computer equipment and Tennessee Child Support Enforcement System (TCSES) software to permit the transfer of information required by the federal case registry provisions, or if the clerk has an existing computer system that is the same system as a clerk that is currently interfacing with the department of human services' TCSES system, that clerk shall be given the same opportunity to interface with the TCSES system, with the costs of any modifications required to transmit the required data elements or to otherwise meet the requirements of federal law needed for the interfacing system to be the responsibility of the department of human services. (2) For clerks who operate under TCSES or under the TCSES interfacing system, including the model interfacing systems, the department will absorb the costs of modifications of the computer system necessary to receive and transmit information required by the federal law for the operation of the central case registry. For cases that are not subject to enforcement by the department pursuant to Title IV-D of the Social Security Act, these clerks shall transmit to the department or its contractor on a daily basis on TCSES, or the TCSES interfacing system, including the model interfacing system, the necessary data elements for the support case registry required by the secretary of the United States department of health and human services and any additional updated information regarding such data elements at such time as it is supplied to the clerk.
(1) (A) The clerk of a court who had opted out of the statewide child support computer system prior to March 1, 1998, and who maintains the records of support orders described in subsection (b) in non-Title IV-D cases, shall send a facsimile copy of the order, any necessary data elements required by the secretary of the United States department of health and human services, and any additional updated information regarding such data elements on the support case at such time as it is supplied to the clerk by the parties to the case, to the department or its contractor on a daily basis on a line and facsimile machine provided for such purpose by the department of human services. The machine shall be provided if the clerk's office does not have a facsimile machine as determined by the department through an equipment assessment. Line charges shall be the responsibility of the department either through use of a toll-free line or pursuant to the cost reimbursement requirements of § 36-5-117 . (B) As an alternative to provision by the clerk of the order and information as required by subdivision (c)(1)(A) by use of a facsimile machine, for those clerks who opted out of the statewide child support enforcement system pursuant to the former provisions of § 36-5-101(a) , upon the request of the clerk, the department shall conduct a computer needs assessment of the clerk's office. Based upon the assessment, the department shall provide either adequate computer equipment and Tennessee Child Support Enforcement System (TCSES) software to permit the transfer of information required by the federal case registry provisions, or if the clerk has an existing computer system that is the same system as a clerk that is currently interfacing with the department of human services' TCSES system, that clerk shall be given the same opportunity to interface with the TCSES system, with the costs of any modifications required to transmit the required data elements or to otherwise meet the requirements of federal law needed for the interfacing system to be the responsibility of the department of human services.
(A) The clerk of a court who had opted out of the statewide child support computer system prior to March 1, 1998, and who maintains the records of support orders described in subsection (b) in non-Title IV-D cases, shall send a facsimile copy of the order, any necessary data elements required by the secretary of the United States department of health and human services, and any additional updated information regarding such data elements on the support case at such time as it is supplied to the clerk by the parties to the case, to the department or its contractor on a daily basis on a line and facsimile machine provided for such purpose by the department of human services. The machine shall be provided if the clerk's office does not have a facsimile machine as determined by the department through an equipment assessment. Line charges shall be the responsibility of the department either through use of a toll-free line or pursuant to the cost reimbursement requirements of § 36-5-117 .
(B) As an alternative to provision by the clerk of the order and information as required by subdivision (c)(1)(A) by use of a facsimile machine, for those clerks who opted out of the statewide child support enforcement system pursuant to the former provisions of § 36-5-101(a) , upon the request of the clerk, the department shall conduct a computer needs assessment of the clerk's office. Based upon the assessment, the department shall provide either adequate computer equipment and Tennessee Child Support Enforcement System (TCSES) software to permit the transfer of information required by the federal case registry provisions, or if the clerk has an existing computer system that is the same system as a clerk that is currently interfacing with the department of human services' TCSES system, that clerk shall be given the same opportunity to interface with the TCSES system, with the costs of any modifications required to transmit the required data elements or to otherwise meet the requirements of federal law needed for the interfacing system to be the responsibility of the department of human services.
(2) For clerks who operate under TCSES or under the TCSES interfacing system, including the model interfacing systems, the department will absorb the costs of modifications of the computer system necessary to receive and transmit information required by the federal law for the operation of the central case registry. For cases that are not subject to enforcement by the department pursuant to Title IV-D of the Social Security Act, these clerks shall transmit to the department or its contractor on a daily basis on TCSES, or the TCSES interfacing system, including the model interfacing system, the necessary data elements for the support case registry required by the secretary of the United States department of health and human services and any additional updated information regarding such data elements at such time as it is supplied to the clerk.
(d) The clerks' costs for services of this section shall be paid according to the reimbursement process established pursuant to § 36-5-117 .
Acts 1998, ch. 1048, § 2.
Tenn. Code Ann. § 36-6-415 — TN Code / Title 36 / Chapter 6 / Section 36-6-415
Address for purposes of determining school zoning
Status: in_force

When the child is scheduled to reside an equal amount of time with both parents, the address of either parent may be used to determine school zoning. Added by 2019 Tenn. Acts, ch. 83,s 3, eff. 7/1/2019.
When the child is scheduled to reside an equal amount of time with both parents, the address of either parent may be used to determine school zoning.
Added by 2019 Tenn. Acts, ch. 83,s 3, eff. 7/1/2019.
Tenn. Code Ann. § 36-6-231 — TN Code / Title 36 / Chapter 6 / Section 36-6-231
Proceeding for enforcement of registered decree when modification procedures are pending in another state
Status: in_force

If a proceeding for enforcement under this part is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under this part, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding. Acts 1999, ch. 389, § 32.
If a proceeding for enforcement under this part is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under this part, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
Acts 1999, ch. 389, § 32.
Tenn. Code Ann. § 36-1-139 — TN Code / Title 36 / Chapter 1 / Section 36-1-139
Penalty for providing false information related to information requests
Status: in_force

Any person who or entity that knowingly provides false information to the department, a licensed child-placing agency or licensed clinical social worker, or the court in connection with any of the provisions of §§ 36-1-125 - 36-1-138 or § 36-1-141 , or the rules and regulations of the department that establish procedures for search requests or access to records, commits a Class E felony. Acts 1995, ch. 532, § 1.
Any person who or entity that knowingly provides false information to the department, a licensed child-placing agency or licensed clinical social worker, or the court in connection with any of the provisions of §§ 36-1-125 - 36-1-138 or § 36-1-141 , or the rules and regulations of the department that establish procedures for search requests or access to records, commits a Class E felony.
Acts 1995, ch. 532, § 1.
Tenn. Code Ann. § 36-6-411 — TN Code / Title 36 / Chapter 6 / Section 36-6-411
Juvenile court jurisdiction
Status: in_force

(a) Nothing in this part shall be construed to alter, modify or restrict the exclusive jurisdiction of the juvenile court pursuant to § 37-1-103 . (b) The juvenile court may incorporate any part of the parenting plan process in any matter that the court deems appropriate. (c) Nothing in this part shall require the department of children's services, acting in any capacity, to: (1) Be bound in any manner by a permanent parenting plan; (2) Participate in mediation or dispute resolution in relation to any permanent parenting plan; or (3) Facilitate the development, modification, or presentation of any permanent or temporary parenting plan to a court. Acts 1997, ch. 557, § 1; T.C.A., § 36-6-403 ; Acts 2000, ch. 889, § 1; 2006, ch. 947, §§ 1, 4.
(a) Nothing in this part shall be construed to alter, modify or restrict the exclusive jurisdiction of the juvenile court pursuant to § 37-1-103 .
(b) The juvenile court may incorporate any part of the parenting plan process in any matter that the court deems appropriate.
(c) Nothing in this part shall require the department of children's services, acting in any capacity, to: (1) Be bound in any manner by a permanent parenting plan; (2) Participate in mediation or dispute resolution in relation to any permanent parenting plan; or (3) Facilitate the development, modification, or presentation of any permanent or temporary parenting plan to a court.
(1) Be bound in any manner by a permanent parenting plan;
(2) Participate in mediation or dispute resolution in relation to any permanent parenting plan; or
(3) Facilitate the development, modification, or presentation of any permanent or temporary parenting plan to a court.
Acts 1997, ch. 557, § 1; T.C.A., § 36-6-403 ; Acts 2000, ch. 889, § 1; 2006, ch. 947, §§ 1, 4.
Tenn. Code Ann. § 36-6-506 — TN Code / Title 36 / Chapter 6 / Section 36-6-506
Determining noncompliance of visitation
Status: in_force

The court may certify in writing or by electronic data exchange to each licensing authority that the offending parent is not in compliance with an order of visitation if: (1) Such parent does not timely request a hearing upon service of notice issued under § 36-6-503 ; (2) Such parent has not entered into a consent order as provided for in § 36-6-504 , or having entered into such an order, has failed to comply with such an order; (3) The court issues a decision after a hearing pursuant to this part that finds such parent is not in compliance with an order of visitation; or (4) In any proceeding to enforce any provision of an order of visitation, the court finds a parent to be not in compliance with the order of visitation and the other parent specifically prayed for relief in the form of license revocation, denial or suspension. Acts 2000, ch. 971, § 7.
The court may certify in writing or by electronic data exchange to each licensing authority that the offending parent is not in compliance with an order of visitation if:
(1) Such parent does not timely request a hearing upon service of notice issued under § 36-6-503 ;
(2) Such parent has not entered into a consent order as provided for in § 36-6-504 , or having entered into such an order, has failed to comply with such an order;
(3) The court issues a decision after a hearing pursuant to this part that finds such parent is not in compliance with an order of visitation; or
(4) In any proceeding to enforce any provision of an order of visitation, the court finds a parent to be not in compliance with the order of visitation and the other parent specifically prayed for relief in the form of license revocation, denial or suspension.
Acts 2000, ch. 971, § 7.
Tenn. Code Ann. § 36-2-313 — TN Code / Title 36 / Chapter 2 / Section 36-2-313
Inheritance of child from father - Information to commissioner of health - Recovery of fees paid by the department of health - New birth certificates
Status: in_force

(a) When, under this chapter, the relationship of father and child is established, the child shall be entitled to inherit from the father as if born to the father in wedlock. (b) When an order of parentage has been entered, the clerk of the court shall transmit to the commissioner of health, on a form prescribed by the commissioner, a written notification as to such order, together with such other facts as may assist in identifying the birth record of the child whose parentage is at issue. The form shall contain at a minimum the information required by § 36-2-311(a)(1)-(8) . If such order shall be abrogated by a later judgment or order of the same or a higher court, that fact shall be immediately communicated in writing to the commissioner, on a form prescribed by the commissioner, by the clerk of the court that entered such order, if the information is available in the court records. (c) The court shall include in each order of parentage an order that the nonprevailing party or, if parentage was not contested, the person who is being confirmed as the father of the child by the order of parentage, pay into the court an amount equal to the sum of any fees required to be paid by the department of health, or any successor to the department, for the processing or issuance of a birth certificate. Any money paid into court pursuant to this subsection (c) shall be received by the clerk and paid out by the clerk as required by subsection (d). (d) When an order of parentage has been entered, the clerk of the court shall immediately transmit a certified copy of the order and the completed application for a new certificate of birth by parentage to the registrar of vital records, who shall issue a new certificate of birth by parentage in conformity with the rules and regulations of the department of health. Upon receipt of the fee required by the department of health, the clerk shall transmit the fee to the registrar of vital records. Notwithstanding any law or regulation to the contrary, the registrar shall not be required to issue a new certificate of birth until the fee is paid. Acts 1997, ch. 477, § 1; 1998, ch. 1098, § 73; 2007, ch. 138, § 1.
(a) When, under this chapter, the relationship of father and child is established, the child shall be entitled to inherit from the father as if born to the father in wedlock.
(b) When an order of parentage has been entered, the clerk of the court shall transmit to the commissioner of health, on a form prescribed by the commissioner, a written notification as to such order, together with such other facts as may assist in identifying the birth record of the child whose parentage is at issue. The form shall contain at a minimum the information required by § 36-2-311(a)(1)-(8) . If such order shall be abrogated by a later judgment or order of the same or a higher court, that fact shall be immediately communicated in writing to the commissioner, on a form prescribed by the commissioner, by the clerk of the court that entered such order, if the information is available in the court records.
(c) The court shall include in each order of parentage an order that the nonprevailing party or, if parentage was not contested, the person who is being confirmed as the father of the child by the order of parentage, pay into the court an amount equal to the sum of any fees required to be paid by the department of health, or any successor to the department, for the processing or issuance of a birth certificate. Any money paid into court pursuant to this subsection (c) shall be received by the clerk and paid out by the clerk as required by subsection (d).
(d) When an order of parentage has been entered, the clerk of the court shall immediately transmit a certified copy of the order and the completed application for a new certificate of birth by parentage to the registrar of vital records, who shall issue a new certificate of birth by parentage in conformity with the rules and regulations of the department of health. Upon receipt of the fee required by the department of health, the clerk shall transmit the fee to the registrar of vital records. Notwithstanding any law or regulation to the contrary, the registrar shall not be required to issue a new certificate of birth until the fee is paid.
Acts 1997, ch. 477, § 1; 1998, ch. 1098, § 73; 2007, ch. 138, § 1.
Tenn. Code Ann. § 36-5-910 — TN Code / Title 36 / Chapter 5 / Section 36-5-910
"Financial institution" defined
Status: in_force

As used in this part, "financial institution" shall mean: (1) A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act ( 12 U.S.C. § 1813(c) ); (2) An institution-affiliated party, as defined in Section 3(u) of such act ( 12 U.S.C. § 1813(u) ); (3) Any Federal credit union or state credit union as defined in Section 101 of the Federal Credit Union Act ( 12 U.S.C. § 1752 ), including an institution-affiliated party of such a credit union, as defined in Section 206 of such Act ( 12 U.S.C. § 1786 ); (4) Any benefit association, insurance company, safe deposit company, money-market mutual fund, securities broker/dealer, or similar entity authorized to conduct business in this state. Acts 1997 , ch. 551, § 12.
As used in this part, "financial institution" shall mean:
(1) A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act ( 12 U.S.C. § 1813(c) );
(2) An institution-affiliated party, as defined in Section 3(u) of such act ( 12 U.S.C. § 1813(u) );
(3) Any Federal credit union or state credit union as defined in Section 101 of the Federal Credit Union Act ( 12 U.S.C. § 1752 ), including an institution-affiliated party of such a credit union, as defined in Section 206 of such Act ( 12 U.S.C. § 1786 );
(4) Any benefit association, insurance company, safe deposit company, money-market mutual fund, securities broker/dealer, or similar entity authorized to conduct business in this state.
Acts 1997 , ch. 551, § 12.
Tenn. Code Ann. § 36-6-303 — TN Code / Title 36 / Chapter 6 / Section 36-6-303
Visitation rights of stepparents
Status: in_force

(a) (1) In extraordinary cases, the court is authorized to order stepparent visitation under the following circumstances: If a stepparent or former stepparent presents a petition, or a motion in a pending case to which the stepparent is a party, for visitation with the stepparent's stepchild or former stepchild to the circuit court, chancery court, general sessions court with domestic relations jurisdiction, or juvenile court of the county in which the stepchild or former stepchild resides, the court shall set the matter for hearing if such visitation is opposed by a parent or custodian or if the petitioner's visitation has been severely reduced by the parent or custodian and any of the following circumstances exist: (A) The parent of the child to whom the petitioner was married is deceased; (B) The child's parent and the petitioner are divorced or are in the process of seeking a divorce; (C) The whereabouts of the child's parent to whom the petitioner is married are unknown; (D) The court of another state has ordered the visitation between the child and the petitioner; (E) The child and petitioner maintained a significant relationship for a substantial period of time preceding severance or severe reduction of contact and the contact was severed or severely reduced by the parent or custodian for reasons other than abuse or presence of danger of substantial mental, emotional, or physical harm to the child, and severance or severe reduction of this contact is likely to cause substantial mental, emotional, or physical harm to the child; or (F) There has been an unreasonable denial of visitation by a parent or custodian and the denial has caused the child severe mental, emotional, or physical harm. (2) For purposes of this section, "petitioner" includes a movant, unless the context otherwise requires. (b) (1) In considering a petition or motion for stepparent visitation, the court shall first determine the presence of a danger of substantial mental, emotional, or physical harm to the child if the requested visitation is not permitted by the court. Such finding of substantial harm may be based upon cessation or severe reduction of the contact between a minor child and the petitioner only if the court determines by a preponderance of the evidence that the child had a significant existing relationship with the petitioner, and that loss of or severe reduction in contact is likely to occasion severe mental, emotional, or physical harm to the child or presents the danger of other direct and substantial harm to the child. (2) A petitioner is not required to present the testimony of an expert witness in order to establish a significant existing relationship with a child or that the loss or severe reduction of the contact is likely to cause substantial mental, emotional, or physical harm to the child. (c) There is a rebuttable presumption that a fit parent's or custodian's actions and decisions regarding the petitioner's requested visitation are not harmful to the child's mental, emotional, or physical health. The burden is on the petitioner to prove that a parent's or custodian's actions and decisions regarding visitation will cause substantial harm to the child's mental, emotional, or physical health. (d) Upon an initial finding of the presence of a danger of substantial mental, emotional, or physical harm to the child, the court shall then determine whether the petitioner's visitation would be in the best interest of the child based upon the factors in subsection (e). The best interest finding will only occur in extraordinary cases. Upon a determination that visitation would be in the best interest of the child, reasonable visitation may be ordered. (e) In determining the best interests of the child under this section, the court shall consider all pertinent matters, including, but not limited to, the following: (1) The length and quality of the prior relationship between the child and the petitioner and the role performed by the petitioner; (2) The existing emotional ties of the child to the petitioner; (3) The preference of the child if the child is determined to be of sufficient maturity to express a preference; (4) The effect of hostility between the petitioner and the parent or custodian of the child manifested before the child, and the willingness of the petitioner, except in case of abuse, to encourage a close relationship between the child and the parent or custodian of the child; (5) The good faith of the petitioner in filing the petition or motion; (6) If one (1) parent or custodian is deceased or missing, the fact that the petitioner requesting visitation is or was the spouse of the deceased or missing parent or custodian; (7) Any unreasonable deprivation of the petitioner's opportunity to visit with the child by the child's parent or custodian; (8) Whether the petitioner is seeking to maintain a significant existing relationship with the child; (9) Whether awarding the petitioner visitation would interfere with the parent-child relationship or the custodian-child relationship; (10) The child's interactions and interrelationships with siblings, half-siblings, other relatives, and step-relatives; (11) Any court finding that the child's parent or custodian is unfit; and (12) Any other factors the court deems relevant. Amended by 2019 Tenn. Acts, ch. 431, s 1, eff. 7/1/2019. Acts 1981, ch. 243, § 1; T.C.A., § 36-837; § 36-6-302 ; Acts 1995, ch. 428, § 3.
(a) (1) In extraordinary cases, the court is authorized to order stepparent visitation under the following circumstances: If a stepparent or former stepparent presents a petition, or a motion in a pending case to which the stepparent is a party, for visitation with the stepparent's stepchild or former stepchild to the circuit court, chancery court, general sessions court with domestic relations jurisdiction, or juvenile court of the county in which the stepchild or former stepchild resides, the court shall set the matter for hearing if such visitation is opposed by a parent or custodian or if the petitioner's visitation has been severely reduced by the parent or custodian and any of the following circumstances exist: (A) The parent of the child to whom the petitioner was married is deceased; (B) The child's parent and the petitioner are divorced or are in the process of seeking a divorce; (C) The whereabouts of the child's parent to whom the petitioner is married are unknown; (D) The court of another state has ordered the visitation between the child and the petitioner; (E) The child and petitioner maintained a significant relationship for a substantial period of time preceding severance or severe reduction of contact and the contact was severed or severely reduced by the parent or custodian for reasons other than abuse or presence of danger of substantial mental, emotional, or physical harm to the child, and severance or severe reduction of this contact is likely to cause substantial mental, emotional, or physical harm to the child; or (F) There has been an unreasonable denial of visitation by a parent or custodian and the denial has caused the child severe mental, emotional, or physical harm. (2) For purposes of this section, "petitioner" includes a movant, unless the context otherwise requires.
(1) In extraordinary cases, the court is authorized to order stepparent visitation under the following circumstances: If a stepparent or former stepparent presents a petition, or a motion in a pending case to which the stepparent is a party, for visitation with the stepparent's stepchild or former stepchild to the circuit court, chancery court, general sessions court with domestic relations jurisdiction, or juvenile court of the county in which the stepchild or former stepchild resides, the court shall set the matter for hearing if such visitation is opposed by a parent or custodian or if the petitioner's visitation has been severely reduced by the parent or custodian and any of the following circumstances exist: (A) The parent of the child to whom the petitioner was married is deceased; (B) The child's parent and the petitioner are divorced or are in the process of seeking a divorce; (C) The whereabouts of the child's parent to whom the petitioner is married are unknown; (D) The court of another state has ordered the visitation between the child and the petitioner; (E) The child and petitioner maintained a significant relationship for a substantial period of time preceding severance or severe reduction of contact and the contact was severed or severely reduced by the parent or custodian for reasons other than abuse or presence of danger of substantial mental, emotional, or physical harm to the child, and severance or severe reduction of this contact is likely to cause substantial mental, emotional, or physical harm to the child; or (F) There has been an unreasonable denial of visitation by a parent or custodian and the denial has caused the child severe mental, emotional, or physical harm.
(A) The parent of the child to whom the petitioner was married is deceased;
(B) The child's parent and the petitioner are divorced or are in the process of seeking a divorce;
(C) The whereabouts of the child's parent to whom the petitioner is married are unknown;
(D) The court of another state has ordered the visitation between the child and the petitioner;
(E) The child and petitioner maintained a significant relationship for a substantial period of time preceding severance or severe reduction of contact and the contact was severed or severely reduced by the parent or custodian for reasons other than abuse or presence of danger of substantial mental, emotional, or physical harm to the child, and severance or severe reduction of this contact is likely to cause substantial mental, emotional, or physical harm to the child; or
(F) There has been an unreasonable denial of visitation by a parent or custodian and the denial has caused the child severe mental, emotional, or physical harm.
(2) For purposes of this section, "petitioner" includes a movant, unless the context otherwise requires.
(b) (1) In considering a petition or motion for stepparent visitation, the court shall first determine the presence of a danger of substantial mental, emotional, or physical harm to the child if the requested visitation is not permitted by the court. Such finding of substantial harm may be based upon cessation or severe reduction of the contact between a minor child and the petitioner only if the court determines by a preponderance of the evidence that the child had a significant existing relationship with the petitioner, and that loss of or severe reduction in contact is likely to occasion severe mental, emotional, or physical harm to the child or presents the danger of other direct and substantial harm to the child. (2) A petitioner is not required to present the testimony of an expert witness in order to establish a significant existing relationship with a child or that the loss or severe reduction of the contact is likely to cause substantial mental, emotional, or physical harm to the child.
(1) In considering a petition or motion for stepparent visitation, the court shall first determine the presence of a danger of substantial mental, emotional, or physical harm to the child if the requested visitation is not permitted by the court. Such finding of substantial harm may be based upon cessation or severe reduction of the contact between a minor child and the petitioner only if the court determines by a preponderance of the evidence that the child had a significant existing relationship with the petitioner, and that loss of or severe reduction in contact is likely to occasion severe mental, emotional, or physical harm to the child or presents the danger of other direct and substantial harm to the child.
(2) A petitioner is not required to present the testimony of an expert witness in order to establish a significant existing relationship with a child or that the loss or severe reduction of the contact is likely to cause substantial mental, emotional, or physical harm to the child.
(c) There is a rebuttable presumption that a fit parent's or custodian's actions and decisions regarding the petitioner's requested visitation are not harmful to the child's mental, emotional, or physical health. The burden is on the petitioner to prove that a parent's or custodian's actions and decisions regarding visitation will cause substantial harm to the child's mental, emotional, or physical health.
(d) Upon an initial finding of the presence of a danger of substantial mental, emotional, or physical harm to the child, the court shall then determine whether the petitioner's visitation would be in the best interest of the child based upon the factors in subsection (e). The best interest finding will only occur in extraordinary cases. Upon a determination that visitation would be in the best interest of the child, reasonable visitation may be ordered.
(e) In determining the best interests of the child under this section, the court shall consider all pertinent matters, including, but not limited to, the following: (1) The length and quality of the prior relationship between the child and the petitioner and the role performed by the petitioner; (2) The existing emotional ties of the child to the petitioner; (3) The preference of the child if the child is determined to be of sufficient maturity to express a preference; (4) The effect of hostility between the petitioner and the parent or custodian of the child manifested before the child, and the willingness of the petitioner, except in case of abuse, to encourage a close relationship between the child and the parent or custodian of the child; (5) The good faith of the petitioner in filing the petition or motion; (6) If one (1) parent or custodian is deceased or missing, the fact that the petitioner requesting visitation is or was the spouse of the deceased or missing parent or custodian; (7) Any unreasonable deprivation of the petitioner's opportunity to visit with the child by the child's parent or custodian; (8) Whether the petitioner is seeking to maintain a significant existing relationship with the child; (9) Whether awarding the petitioner visitation would interfere with the parent-child relationship or the custodian-child relationship; (10) The child's interactions and interrelationships with siblings, half-siblings, other relatives, and step-relatives; (11) Any court finding that the child's parent or custodian is unfit; and (12) Any other factors the court deems relevant.
(1) The length and quality of the prior relationship between the child and the petitioner and the role performed by the petitioner;
(2) The existing emotional ties of the child to the petitioner;
(3) The preference of the child if the child is determined to be of sufficient maturity to express a preference;
(4) The effect of hostility between the petitioner and the parent or custodian of the child manifested before the child, and the willingness of the petitioner, except in case of abuse, to encourage a close relationship between the child and the parent or custodian of the child;
(5) The good faith of the petitioner in filing the petition or motion;
(6) If one (1) parent or custodian is deceased or missing, the fact that the petitioner requesting visitation is or was the spouse of the deceased or missing parent or custodian;
(7) Any unreasonable deprivation of the petitioner's opportunity to visit with the child by the child's parent or custodian;
(8) Whether the petitioner is seeking to maintain a significant existing relationship with the child;
(9) Whether awarding the petitioner visitation would interfere with the parent-child relationship or the custodian-child relationship;
(10) The child's interactions and interrelationships with siblings, half-siblings, other relatives, and step-relatives;
(11) Any court finding that the child's parent or custodian is unfit; and
(12) Any other factors the court deems relevant.
Amended by 2019 Tenn. Acts, ch. 431, s 1, eff. 7/1/2019.
Acts 1981, ch. 243, § 1; T.C.A., § 36-837; § 36-6-302 ; Acts 1995, ch. 428, § 3.
Tenn. Code Ann. § 36-5-2705 — TN Code / Title 36 / Chapter 5 / Section 36-5-2705
Direct request
Status: in_force

(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies. (b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, §§ 36-5-2706 - 36-5-2713 apply. (c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement: (1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and (2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances. (d) A petitioner filing a direct request is not entitled to assistance from the department of human services. (e) This part does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement. Acts 2010, ch. 901, § 1.
(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, §§ 36-5-2706 - 36-5-2713 apply.
(c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement: (1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and (2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and
(2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(d) A petitioner filing a direct request is not entitled to assistance from the department of human services.
(e) This part does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-1201 — TN Code / Title 36 / Chapter 5 / Section 36-5-1201
Administrative enforcement in interstate cases
Status: in_force

(a) The department of human services, as the Title IV-D child support enforcement agency of this state, shall use high-volume automated administrative enforcement, to the same extent as used for intrastate cases, in response to a request made by another state to enforce support orders, and shall promptly report the results of such enforcement procedure to the requesting state. (b) The agencies of this or any state that enforce child support may, by electronic or other means, transmit to another state or to this state a request for assistance in enforcing support orders through high-volume, automated administrative enforcement, which request: (1) Shall include such information as will enable the state to which the request is transmitted to compare the information about the cases to the information in the data bases of the state receiving the request; and (2) Shall constitute a certification by the requesting state: (A) Of the amount of support under an order the payment of which is in arrears; and (B) That the requesting state has complied with all procedural due process requirements applicable to each case. (c) If the department provides assistance to another state with respect to a case, or if another state seeks assistance from the department pursuant to this section, neither state shall consider the case to be transferred to the caseload of such other state. (d) The department shall maintain records of: (1) The number of such requests for assistance received by the department; (2) The number of cases for which the department collected support in response to such a request; and (3) The amount of such collected support. (e) In this part, the term "high-volume automated administrative enforcement" in interstate cases means, on request of another state, the identification by the department, through automated data matches with financial institutions and other entities where assets may be found, of assets owned by persons who owe child support in other states, and the seizure of such assets by the department, through levy or other appropriate means. Acts 1997, ch. 551, § 15; 1998, ch. 1098, § 46; 2001, ch. 447, § 10.
(a) The department of human services, as the Title IV-D child support enforcement agency of this state, shall use high-volume automated administrative enforcement, to the same extent as used for intrastate cases, in response to a request made by another state to enforce support orders, and shall promptly report the results of such enforcement procedure to the requesting state.
(b) The agencies of this or any state that enforce child support may, by electronic or other means, transmit to another state or to this state a request for assistance in enforcing support orders through high-volume, automated administrative enforcement, which request: (1) Shall include such information as will enable the state to which the request is transmitted to compare the information about the cases to the information in the data bases of the state receiving the request; and (2) Shall constitute a certification by the requesting state: (A) Of the amount of support under an order the payment of which is in arrears; and (B) That the requesting state has complied with all procedural due process requirements applicable to each case.
(1) Shall include such information as will enable the state to which the request is transmitted to compare the information about the cases to the information in the data bases of the state receiving the request; and
(2) Shall constitute a certification by the requesting state: (A) Of the amount of support under an order the payment of which is in arrears; and (B) That the requesting state has complied with all procedural due process requirements applicable to each case.
(A) Of the amount of support under an order the payment of which is in arrears; and
(B) That the requesting state has complied with all procedural due process requirements applicable to each case.
(c) If the department provides assistance to another state with respect to a case, or if another state seeks assistance from the department pursuant to this section, neither state shall consider the case to be transferred to the caseload of such other state.
(d) The department shall maintain records of: (1) The number of such requests for assistance received by the department; (2) The number of cases for which the department collected support in response to such a request; and (3) The amount of such collected support.
(1) The number of such requests for assistance received by the department;
(2) The number of cases for which the department collected support in response to such a request; and
(3) The amount of such collected support.
(e) In this part, the term "high-volume automated administrative enforcement" in interstate cases means, on request of another state, the identification by the department, through automated data matches with financial institutions and other entities where assets may be found, of assets owned by persons who owe child support in other states, and the seizure of such assets by the department, through levy or other appropriate means.
Acts 1997, ch. 551, § 15; 1998, ch. 1098, § 46; 2001, ch. 447, § 10.
Tenn. Code Ann. § 36-4-122 — TN Code / Title 36 / Chapter 4 / Section 36-4-122
Costs
Status: in_force

The court may decree costs against either party, and may award execution for the same, or, in case any estate is sequestered, or in the power of the court, or in the hands of a receiver, it may order the costs to be paid out of such property. Code 1858, § 2477 (deriv. Acts 1831, ch. 20, § 1; 1835-1836, ch. 26, §§ 17, 20, 21); Shan., § 4230; mod. Code 1932, §8455; T.C.A. (orig. ed.), § 36-829.
The court may decree costs against either party, and may award execution for the same, or, in case any estate is sequestered, or in the power of the court, or in the hands of a receiver, it may order the costs to be paid out of such property.
Code 1858, § 2477 (deriv. Acts 1831, ch. 20, § 1; 1835-1836, ch. 26, §§ 17, 20, 21); Shan., § 4230; mod. Code 1932, §8455; T.C.A. (orig. ed.), § 36-829.
Tenn. Code Ann. § 36-7-308 — TN Code / Title 36 / Chapter 7 / Section 36-7-308
Content of temporary custody order
Status: in_force

(a) An order granting custodial responsibility under this part must: (1) Designate the order as temporary; and (2) Identify to the extent feasible the destination, duration, and conditions of the deployment. (b) If applicable, an order for custodial responsibility under this part must: (1) Specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent; (2) If the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise; (3) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications; (4) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child; and (5) Provide that the order will terminate pursuant to part 4 of this chapter after the deploying parent returns from deployment. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
(a) An order granting custodial responsibility under this part must: (1) Designate the order as temporary; and (2) Identify to the extent feasible the destination, duration, and conditions of the deployment.
(1) Designate the order as temporary; and
(2) Identify to the extent feasible the destination, duration, and conditions of the deployment.
(b) If applicable, an order for custodial responsibility under this part must: (1) Specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent; (2) If the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise; (3) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications; (4) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child; and (5) Provide that the order will terminate pursuant to part 4 of this chapter after the deploying parent returns from deployment.
(1) Specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent;
(2) If the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise;
(3) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications;
(4) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child; and
(5) Provide that the order will terminate pursuant to part 4 of this chapter after the deploying parent returns from deployment.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-6-206 — TN Code / Title 36 / Chapter 6 / Section 36-6-206
Applicability to adoption or emergency medical care proceedings
Status: in_force

This part does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. Acts 1999, ch. 389, § 7.
This part does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
Acts 1999, ch. 389, § 7.
Tenn. Code Ann. § 36-5-114 — TN Code / Title 36 / Chapter 5 / Section 36-5-114
Federally required state collection and disbursement unit for child and spousal support
Status: in_force

(a) (1) This section is intended to outline a flexible waiver application procedure for the federally required centralized collection and disbursement of child and spousal support established pursuant to 42 U.S.C. § 654b . Wherever the terminology "collection and disbursement" is used in this section, or in other sections of law using that terminology, it is the legislative intent that the use of such term in the conjunctive shall not be construed to prevent the department of human services from seeking waivers and the state from implementing any procedures, permitted by federal law, regulations, or interpretations of such law or regulations or such waivers, that may allow for alternate methods or processes for either collection or disbursement of child and spousal support by the clerks of the courts of this state. (2) (A) If the federal law, or regulations or the interpretation of such law or regulations, are repealed or modified so that centralized collection and disbursement are no longer mandated by federal law, and such repeal or modification occurs before the implementation of the centralized collection system, either directly by department itself or before the execution of a contract by the department with a contractor for the operation of such system, the provisions of state law addressing such a centralized system for the collection and disbursement of child and spousal support shall be null and void. (B) Should the federal requirement of a centralized system be repealed or modified after implementation by the department of the federally required centralized collection and disbursement system, either directly by the department or by the department through a contractor, the provisions of law relative to the federally required centralized collection and disbursement system shall remain in effect, but the commissioner of human services shall, at the request of and in conjunction with the clerks of the court, develop a plan for transition of the collection and disbursement functions to the clerks of the court, which shall include proposed legislation that may be necessary to return the collection and disbursement process to the clerks of court. The plan shall be submitted to chairs of the civil justice committee of the house of representatives and the judiciary committee of the senate prior to the beginning of the next session of the general assembly after the repeal or modification of the federal requirements, but in no event later than ninety (90) days after the repeal or modification of the federal requirements. (3) Nothing herein shall impair the validity of a contract that has been executed by the state of Tennessee or the department with any person or entity for the operation of the federally required centralized collection and disbursement system before the repeal or modification of the federal centralized collection and disbursement requirement. (b) (1) If a waiver is available under federal law or regulations that would enable the clerks of the court to continue to collect or disburse child and spousal support, the commissioner shall, at the request of the state court clerks conference, consult with the clerks of the court to determine the feasibility of implementing such a waiver, and shall make application to the United States department of health and human services for such a waiver; provided, that if the department has contracted for the operation of the central collection and disbursement system at the time federal law and regulations, or the interpretation of such, have changed, then this subdivision (b)(1) shall be subject to the contract terms. (2) In the event the waiver is granted that permits the clerks of court to perform services in the central collection and disbursement system, the clerks of court may enter into a contract, as permitted by state and federal law, with a third party to perform any of the functions required by federal law or required under such a waiver. If such a contract is appropriate, the president of the state court clerks conference, upon authorization of the board of directors of the state court clerks conference, shall have authority to bind the members of the conference to the terms of the contract. The contract may provide for any contractor to retain or distribute all or part of the clerks' fees authorized by § 8-21-403 , if permitted by federal regulations. Under any plan, the collection and disbursement of child and spousal support shall be conducted in such a manner as will not adversely affect either compliance with federal regulations or federal funding for the Title IV-A block grant program and the Title IV-D child support program. Amended by 2021 Tenn. Acts, ch. 64, s 23, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 33, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 21, eff. 4/19/2013. Acts 1997 , ch. 551, § 69; 1998, ch. 1048, § 1.
(a) (1) This section is intended to outline a flexible waiver application procedure for the federally required centralized collection and disbursement of child and spousal support established pursuant to 42 U.S.C. § 654b . Wherever the terminology "collection and disbursement" is used in this section, or in other sections of law using that terminology, it is the legislative intent that the use of such term in the conjunctive shall not be construed to prevent the department of human services from seeking waivers and the state from implementing any procedures, permitted by federal law, regulations, or interpretations of such law or regulations or such waivers, that may allow for alternate methods or processes for either collection or disbursement of child and spousal support by the clerks of the courts of this state. (2) (A) If the federal law, or regulations or the interpretation of such law or regulations, are repealed or modified so that centralized collection and disbursement are no longer mandated by federal law, and such repeal or modification occurs before the implementation of the centralized collection system, either directly by department itself or before the execution of a contract by the department with a contractor for the operation of such system, the provisions of state law addressing such a centralized system for the collection and disbursement of child and spousal support shall be null and void. (B) Should the federal requirement of a centralized system be repealed or modified after implementation by the department of the federally required centralized collection and disbursement system, either directly by the department or by the department through a contractor, the provisions of law relative to the federally required centralized collection and disbursement system shall remain in effect, but the commissioner of human services shall, at the request of and in conjunction with the clerks of the court, develop a plan for transition of the collection and disbursement functions to the clerks of the court, which shall include proposed legislation that may be necessary to return the collection and disbursement process to the clerks of court. The plan shall be submitted to chairs of the civil justice committee of the house of representatives and the judiciary committee of the senate prior to the beginning of the next session of the general assembly after the repeal or modification of the federal requirements, but in no event later than ninety (90) days after the repeal or modification of the federal requirements. (3) Nothing herein shall impair the validity of a contract that has been executed by the state of Tennessee or the department with any person or entity for the operation of the federally required centralized collection and disbursement system before the repeal or modification of the federal centralized collection and disbursement requirement.
(1) This section is intended to outline a flexible waiver application procedure for the federally required centralized collection and disbursement of child and spousal support established pursuant to 42 U.S.C. § 654b . Wherever the terminology "collection and disbursement" is used in this section, or in other sections of law using that terminology, it is the legislative intent that the use of such term in the conjunctive shall not be construed to prevent the department of human services from seeking waivers and the state from implementing any procedures, permitted by federal law, regulations, or interpretations of such law or regulations or such waivers, that may allow for alternate methods or processes for either collection or disbursement of child and spousal support by the clerks of the courts of this state.
(2) (A) If the federal law, or regulations or the interpretation of such law or regulations, are repealed or modified so that centralized collection and disbursement are no longer mandated by federal law, and such repeal or modification occurs before the implementation of the centralized collection system, either directly by department itself or before the execution of a contract by the department with a contractor for the operation of such system, the provisions of state law addressing such a centralized system for the collection and disbursement of child and spousal support shall be null and void. (B) Should the federal requirement of a centralized system be repealed or modified after implementation by the department of the federally required centralized collection and disbursement system, either directly by the department or by the department through a contractor, the provisions of law relative to the federally required centralized collection and disbursement system shall remain in effect, but the commissioner of human services shall, at the request of and in conjunction with the clerks of the court, develop a plan for transition of the collection and disbursement functions to the clerks of the court, which shall include proposed legislation that may be necessary to return the collection and disbursement process to the clerks of court. The plan shall be submitted to chairs of the civil justice committee of the house of representatives and the judiciary committee of the senate prior to the beginning of the next session of the general assembly after the repeal or modification of the federal requirements, but in no event later than ninety (90) days after the repeal or modification of the federal requirements.
(A) If the federal law, or regulations or the interpretation of such law or regulations, are repealed or modified so that centralized collection and disbursement are no longer mandated by federal law, and such repeal or modification occurs before the implementation of the centralized collection system, either directly by department itself or before the execution of a contract by the department with a contractor for the operation of such system, the provisions of state law addressing such a centralized system for the collection and disbursement of child and spousal support shall be null and void.
(B) Should the federal requirement of a centralized system be repealed or modified after implementation by the department of the federally required centralized collection and disbursement system, either directly by the department or by the department through a contractor, the provisions of law relative to the federally required centralized collection and disbursement system shall remain in effect, but the commissioner of human services shall, at the request of and in conjunction with the clerks of the court, develop a plan for transition of the collection and disbursement functions to the clerks of the court, which shall include proposed legislation that may be necessary to return the collection and disbursement process to the clerks of court. The plan shall be submitted to chairs of the civil justice committee of the house of representatives and the judiciary committee of the senate prior to the beginning of the next session of the general assembly after the repeal or modification of the federal requirements, but in no event later than ninety (90) days after the repeal or modification of the federal requirements.
(3) Nothing herein shall impair the validity of a contract that has been executed by the state of Tennessee or the department with any person or entity for the operation of the federally required centralized collection and disbursement system before the repeal or modification of the federal centralized collection and disbursement requirement.
(b) (1) If a waiver is available under federal law or regulations that would enable the clerks of the court to continue to collect or disburse child and spousal support, the commissioner shall, at the request of the state court clerks conference, consult with the clerks of the court to determine the feasibility of implementing such a waiver, and shall make application to the United States department of health and human services for such a waiver; provided, that if the department has contracted for the operation of the central collection and disbursement system at the time federal law and regulations, or the interpretation of such, have changed, then this subdivision (b)(1) shall be subject to the contract terms. (2) In the event the waiver is granted that permits the clerks of court to perform services in the central collection and disbursement system, the clerks of court may enter into a contract, as permitted by state and federal law, with a third party to perform any of the functions required by federal law or required under such a waiver. If such a contract is appropriate, the president of the state court clerks conference, upon authorization of the board of directors of the state court clerks conference, shall have authority to bind the members of the conference to the terms of the contract. The contract may provide for any contractor to retain or distribute all or part of the clerks' fees authorized by § 8-21-403 , if permitted by federal regulations. Under any plan, the collection and disbursement of child and spousal support shall be conducted in such a manner as will not adversely affect either compliance with federal regulations or federal funding for the Title IV-A block grant program and the Title IV-D child support program.
(1) If a waiver is available under federal law or regulations that would enable the clerks of the court to continue to collect or disburse child and spousal support, the commissioner shall, at the request of the state court clerks conference, consult with the clerks of the court to determine the feasibility of implementing such a waiver, and shall make application to the United States department of health and human services for such a waiver; provided, that if the department has contracted for the operation of the central collection and disbursement system at the time federal law and regulations, or the interpretation of such, have changed, then this subdivision (b)(1) shall be subject to the contract terms.
(2) In the event the waiver is granted that permits the clerks of court to perform services in the central collection and disbursement system, the clerks of court may enter into a contract, as permitted by state and federal law, with a third party to perform any of the functions required by federal law or required under such a waiver. If such a contract is appropriate, the president of the state court clerks conference, upon authorization of the board of directors of the state court clerks conference, shall have authority to bind the members of the conference to the terms of the contract. The contract may provide for any contractor to retain or distribute all or part of the clerks' fees authorized by § 8-21-403 , if permitted by federal regulations. Under any plan, the collection and disbursement of child and spousal support shall be conducted in such a manner as will not adversely affect either compliance with federal regulations or federal funding for the Title IV-A block grant program and the Title IV-D child support program.
Amended by 2021 Tenn. Acts, ch. 64, s 23, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 33, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 21, eff. 4/19/2013.
Acts 1997 , ch. 551, § 69; 1998, ch. 1048, § 1.
Tenn. Code Ann. § 36-5-2612 — TN Code / Title 36 / Chapter 5 / Section 36-5-2612
Recognition of order modified in another state
Status: in_force

If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state: (1) May enforce its order that was modified only as to arrears and interest accruing before the modification; (2) May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and (3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement. Acts 2010, ch. 901, § 1.
If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:
(1) May enforce its order that was modified only as to arrears and interest accruing before the modification;
(2) May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and
(3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-3-111 — TN Code / Title 36 / Chapter 3 / Section 36-3-111
County clerk violating law - Penalty
Status: in_force

Any county clerk or deputy clerk who issues a marriage license without compliance with the last sentence in § 36-3-103(c)(1) , §§ 36-3-104 - 36-3-106, § 36-3-109 , § 36-3-110 , or § 36-3-113 , and not in good faith, commits a Class C misdemeanor. Amended by 2018 Tenn. Acts, ch. 1049,s 6, eff. 5/21/2018. Acts 1937, ch. 81, § 5; C. Supp. 1950, § 8414.5; Acts 1959, ch. 124, § 3; T.C.A. (orig. ed.), § 36-413; Acts 1989, ch. 591, § 113; 1996, ch. 1031, § 3.
Any county clerk or deputy clerk who issues a marriage license without compliance with the last sentence in § 36-3-103(c)(1) , §§ 36-3-104 - 36-3-106, § 36-3-109 , § 36-3-110 , or § 36-3-113 , and not in good faith, commits a Class C misdemeanor.
Amended by 2018 Tenn. Acts, ch. 1049,s 6, eff. 5/21/2018.
Acts 1937, ch. 81, § 5; C. Supp. 1950, § 8414.5; Acts 1959, ch. 124, § 3; T.C.A. (orig. ed.), § 36-413; Acts 1989, ch. 591, § 113; 1996, ch. 1031, § 3.
Tenn. Code Ann. § 36-6-115 — TN Code / Title 36 / Chapter 6 / Section 36-6-115
Requirements to be met by parent for return of child removed from custody due to parent's drug abuse
Status: in_force

When, in a private custody case not involving the department of children's services or a child-placing agency, a court has removed a child from the custody of the child's parent due primarily or solely to drug abuse by the parent, the court shall not return the child to the parent's custody until the parent has demonstrated a sustained commitment to responsible parenting by: (1) Not being the subject of criminal charges or a criminal investigation for at least ninety (90) days; (2) Resolving any former and pending investigations by child protective services to the satisfaction of the court; and (3) Passing two (2) consecutive monthly drug screens to be paid for by the parent. Added by 2015 Tenn. Acts, ch. 236,s 1, eff. 7/1/2015.
When, in a private custody case not involving the department of children's services or a child-placing agency, a court has removed a child from the custody of the child's parent due primarily or solely to drug abuse by the parent, the court shall not return the child to the parent's custody until the parent has demonstrated a sustained commitment to responsible parenting by:
(1) Not being the subject of criminal charges or a criminal investigation for at least ninety (90) days;
(2) Resolving any former and pending investigations by child protective services to the satisfaction of the court; and
(3) Passing two (2) consecutive monthly drug screens to be paid for by the parent.
Added by 2015 Tenn. Acts, ch. 236,s 1, eff. 7/1/2015.
Tenn. Code Ann. § 36-5-2503 — TN Code / Title 36 / Chapter 5 / Section 36-5-2503
Employer's compliance with two or more income-withholding orders
Status: in_force

If an obligor's employer receives two (2) or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two (2) or more child support obligees. Acts 2010, ch. 901, § 1.
If an obligor's employer receives two (2) or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two (2) or more child support obligees.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-4-119 — TN Code / Title 36 / Chapter 4 / Section 36-4-119
Decree of court generally
Status: in_force

If, upon hearing the cause, the court is satisfied that the complainant is entitled to relief, it may be granted either by pronouncing the marriage void from the beginning, or by dissolving it forever and freeing each party from the obligations thereof, or by a separation for a limited time. Code 1858, § 2465 (deriv. Acts 1835-1836, ch. 26, §§ 7, 19); Shan., § 4218; Code 1932, § 8443; T.C.A. (orig. ed.), § 36-817.
If, upon hearing the cause, the court is satisfied that the complainant is entitled to relief, it may be granted either by pronouncing the marriage void from the beginning, or by dissolving it forever and freeing each party from the obligations thereof, or by a separation for a limited time.
Code 1858, § 2465 (deriv. Acts 1835-1836, ch. 26, §§ 7, 19); Shan., § 4218; Code 1932, § 8443; T.C.A. (orig. ed.), § 36-817.
Tenn. Code Ann. § 36-5-705 — TN Code / Title 36 / Chapter 5 / Section 36-5-705
Certification that obligor is in noncompliance
Status: in_force

(a) The department shall certify in writing or by electronic data exchange to each licensing authority that licenses the obligor that an obligor is not in compliance with an order of support if: (1) The obligor does not timely request a hearing upon service of notice issued under § 36-5-702 and is not in compliance with an order of support twenty-one (21) days after service of the notice provided for in § 36-5-702 ; (2) The obligor has not entered into a written agreement satisfactory to the department for payment of the arrearage within twenty (20) days after service of the notice in § 36-5-702 or within such longer period as may be agreed to by the department, or having entered into such a written agreement has failed to comply with such agreement; (3) The department issues a decision after a hearing that finds the obligor is not in compliance with an order of support; or (4) A court, upon a petition for judicial review of the department's decision after its issuance of a stay of that decision pending its ruling, enters a judgment that upholds the department's finding that the obligor is not in compliance with an order of support. (b) The department shall certify in writing or by electronic data exchange to the department of safety that an obligor is not in compliance with an order of support but is eligible for a restricted license if the department enters into an agreement that includes eligibility for a restricted license, pursuant to § 36-5-714 . Amended by 2014 Tenn. Acts, ch. 852,s 5, eff. 7/1/2015. Acts 1996, ch. 892, § 6.
(a) The department shall certify in writing or by electronic data exchange to each licensing authority that licenses the obligor that an obligor is not in compliance with an order of support if: (1) The obligor does not timely request a hearing upon service of notice issued under § 36-5-702 and is not in compliance with an order of support twenty-one (21) days after service of the notice provided for in § 36-5-702 ; (2) The obligor has not entered into a written agreement satisfactory to the department for payment of the arrearage within twenty (20) days after service of the notice in § 36-5-702 or within such longer period as may be agreed to by the department, or having entered into such a written agreement has failed to comply with such agreement; (3) The department issues a decision after a hearing that finds the obligor is not in compliance with an order of support; or (4) A court, upon a petition for judicial review of the department's decision after its issuance of a stay of that decision pending its ruling, enters a judgment that upholds the department's finding that the obligor is not in compliance with an order of support.
(1) The obligor does not timely request a hearing upon service of notice issued under § 36-5-702 and is not in compliance with an order of support twenty-one (21) days after service of the notice provided for in § 36-5-702 ;
(2) The obligor has not entered into a written agreement satisfactory to the department for payment of the arrearage within twenty (20) days after service of the notice in § 36-5-702 or within such longer period as may be agreed to by the department, or having entered into such a written agreement has failed to comply with such agreement;
(3) The department issues a decision after a hearing that finds the obligor is not in compliance with an order of support; or
(4) A court, upon a petition for judicial review of the department's decision after its issuance of a stay of that decision pending its ruling, enters a judgment that upholds the department's finding that the obligor is not in compliance with an order of support.
(b) The department shall certify in writing or by electronic data exchange to the department of safety that an obligor is not in compliance with an order of support but is eligible for a restricted license if the department enters into an agreement that includes eligibility for a restricted license, pursuant to § 36-5-714 .
Amended by 2014 Tenn. Acts, ch. 852,s 5, eff. 7/1/2015.
Acts 1996, ch. 892, § 6.
Tenn. Code Ann. § 36-6-218 — TN Code / Title 36 / Chapter 6 / Section 36-6-218
Jurisdiction to modify foreign decrees
Status: in_force

Except as otherwise provided in § 36-6-219 , a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under § 36-6-216(a)(1) or (2) , and: (1) The court of the other state determines it no longer has exclusive, continuing jurisdiction under § 36-6-217 or that a court of this state would be a more convenient forum under § 36-6-221 ; or (2) A court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state. Acts 1999, ch. 389, § 19.
Except as otherwise provided in § 36-6-219 , a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under § 36-6-216(a)(1) or (2) , and:
(1) The court of the other state determines it no longer has exclusive, continuing jurisdiction under § 36-6-217 or that a court of this state would be a more convenient forum under § 36-6-221 ; or
(2) A court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.
Acts 1999, ch. 389, § 19.
Tenn. Code Ann. § 36-6-202 — TN Code / Title 36 / Chapter 6 / Section 36-6-202
Construction and purpose
Status: in_force

This part shall be liberally construed and applied to promote its underlying purposes and policies. This part should be construed according to its purposes, which are to: (1) Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well-being; (2) Promote cooperation with the courts of other states to the end that a custody decree is rendered in that state which can best decide the case in the interest of the child; (3) Discourage the use of the interstate system for continuing controversies over child custody; (4) Deter abductions of children; (5) Avoid relitigation of custody decisions of other states in this state; and (6) Facilitate the enforcement of custody decrees of other states. Acts 1999, ch. 389, § 3.
This part shall be liberally construed and applied to promote its underlying purposes and policies. This part should be construed according to its purposes, which are to:
(1) Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well-being;
(2) Promote cooperation with the courts of other states to the end that a custody decree is rendered in that state which can best decide the case in the interest of the child;
(3) Discourage the use of the interstate system for continuing controversies over child custody;
(4) Deter abductions of children;
(5) Avoid relitigation of custody decisions of other states in this state; and
(6) Facilitate the enforcement of custody decrees of other states.
Acts 1999, ch. 389, § 3.
Tenn. Code Ann. § 36-1-101 — TN Code / Title 36 / Chapter 1 / Section 36-1-101
Purpose of part - Construction
Status: in_force

(a) The primary purpose of this part is to provide means and procedures for the adoption of children and adults that recognize and effectuate to the greatest extent possible the rights and interests of persons affected by adoption, especially those of the adopted persons, which are specifically protected by the constitutions of the United States and the state of Tennessee and to those ends seek to ensure, to the greatest extent possible, that: (1) Children are removed from the homes of their parents or guardians only when that becomes the only alternative that is consistent with the best interest of the child; (2) Children are placed only with those persons who have been determined to be capable of providing proper care and a loving home for an adopted child; (3) The rights of children to be raised in loving homes that are capable of providing proper care for adopted children and that the best interests of children in the adoptive process are protected; (4) The adoptive process protects the rights of all persons who are affected by that process and who should be entitled to notice of the proceedings for the adoption of a child; (5) The adoption proceedings are held in an expeditious manner to enable the child to achieve permanency, consistent with the child's best interests, at the earliest possible date; and (6) The adopted child is protected in the child's adoptive relationship from any interference by any person who may have some legal claim after the child has become properly adjusted to the child's adoptive home. (b) The secondary purpose of this part is to: (1) Protect biological parents and guardians of children from decisions concerning the relinquishment of their parental or guardian's rights to their children or wards that might be made as a result of undue influence or fraud; (2) Protect adoptive parents from assuming the care and responsibility for a child about whose physical, mental, emotional, and hereditary background they are unaware; (3) Protect the adoptive parents from the later disturbance of their parental relationship with their child by the biological or prior legal parents of the child who may have some legal claim due to the failure to protect their legal rights; and (4) Provide adoption promotion and support services and activities designed to encourage early permanency and adoptions, when adoptions promote the best interests of children, including such activities as pre-adoptive and post-adoptive services and activities designed to expedite the adoption process. (c) The purpose of this part shall also be to favor the rights of adopted persons or other persons for whom any closed records are maintained and their families to obtain information concerning the lives of those persons and to permit them to obtain information about themselves from the adoption records, sealed records, sealed adoption records, or post-adoption records to which they are entitled, but also to recognize the rights of parents and adopted persons not to be contacted by the persons who obtain such information, except in compliance with this part. (d) In all cases, when the best interests of the child and those of the adults are in conflict, such conflict shall always be resolved to favor the rights and the best interests of the child, which interests are hereby recognized as constitutionally protected and, to that end, this part shall be liberally construed. Acts 1951, ch. 202, § 1 (Williams, § 9572.15); T.C.A. (orig. ed.), § 36-101; Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 1, 2; 1998, ch. 1097, § 1.
(a) The primary purpose of this part is to provide means and procedures for the adoption of children and adults that recognize and effectuate to the greatest extent possible the rights and interests of persons affected by adoption, especially those of the adopted persons, which are specifically protected by the constitutions of the United States and the state of Tennessee and to those ends seek to ensure, to the greatest extent possible, that: (1) Children are removed from the homes of their parents or guardians only when that becomes the only alternative that is consistent with the best interest of the child; (2) Children are placed only with those persons who have been determined to be capable of providing proper care and a loving home for an adopted child; (3) The rights of children to be raised in loving homes that are capable of providing proper care for adopted children and that the best interests of children in the adoptive process are protected; (4) The adoptive process protects the rights of all persons who are affected by that process and who should be entitled to notice of the proceedings for the adoption of a child; (5) The adoption proceedings are held in an expeditious manner to enable the child to achieve permanency, consistent with the child's best interests, at the earliest possible date; and (6) The adopted child is protected in the child's adoptive relationship from any interference by any person who may have some legal claim after the child has become properly adjusted to the child's adoptive home.
(1) Children are removed from the homes of their parents or guardians only when that becomes the only alternative that is consistent with the best interest of the child;
(2) Children are placed only with those persons who have been determined to be capable of providing proper care and a loving home for an adopted child;
(3) The rights of children to be raised in loving homes that are capable of providing proper care for adopted children and that the best interests of children in the adoptive process are protected;
(4) The adoptive process protects the rights of all persons who are affected by that process and who should be entitled to notice of the proceedings for the adoption of a child;
(5) The adoption proceedings are held in an expeditious manner to enable the child to achieve permanency, consistent with the child's best interests, at the earliest possible date; and
(6) The adopted child is protected in the child's adoptive relationship from any interference by any person who may have some legal claim after the child has become properly adjusted to the child's adoptive home.
(b) The secondary purpose of this part is to: (1) Protect biological parents and guardians of children from decisions concerning the relinquishment of their parental or guardian's rights to their children or wards that might be made as a result of undue influence or fraud; (2) Protect adoptive parents from assuming the care and responsibility for a child about whose physical, mental, emotional, and hereditary background they are unaware; (3) Protect the adoptive parents from the later disturbance of their parental relationship with their child by the biological or prior legal parents of the child who may have some legal claim due to the failure to protect their legal rights; and (4) Provide adoption promotion and support services and activities designed to encourage early permanency and adoptions, when adoptions promote the best interests of children, including such activities as pre-adoptive and post-adoptive services and activities designed to expedite the adoption process.
(1) Protect biological parents and guardians of children from decisions concerning the relinquishment of their parental or guardian's rights to their children or wards that might be made as a result of undue influence or fraud;
(2) Protect adoptive parents from assuming the care and responsibility for a child about whose physical, mental, emotional, and hereditary background they are unaware;
(3) Protect the adoptive parents from the later disturbance of their parental relationship with their child by the biological or prior legal parents of the child who may have some legal claim due to the failure to protect their legal rights; and
(4) Provide adoption promotion and support services and activities designed to encourage early permanency and adoptions, when adoptions promote the best interests of children, including such activities as pre-adoptive and post-adoptive services and activities designed to expedite the adoption process.
(c) The purpose of this part shall also be to favor the rights of adopted persons or other persons for whom any closed records are maintained and their families to obtain information concerning the lives of those persons and to permit them to obtain information about themselves from the adoption records, sealed records, sealed adoption records, or post-adoption records to which they are entitled, but also to recognize the rights of parents and adopted persons not to be contacted by the persons who obtain such information, except in compliance with this part.
(d) In all cases, when the best interests of the child and those of the adults are in conflict, such conflict shall always be resolved to favor the rights and the best interests of the child, which interests are hereby recognized as constitutionally protected and, to that end, this part shall be liberally construed.
Acts 1951, ch. 202, § 1 (Williams, § 9572.15); T.C.A. (orig. ed.), § 36-101; Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 1, 2; 1998, ch. 1097, § 1.
Tenn. Code Ann. § 36-7-102 — TN Code / Title 36 / Chapter 7 / Section 36-7-102
Chapter definitions
Status: in_force

In this chapter: (1) "Adult" means an individual who has attained eighteen (18) years of age or is an emancipated minor; (2) "Caretaking authority" means the right to live with and care for a child on a day-to-day basis. "Caretaking authority" includes physical custody, parenting time, right to access, and visitation; (3) "Child" means: (A) An unemancipated individual who has not attained eighteen (18) years of age; or (B) An adult son or daughter by birth or adoption, or under law of this state other than this chapter, who is the subject of a court order concerning custodial responsibility; (4) "Court" means a tribunal, including an administrative agency, authorized under law of this state other than this chapter to make, enforce, or modify a decision regarding custodial responsibility; (5) "Custodial responsibility" includes all powers and duties relating to caretaking authority and decision-making authority for a child. "Custodial responsibility" includes physical custody, legal custody, parenting time, right to access, visitation, and authority to grant limited contact with a child; (6) (A) "Decision-making authority" means the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel; (B) "Decision-making authority" does not include the power to make decisions that necessarily accompany a grant of caretaking authority; (7) "Deploying parent" means a service member who is deployed or has been notified of impending deployment and is: (A) A parent of a child under law of this state other than this chapter; or (B) An individual who has custodial responsibility for a child under law of this state other than this chapter; (8) "Deployment" means the movement or mobilization of a service member for more than thirty (30) days pursuant to uniformed service orders that: (A) Are designated as unaccompanied; (B) Do not authorize dependent travel; or (C) Otherwise do not permit the movement of family members to the location to which the service member is deployed; (9) "Family member" means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child or an individual recognized to be in a familial relationship with a child under law of this state other than this chapter; (10) "Limited contact" means the authority of a nonparent to visit a child for a limited time. "Limited contact" includes authority to take the child to a place other than the residence of the child; (11) "Nonparent" means an individual other than a deploying parent or other parent; (12) "Other parent" means an individual who, in common with a deploying parent, is: (A) A parent of a child under law of this state other than this chapter; or (B) An individual who has custodial responsibility for a child under law of this state other than this chapter; (13) "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; (14) "Return from deployment" means the conclusion of a service member's deployment as specified in uniformed service orders; (15) "Service member" means a member of a uniformed service; (16) "Sign" means with present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic symbol, sound, or process; (17) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; and (18) "Uniformed service" means: (A) Active and reserve components of the army, navy, air force, marine corps, or coast guard of the United States; (B) The United States merchant marine; (C) The commissioned corps of the United States public health service; (D) The commissioned corps of the national oceanic and atmospheric administration of the United States; or (E) The national guard of a state. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
In this chapter:
(1) "Adult" means an individual who has attained eighteen (18) years of age or is an emancipated minor;
(2) "Caretaking authority" means the right to live with and care for a child on a day-to-day basis. "Caretaking authority" includes physical custody, parenting time, right to access, and visitation;
(3) "Child" means: (A) An unemancipated individual who has not attained eighteen (18) years of age; or (B) An adult son or daughter by birth or adoption, or under law of this state other than this chapter, who is the subject of a court order concerning custodial responsibility;
(A) An unemancipated individual who has not attained eighteen (18) years of age; or
(B) An adult son or daughter by birth or adoption, or under law of this state other than this chapter, who is the subject of a court order concerning custodial responsibility;
(4) "Court" means a tribunal, including an administrative agency, authorized under law of this state other than this chapter to make, enforce, or modify a decision regarding custodial responsibility;
(5) "Custodial responsibility" includes all powers and duties relating to caretaking authority and decision-making authority for a child. "Custodial responsibility" includes physical custody, legal custody, parenting time, right to access, visitation, and authority to grant limited contact with a child;
(6) (A) "Decision-making authority" means the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel; (B) "Decision-making authority" does not include the power to make decisions that necessarily accompany a grant of caretaking authority;
(A) "Decision-making authority" means the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel;
(B) "Decision-making authority" does not include the power to make decisions that necessarily accompany a grant of caretaking authority;
(7) "Deploying parent" means a service member who is deployed or has been notified of impending deployment and is: (A) A parent of a child under law of this state other than this chapter; or (B) An individual who has custodial responsibility for a child under law of this state other than this chapter;
(A) A parent of a child under law of this state other than this chapter; or
(B) An individual who has custodial responsibility for a child under law of this state other than this chapter;
(8) "Deployment" means the movement or mobilization of a service member for more than thirty (30) days pursuant to uniformed service orders that: (A) Are designated as unaccompanied; (B) Do not authorize dependent travel; or (C) Otherwise do not permit the movement of family members to the location to which the service member is deployed;
(A) Are designated as unaccompanied;
(B) Do not authorize dependent travel; or
(C) Otherwise do not permit the movement of family members to the location to which the service member is deployed;
(9) "Family member" means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child or an individual recognized to be in a familial relationship with a child under law of this state other than this chapter;
(10) "Limited contact" means the authority of a nonparent to visit a child for a limited time. "Limited contact" includes authority to take the child to a place other than the residence of the child;
(11) "Nonparent" means an individual other than a deploying parent or other parent;
(12) "Other parent" means an individual who, in common with a deploying parent, is: (A) A parent of a child under law of this state other than this chapter; or (B) An individual who has custodial responsibility for a child under law of this state other than this chapter;
(A) A parent of a child under law of this state other than this chapter; or
(B) An individual who has custodial responsibility for a child under law of this state other than this chapter;
(13) "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;
(14) "Return from deployment" means the conclusion of a service member's deployment as specified in uniformed service orders;
(15) "Service member" means a member of a uniformed service;
(16) "Sign" means with present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic symbol, sound, or process;
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the record an electronic symbol, sound, or process;
(17) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; and
(18) "Uniformed service" means: (A) Active and reserve components of the army, navy, air force, marine corps, or coast guard of the United States; (B) The United States merchant marine; (C) The commissioned corps of the United States public health service; (D) The commissioned corps of the national oceanic and atmospheric administration of the United States; or (E) The national guard of a state.
(A) Active and reserve components of the army, navy, air force, marine corps, or coast guard of the United States;
(B) The United States merchant marine;
(C) The commissioned corps of the United States public health service;
(D) The commissioned corps of the national oceanic and atmospheric administration of the United States; or
(E) The national guard of a state.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-5-2402 — TN Code / Title 36 / Chapter 5 / Section 36-5-2402
Proceeding to determine parentage
Status: in_force

A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under parts 20-29 of this chapter or a law or procedure substantially similar to parts 20-29 of this chapter. Acts 2010, ch. 901, § 1.
A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under parts 20-29 of this chapter or a law or procedure substantially similar to parts 20-29 of this chapter.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-6-403 — TN Code / Title 36 / Chapter 6 / Section 36-6-403
Temporary parenting plan
Status: in_force

Except as may be specifically provided otherwise herein, a temporary parenting plan shall be incorporated in any temporary order of the court in actions for absolute divorce, legal separation, annulment, or separate maintenance involving a minor child. A temporary parenting plan shall comply with those provisions for a permanent parenting plan under § 36-6-404(a) that are applicable for the time frame and shall include a residential schedule as described in § 36-6-404(b) . The court shall approve a temporary parenting plan as follows: (1) If the parties can agree to a temporary parenting plan, no written temporary parenting plan is required to be entered; or (2) If the parties cannot agree to a temporary parenting plan, either or both parties may request the court to order dispute resolution. The court may immediately order the parties to participate in dispute resolution to establish a temporary parenting plan unless one (1) of the restrictions in § 36-6-406(a) exists. If dispute resolution is not available, either party may request and the court may order an expedited hearing to establish a temporary parenting plan. In either mediation or in a hearing before the court each party shall submit a proposed temporary parenting plan and a verified statement of income as defined by chapter 5 of this title, and a verified statement that the plan is proposed in good faith and is in the best interest of the child. If only one (1) party files a proposed temporary parenting plan in compliance with this section, that party may petition the court for an order adopting that party's plan by default, upon a finding by the court that the plan is in the child's best interest. In determining whether the proposed temporary parenting plan serves the best interests of the child, the court shall be governed by the allocation of residential time and support obligations contained in the child support guidelines and related provisions in chapter 5 of this title. Acts 1997, ch. 557, § 1; T.C.A., § 36-6-407 ; Acts 2000, ch. 889, § 1.
Except as may be specifically provided otherwise herein, a temporary parenting plan shall be incorporated in any temporary order of the court in actions for absolute divorce, legal separation, annulment, or separate maintenance involving a minor child. A temporary parenting plan shall comply with those provisions for a permanent parenting plan under § 36-6-404(a) that are applicable for the time frame and shall include a residential schedule as described in § 36-6-404(b) . The court shall approve a temporary parenting plan as follows:
(1) If the parties can agree to a temporary parenting plan, no written temporary parenting plan is required to be entered; or
(2) If the parties cannot agree to a temporary parenting plan, either or both parties may request the court to order dispute resolution. The court may immediately order the parties to participate in dispute resolution to establish a temporary parenting plan unless one (1) of the restrictions in § 36-6-406(a) exists. If dispute resolution is not available, either party may request and the court may order an expedited hearing to establish a temporary parenting plan. In either mediation or in a hearing before the court each party shall submit a proposed temporary parenting plan and a verified statement of income as defined by chapter 5 of this title, and a verified statement that the plan is proposed in good faith and is in the best interest of the child. If only one (1) party files a proposed temporary parenting plan in compliance with this section, that party may petition the court for an order adopting that party's plan by default, upon a finding by the court that the plan is in the child's best interest. In determining whether the proposed temporary parenting plan serves the best interests of the child, the court shall be governed by the allocation of residential time and support obligations contained in the child support guidelines and related provisions in chapter 5 of this title.
Acts 1997, ch. 557, § 1; T.C.A., § 36-6-407 ; Acts 2000, ch. 889, § 1.
Tenn. Code Ann. § 36-5-405 — TN Code / Title 36 / Chapter 5 / Section 36-5-405
Support actions
Status: in_force

(a) Any person seeking to set, enforce, modify or terminate support may commence such an action by filing a petition and testimony in the form prescribed by § 36-5-406 with the office of the clerk. (b) When a petition is filed, the clerk shall designate a hearing date on the notice prescribed in this part or, in the alternative, shall designate a hearing date on the summons to be served by the sheriff if the petitioner elects to proceed by having the sheriff serve process to initiate this proceeding. The hearing date shall be within thirty (30) days of the date the petition is filed. If process is served by certified mail, the clerk shall then send a copy of the completed petition, testimony, and notice to respondent by certified mail, return receipt requested. The clerk shall give a copy of completed notice, petition, and testimony to petitioner. (c) If the return receipt is not received by the hearing date, and the respondent fails to appear, then the magistrate shall direct the clerk to reissue the petition with a new notice of hearing and may direct service as set out in subsection (b), or may direct service by issuance of a summons to be served by the sheriff or process server, designated by the magistrate. If a petition is for contempt, either the magistrate or the judge may issue an attachment for the arrest of the respondent with a bond. (d) If the respondent fails to appear after service and if the return receipt does bear the signature of respondent, the magistrate may grant the relief sought in the petition by default. If a petition is for contempt, either the magistrate or the judge may issue an attachment for the arrest of the respondent with a bond. (e) If respondent does appear, the magistrate may enter a consent order if the parties reach an agreement and the magistrate finds the agreement to be reasonable. (f) If the respondent appears and the parties do not agree, the magistrate shall hear testimony and issue an order granting such relief as the magistrate finds appropriate. (g) Upon the conclusion of the hearing in each case, the magistrate shall transmit to the judge all papers relating to the case, along with the magistrate's findings and recommendations in writing. A magistrate's decision on a preliminary matter, not dispositive of the ultimate issue in the case, shall be final and not reviewable by the judge. (h) Any party may, within five (5) days thereafter, excluding nonjudicial days, file a request for a hearing by the judge of the court having jurisdiction. The judge may, on the judge's own motion, order a rehearing of any matter heard before a magistrate, and shall allow a hearing if a request for such is filed as herein prescribed. Unless the judge orders otherwise, any recommendation of the magistrate shall be in effect pending rehearing or approval by the court. (i) If a hearing before the judge is not requested, the findings and recommendations of the magistrate become the final decree of the court when confirmed by an order of the judge. (j) There shall be no litigation tax and the clerk shall not refuse to file a petition for a party proceeding under this part for failure to pay a filing fee. When a party is unable to pay the filing fee, such party shall be required to take and subscribe to in writing the pauper's oath set out in § 20-12-127 , and such affidavit shall be attached to such party's petition. (k) Any party may appeal a final order entered under this section to the court of appeals. Any such appeal shall be governed by the applicable provisions of the Tennessee Rules of Appellate Procedure. Acts 1985, ch. 477, § 13; 1986, ch. 890, §§ 5, 10, 16; 2000, ch. 922, §§ 11, 12; Acts 2009, ch. 235, § 1.
(a) Any person seeking to set, enforce, modify or terminate support may commence such an action by filing a petition and testimony in the form prescribed by § 36-5-406 with the office of the clerk.
(b) When a petition is filed, the clerk shall designate a hearing date on the notice prescribed in this part or, in the alternative, shall designate a hearing date on the summons to be served by the sheriff if the petitioner elects to proceed by having the sheriff serve process to initiate this proceeding. The hearing date shall be within thirty (30) days of the date the petition is filed. If process is served by certified mail, the clerk shall then send a copy of the completed petition, testimony, and notice to respondent by certified mail, return receipt requested. The clerk shall give a copy of completed notice, petition, and testimony to petitioner.
(c) If the return receipt is not received by the hearing date, and the respondent fails to appear, then the magistrate shall direct the clerk to reissue the petition with a new notice of hearing and may direct service as set out in subsection (b), or may direct service by issuance of a summons to be served by the sheriff or process server, designated by the magistrate. If a petition is for contempt, either the magistrate or the judge may issue an attachment for the arrest of the respondent with a bond.
(d) If the respondent fails to appear after service and if the return receipt does bear the signature of respondent, the magistrate may grant the relief sought in the petition by default. If a petition is for contempt, either the magistrate or the judge may issue an attachment for the arrest of the respondent with a bond.
(e) If respondent does appear, the magistrate may enter a consent order if the parties reach an agreement and the magistrate finds the agreement to be reasonable.
(f) If the respondent appears and the parties do not agree, the magistrate shall hear testimony and issue an order granting such relief as the magistrate finds appropriate.
(g) Upon the conclusion of the hearing in each case, the magistrate shall transmit to the judge all papers relating to the case, along with the magistrate's findings and recommendations in writing. A magistrate's decision on a preliminary matter, not dispositive of the ultimate issue in the case, shall be final and not reviewable by the judge.
(h) Any party may, within five (5) days thereafter, excluding nonjudicial days, file a request for a hearing by the judge of the court having jurisdiction. The judge may, on the judge's own motion, order a rehearing of any matter heard before a magistrate, and shall allow a hearing if a request for such is filed as herein prescribed. Unless the judge orders otherwise, any recommendation of the magistrate shall be in effect pending rehearing or approval by the court.
(i) If a hearing before the judge is not requested, the findings and recommendations of the magistrate become the final decree of the court when confirmed by an order of the judge.
(j) There shall be no litigation tax and the clerk shall not refuse to file a petition for a party proceeding under this part for failure to pay a filing fee. When a party is unable to pay the filing fee, such party shall be required to take and subscribe to in writing the pauper's oath set out in § 20-12-127 , and such affidavit shall be attached to such party's petition.
(k) Any party may appeal a final order entered under this section to the court of appeals. Any such appeal shall be governed by the applicable provisions of the Tennessee Rules of Appellate Procedure.
Acts 1985, ch. 477, § 13; 1986, ch. 890, §§ 5, 10, 16; 2000, ch. 922, §§ 11, 12; Acts 2009, ch. 235, § 1.
Tenn. Code Ann. § 36-5-710 — TN Code / Title 36 / Chapter 5 / Section 36-5-710
Modification or amendment of support orders or obligations
Status: in_force

Nothing in this part prohibits an obligor from filing a motion to modify support with the court or from requesting the department to amend a support obligation established by an administrative decision. Acts 1996, ch. 892, § 11.
Nothing in this part prohibits an obligor from filing a motion to modify support with the court or from requesting the department to amend a support obligation established by an administrative decision.
Acts 1996, ch. 892, § 11.
Tenn. Code Ann. § 36-1-115 — TN Code / Title 36 / Chapter 1 / Section 36-1-115
Persons eligible to file adoption petition - Residence requirements - Preference for foster parents
Status: in_force

(a) Any person over eighteen (18) years of age may petition the chancery or circuit court to adopt a person and may request that the adopted person's name be changed. (b) The petitioners must have physical custody or must demonstrate to the court that they have the right to receive custody of the child sought to be adopted as provided in § 36-1-111(d)(6) at the time the petition is filed, unless they are filing an intervening petition seeking to adopt the child. (c) If the petitioner has a spouse living, competent to join in the petition, such spouse shall join in the petition; provided, that if the spouse of the petitioner is a legal or biological parent of the child to be adopted, such spouse shall sign the petition as co-petitioner, and this shall be sufficient consent by the legal or biological parent for the petitioner's spouse to adopt the child of the legal or biological parent, and no surrender shall be necessary by such co-petitioning legal or biological parent. Such action by the legal or biological parent shall not otherwise affect the legal relationship between that parent and the child. (d) The petitioner or petitioners shall live and maintain their regular place of abode in this state when the adoption is filed. Nonresidents may also file a petition to adopt a child in this state if they file the petition in the county where a court granted the nonresidents, a licensed child-placing agency, or the department of children's services partial or complete guardianship or legal custody of the child, or where the child was placed in the legal custody of the licensed child-placing agency or the department of children's services. (e) If one (1) or both of petitioners is an active duty service member in the United States military, the service member and any co-petitioner with the service member may file a petition for adoption in this state without actual residency in this state, if the service member has lived, or maintained a regular place of abode, within this state for six (6) consecutive months immediately prior to entering military service or if this state is the service member's state of legal residence as identified to the United States military. (f) [Deleted by 2023 amendment.] (g) (1) When a child is placed in a foster home by the department or otherwise, and becomes available for adoption due to the termination or surrender of all parental or guardianship rights to the child, those foster parents shall be given first preference to adopt the child if the child has resided in the foster home for twelve (12) or more consecutive months immediately preceding the filing of an adoption petition. (2) In becoming adoptive parents, the foster parents shall meet all requirements otherwise imposed on persons seeking to adopt children in the custody of the department, and shall be subject to all other provisions of this part. Amended by 2023 Tenn. Acts, ch. 363, s 15, eff. 5/5/2023. Amended by 2022 Tenn. Acts, ch. 937, s 12, eff. 7/1/2022. Amended by 2018 Tenn. Acts, ch. 875, s 14, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 919, s 10, eff. 7/1/2016. Acts 1951, ch. 202, §§ 4, 40 (Williams, §§ 9572.18, 9572.52); Acts 1959, ch. 223, § 1; Acts 1961, ch. 150, § 1; 1971, ch. 232, § 1; 1971, ch. 329, § 1; 1972, ch. 612, § 7; impl. am. Acts 1975, ch. 219, § 1; Acts 1976, ch. 481, § 1; 1977, ch. 232, § 1; 1979, ch. 107, § 1; T.C.A. (orig. ed.), § 36-105; § 36-1-105 ; Acts 1995, ch. 532, § 1.
(a) Any person over eighteen (18) years of age may petition the chancery or circuit court to adopt a person and may request that the adopted person's name be changed.
(b) The petitioners must have physical custody or must demonstrate to the court that they have the right to receive custody of the child sought to be adopted as provided in § 36-1-111(d)(6) at the time the petition is filed, unless they are filing an intervening petition seeking to adopt the child.
(c) If the petitioner has a spouse living, competent to join in the petition, such spouse shall join in the petition; provided, that if the spouse of the petitioner is a legal or biological parent of the child to be adopted, such spouse shall sign the petition as co-petitioner, and this shall be sufficient consent by the legal or biological parent for the petitioner's spouse to adopt the child of the legal or biological parent, and no surrender shall be necessary by such co-petitioning legal or biological parent. Such action by the legal or biological parent shall not otherwise affect the legal relationship between that parent and the child.
(d) The petitioner or petitioners shall live and maintain their regular place of abode in this state when the adoption is filed. Nonresidents may also file a petition to adopt a child in this state if they file the petition in the county where a court granted the nonresidents, a licensed child-placing agency, or the department of children's services partial or complete guardianship or legal custody of the child, or where the child was placed in the legal custody of the licensed child-placing agency or the department of children's services.
(e) If one (1) or both of petitioners is an active duty service member in the United States military, the service member and any co-petitioner with the service member may file a petition for adoption in this state without actual residency in this state, if the service member has lived, or maintained a regular place of abode, within this state for six (6) consecutive months immediately prior to entering military service or if this state is the service member's state of legal residence as identified to the United States military.
(f) [Deleted by 2023 amendment.]
(g) (1) When a child is placed in a foster home by the department or otherwise, and becomes available for adoption due to the termination or surrender of all parental or guardianship rights to the child, those foster parents shall be given first preference to adopt the child if the child has resided in the foster home for twelve (12) or more consecutive months immediately preceding the filing of an adoption petition. (2) In becoming adoptive parents, the foster parents shall meet all requirements otherwise imposed on persons seeking to adopt children in the custody of the department, and shall be subject to all other provisions of this part.
(1) When a child is placed in a foster home by the department or otherwise, and becomes available for adoption due to the termination or surrender of all parental or guardianship rights to the child, those foster parents shall be given first preference to adopt the child if the child has resided in the foster home for twelve (12) or more consecutive months immediately preceding the filing of an adoption petition.
(2) In becoming adoptive parents, the foster parents shall meet all requirements otherwise imposed on persons seeking to adopt children in the custody of the department, and shall be subject to all other provisions of this part.
Amended by 2023 Tenn. Acts, ch. 363, s 15, eff. 5/5/2023.
Amended by 2022 Tenn. Acts, ch. 937, s 12, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 875, s 14, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 919, s 10, eff. 7/1/2016.
Acts 1951, ch. 202, §§ 4, 40 (Williams, §§ 9572.18, 9572.52); Acts 1959, ch. 223, § 1; Acts 1961, ch. 150, § 1; 1971, ch. 232, § 1; 1971, ch. 329, § 1; 1972, ch. 612, § 7; impl. am. Acts 1975, ch. 219, § 1; Acts 1976, ch. 481, § 1; 1977, ch. 232, § 1; 1979, ch. 107, § 1; T.C.A. (orig. ed.), § 36-105; § 36-1-105 ; Acts 1995, ch. 532, § 1.
Tenn. Code Ann. § 36-5-2208 — TN Code / Title 36 / Chapter 5 / Section 36-5-2208
Child support orders for two or more obligees
Status: in_force

In responding to registrations or petitions for enforcement of two (2) or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one (1) of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state. Acts 2010, ch. 901, § 1.
In responding to registrations or petitions for enforcement of two (2) or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one (1) of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-807 — TN Code / Title 36 / Chapter 5 / Section 36-5-807
Automated processes and service of documents
Status: in_force

(a) To the maximum extent feasible, the department's automated child support enforcement system shall be utilized to carry out the expedited procedures of this part and the system may be used for the issuance and service of any requests, administrative orders, or subpoenas necessary to enforce child support obligations and such automated service shall be effective for all purposes in this part. Electronically reproduced signatures shall be effective to issue any orders or subpoenas pursuant to this part. (b) Notwithstanding subsection (a), any requests, administrative orders or administrative subpoenas required to be issued pursuant to this part may be transmitted to any party or person by any method chosen by the department, including but not limited to: certified mail, return receipt requested, regular mail, electronic mail, facsimile transmission, or by personal service, and may be generated by computer or on paper. (c) If an administrative order or administrative subpoena is returned or otherwise not deliverable, then service shall be had by any alternative method chosen by the department, as listed in subsection (b). Before taking action against an individual or entity for failure to comply with this part, the department shall ensure that service of the administrative order, administrative subpoena, or request, was confirmed by certified mail or by personal service. Acts 1997, ch. 551, § 11.
(a) To the maximum extent feasible, the department's automated child support enforcement system shall be utilized to carry out the expedited procedures of this part and the system may be used for the issuance and service of any requests, administrative orders, or subpoenas necessary to enforce child support obligations and such automated service shall be effective for all purposes in this part. Electronically reproduced signatures shall be effective to issue any orders or subpoenas pursuant to this part.
(b) Notwithstanding subsection (a), any requests, administrative orders or administrative subpoenas required to be issued pursuant to this part may be transmitted to any party or person by any method chosen by the department, including but not limited to: certified mail, return receipt requested, regular mail, electronic mail, facsimile transmission, or by personal service, and may be generated by computer or on paper.
(c) If an administrative order or administrative subpoena is returned or otherwise not deliverable, then service shall be had by any alternative method chosen by the department, as listed in subsection (b). Before taking action against an individual or entity for failure to comply with this part, the department shall ensure that service of the administrative order, administrative subpoena, or request, was confirmed by certified mail or by personal service.
Acts 1997, ch. 551, § 11.
Tenn. Code Ann. § 36-6-226 — TN Code / Title 36 / Chapter 6 / Section 36-6-226
Enforcement of international orders under the Hague Convention
Status: in_force

A court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination. Acts 1999, ch. 389, § 27.
A court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination.
Acts 1999, ch. 389, § 27.
Tenn. Code Ann. § 36-6-207 — TN Code / Title 36 / Chapter 6 / Section 36-6-207
Native American children
Status: in_force

(a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act ( 25 U.S.C. § 1901 et seq.) is not subject to this part to the extent that it is governed by the Indian Child Welfare Act. (b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying parts 1 and 2 of this chapter. (c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under part 3 of this chapter. Acts 1999, ch. 389, § 8.
(a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act ( 25 U.S.C. § 1901 et seq.) is not subject to this part to the extent that it is governed by the Indian Child Welfare Act.
(b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying parts 1 and 2 of this chapter.
(c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under part 3 of this chapter.
Acts 1999, ch. 389, § 8.
Tenn. Code Ann. § 36-5-2601 — TN Code / Title 36 / Chapter 5 / Section 36-5-2601
Registration of order for enforcement
Status: in_force

A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement. Acts 2010, ch. 901, § 1.
A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-6-410 — TN Code / Title 36 / Chapter 6 / Section 36-6-410
Designation of custody for the purpose of other state and federal statutes
Status: in_force

(a) Solely for the purpose of all other state and federal statutes and any applicable policies of insurance that require a designation or determination of custody, a parenting plan must designate the parent with whom the child is scheduled to reside a majority of the time as the primary residential parent of the child; provided, that this designation shall not affect either parent's rights and responsibilities under the parenting plan. In the absence of such a designation, the parent with whom the child is scheduled to reside a majority of the time is deemed to be the primary residential parent for the purposes of such federal and state statutes. (b) Notwithstanding any law to the contrary, when the child is scheduled to reside an equal amount of time with both parents, the parents may agree to a designation as joint primary residential parents or to waive the designation of a primary residential parent. In the absence of an agreement between the parties, a single primary residential parent must be designated; provided, that this designation shall not affect either parent's rights and responsibilities under the parenting plan. Amended by 2019 Tenn. Acts, ch. 83,s 2, eff. 7/1/2019. Acts 1997, ch. 557, § 1; T.C.A., § 36-6-413 ; Acts 2000, ch. 889, § 1.
(a) Solely for the purpose of all other state and federal statutes and any applicable policies of insurance that require a designation or determination of custody, a parenting plan must designate the parent with whom the child is scheduled to reside a majority of the time as the primary residential parent of the child; provided, that this designation shall not affect either parent's rights and responsibilities under the parenting plan. In the absence of such a designation, the parent with whom the child is scheduled to reside a majority of the time is deemed to be the primary residential parent for the purposes of such federal and state statutes.
(b) Notwithstanding any law to the contrary, when the child is scheduled to reside an equal amount of time with both parents, the parents may agree to a designation as joint primary residential parents or to waive the designation of a primary residential parent. In the absence of an agreement between the parties, a single primary residential parent must be designated; provided, that this designation shall not affect either parent's rights and responsibilities under the parenting plan.
Amended by 2019 Tenn. Acts, ch. 83,s 2, eff. 7/1/2019.
Acts 1997, ch. 557, § 1; T.C.A., § 36-6-413 ; Acts 2000, ch. 889, § 1.
Tenn. Code Ann. § 36-1-125 — TN Code / Title 36 / Chapter 1 / Section 36-1-125
Confidentiality of records - Penalties for unauthorized disclosure - Protected orders
Status: in_force

(a) All adoption records, sealed adoption records, or sealed records held by a court, the department, a licensed child-placing agency, a licensed clinical social worker or any other person, and not yet under seal, or any sealed adoption records or sealed records that have been unsealed for any reason, any post-adoption records, and any adoption assistance records are confidential and shall not be subject to disclosure except as provided in this part. (b) Adoption records, home studies or preliminary home studies may be utilized by the judge of the court, by the clerk of the court, or by the department, or by a licensed child-placing agency or a licensed clinical social worker, in any act consistent with the litigation of the adoption, custody or guardianship proceedings involving a person in any court, or for the placement, study, or supervision of a person for whom an adoption or custody or guardianship proceeding is pending in any court, and which records may be necessary to carry out such judge's, clerk's, department's, agency's, or social worker's duties consistent with the law. (c) If any adoption records, sealed adoption records, sealed records, post-adoption records, adoption assistance records, home studies, preliminary home studies or information obtained in connection therewith are required by court order under this part to be disclosed for any legal proceeding other than the adoption proceeding or termination of parental rights proceedings, the court in which they are to be utilized shall enter a protective order to restrict their further disclosure or dissemination. Such records, studies, or information shall not become a public record in any legal proceeding. (d) Unauthorized disclosure of any records, studies or information protected as confidential under this part is a Class A misdemeanor. Unauthorized disclosure of such records for personal gain or for a malicious purpose is a Class E felony. Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 58-62.
(a) All adoption records, sealed adoption records, or sealed records held by a court, the department, a licensed child-placing agency, a licensed clinical social worker or any other person, and not yet under seal, or any sealed adoption records or sealed records that have been unsealed for any reason, any post-adoption records, and any adoption assistance records are confidential and shall not be subject to disclosure except as provided in this part.
(b) Adoption records, home studies or preliminary home studies may be utilized by the judge of the court, by the clerk of the court, or by the department, or by a licensed child-placing agency or a licensed clinical social worker, in any act consistent with the litigation of the adoption, custody or guardianship proceedings involving a person in any court, or for the placement, study, or supervision of a person for whom an adoption or custody or guardianship proceeding is pending in any court, and which records may be necessary to carry out such judge's, clerk's, department's, agency's, or social worker's duties consistent with the law.
(c) If any adoption records, sealed adoption records, sealed records, post-adoption records, adoption assistance records, home studies, preliminary home studies or information obtained in connection therewith are required by court order under this part to be disclosed for any legal proceeding other than the adoption proceeding or termination of parental rights proceedings, the court in which they are to be utilized shall enter a protective order to restrict their further disclosure or dissemination. Such records, studies, or information shall not become a public record in any legal proceeding.
(d) Unauthorized disclosure of any records, studies or information protected as confidential under this part is a Class A misdemeanor. Unauthorized disclosure of such records for personal gain or for a malicious purpose is a Class E felony.
Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 58-62.
Tenn. Code Ann. § 36-5-706 — TN Code / Title 36 / Chapter 5 / Section 36-5-706
Denial, suspension or revocation of license - Refusal to reinstate or reissue - Notice
Status: in_force

(a) Notwithstanding any other law, rule or regulation to the contrary, the certification from the department under § 36-5-705 shall be a basis for the denial, suspension or revocation of a license, for refusal to issue or reinstate a license by a licensing authority or for the issuance of a restricted license. (b) The licensing authority shall notify, without undue delay, by regular mail, an obligor certified from the department under § 36-5-705 , that: (1) The obligor's application for the issuance, renewal or reinstatement of a license has been denied; (2) The obligor's current license has been suspended or revoked because the obligor's name has been certified by the department as an obligor who is not in compliance with an order of support; or (3) The obligor's current driver license has been revoked because the obligor's name has been certified by the department as an obligor who is not in compliance with an order of support but eligible for a restricted license. The notice shall include information on the process for obtaining a restricted license and paying any restricted license fee required by the department of human services. (c) A notice of suspension must specify the reason and statutory grounds for the suspension and the effective date of the suspension and may include any other notices prescribed by the licensing authority. The notice must also inform the individual that in order to apply for issuance, renewal or reinstatement of the license, the individual must obtain a release from the department of human services in accordance with § 36-5-707 . (d) A notice to the obligor by the licensing authority to revoke, restrict, deny, suspend, or refuse to renew or reinstate a license after receipt of the notice of noncompliance from the department shall not be appealable under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. Amended by 2014 Tenn. Acts, ch. 852,Secs.s7, s8 eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 852,s 6, eff. 7/1/2015. Acts 1996, ch. 892, § 7.
(a) Notwithstanding any other law, rule or regulation to the contrary, the certification from the department under § 36-5-705 shall be a basis for the denial, suspension or revocation of a license, for refusal to issue or reinstate a license by a licensing authority or for the issuance of a restricted license.
(b) The licensing authority shall notify, without undue delay, by regular mail, an obligor certified from the department under § 36-5-705 , that: (1) The obligor's application for the issuance, renewal or reinstatement of a license has been denied; (2) The obligor's current license has been suspended or revoked because the obligor's name has been certified by the department as an obligor who is not in compliance with an order of support; or (3) The obligor's current driver license has been revoked because the obligor's name has been certified by the department as an obligor who is not in compliance with an order of support but eligible for a restricted license. The notice shall include information on the process for obtaining a restricted license and paying any restricted license fee required by the department of human services.
(1) The obligor's application for the issuance, renewal or reinstatement of a license has been denied;
(2) The obligor's current license has been suspended or revoked because the obligor's name has been certified by the department as an obligor who is not in compliance with an order of support; or
(3) The obligor's current driver license has been revoked because the obligor's name has been certified by the department as an obligor who is not in compliance with an order of support but eligible for a restricted license. The notice shall include information on the process for obtaining a restricted license and paying any restricted license fee required by the department of human services.
(c) A notice of suspension must specify the reason and statutory grounds for the suspension and the effective date of the suspension and may include any other notices prescribed by the licensing authority. The notice must also inform the individual that in order to apply for issuance, renewal or reinstatement of the license, the individual must obtain a release from the department of human services in accordance with § 36-5-707 .
(d) A notice to the obligor by the licensing authority to revoke, restrict, deny, suspend, or refuse to renew or reinstate a license after receipt of the notice of noncompliance from the department shall not be appealable under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
Amended by 2014 Tenn. Acts, ch. 852,Secs.s7, s8 eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 852,s 6, eff. 7/1/2015.
Acts 1996, ch. 892, § 7.
Tenn. Code Ann. § 36-6-608 — TN Code / Title 36 / Chapter 6 / Section 36-6-608
Provisions and measures to prevent abduction
Status: in_force

(a) If a petition is filed under this part, the court may enter an order that must include: (1) The basis for the court's exercise of jurisdiction; (2) The manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding; (3) A detailed description of each party's custody and visitation rights and residential arrangements for the child; (4) A provision stating that a violation of the order may subject the party in violation to civil and criminal penalties; and (5) Identification of the child's country of habitual residence at the time of the issuance of the order. (b) If, at a hearing on a petition under this part or on the court's own motion, the court after reviewing the evidence finds a credible risk of abduction of the child, the court shall enter an abduction prevention order. The order must include the provisions required by subsection (a) and measures and conditions, including those in subsections (c), (d), and (e), that are reasonably calculated to prevent abduction of the child, giving due consideration to the custody and visitation rights of the parties. The court shall consider the age of the child, the potential harm to the child from an abduction, the legal and practical difficulties of returning the child to the jurisdiction if abducted, and the reasons for the potential abduction, including evidence of domestic violence, stalking, or child abuse or neglect. (c) An abduction prevention order may include one (1) or more of the following: (1) An imposition of travel restrictions that require that a party traveling with the child outside a designated geographical area provide the other party with the following: (A) The travel itinerary of the child; (B) A list of physical addresses and telephone numbers at which the child can be reached at specified times; and (C) Copies of all travel documents; (2) A prohibition of the respondent directly or indirectly: (A) Removing the child from this state, the United States, or another geographic area without permission of the court or the petitioner's written consent; (B) Removing or retaining the child in violation of a child-custody determination; (C) Removing the child from school or a child-care or similar facility; or (D) Approaching the child at any location other than a site designated for supervised visitation; (3) A requirement that a party register the order in another state as a prerequisite to allowing the child to travel to that state; (4) With regard to the child's passport: (A) A direction that the petitioner place the child's name in the United States department of state's child passport issuance alert program; (B) A requirement that the respondent surrender to the court or the petitioner's attorney any United States or foreign passport issued in the child's name, including a passport issued in the name of both the parent and the child; and (C) A prohibition upon the respondent from applying on behalf of the child for a new or replacement passport or visa; (5) As a prerequisite to exercising custody or visitation, a requirement that the respondent provide: (A) To the United States department of state office of children's issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child; (B) To the court: (i) Proof that the respondent has provided the information in subdivision (c)(5)(A); and (ii) An acknowledgment in a record from the relevant foreign consulate or embassy that no passport application has been made or passport issued on behalf of the child; (C) To the petitioner, proof of registration with the United States embassy or other United States diplomatic presence in the destination country and with the Central Authority for the Hague Convention on the Civil Aspects of International Child Abduction, if that Convention is in effect between the United States and the destination country, unless one of the parties objects; and (D) A written waiver under the Privacy Act ( 5 U.S.C. § 552a ), with respect to any document, application, or other information pertaining to the child authorizing its disclosure to the court and the petitioner; and (6) Upon the petitioner's request, a requirement that the respondent obtain an order from the relevant foreign country containing terms identical to the child-custody determination issued in the United States. (d) In an abduction prevention order, the court may impose conditions on the exercise of custody or visitation that: (1) Limit visitation or require that visitation with the child by the respondent be supervised until the court finds that supervision is no longer necessary and order the respondent to pay the costs of supervision; (2) Require the respondent to post a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to pay for the reasonable expenses of recovery of the child, including reasonable attorney's fees and costs if there is an abduction; and (3) Require the respondent to obtain education on the potentially harmful effects to the child from abduction. (e) To prevent imminent abduction of a child, a court may: (1) Issue a warrant to take physical custody of the child under § 36-6-609 or the law of this state other than this part; (2) Direct the use of law enforcement to take any action reasonably necessary to locate the child, obtain return of the child, or enforce a custody determination under this part or the law of this state other than this part; or (3) Grant any other relief allowed under the law of this state other than this part. (f) The remedies provided in this part are cumulative and do not affect the availability of other remedies to prevent abduction. Acts 2010, ch. 832, § 1.
(a) If a petition is filed under this part, the court may enter an order that must include: (1) The basis for the court's exercise of jurisdiction; (2) The manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding; (3) A detailed description of each party's custody and visitation rights and residential arrangements for the child; (4) A provision stating that a violation of the order may subject the party in violation to civil and criminal penalties; and (5) Identification of the child's country of habitual residence at the time of the issuance of the order.
(1) The basis for the court's exercise of jurisdiction;
(2) The manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding;
(3) A detailed description of each party's custody and visitation rights and residential arrangements for the child;
(4) A provision stating that a violation of the order may subject the party in violation to civil and criminal penalties; and
(5) Identification of the child's country of habitual residence at the time of the issuance of the order.
(b) If, at a hearing on a petition under this part or on the court's own motion, the court after reviewing the evidence finds a credible risk of abduction of the child, the court shall enter an abduction prevention order. The order must include the provisions required by subsection (a) and measures and conditions, including those in subsections (c), (d), and (e), that are reasonably calculated to prevent abduction of the child, giving due consideration to the custody and visitation rights of the parties. The court shall consider the age of the child, the potential harm to the child from an abduction, the legal and practical difficulties of returning the child to the jurisdiction if abducted, and the reasons for the potential abduction, including evidence of domestic violence, stalking, or child abuse or neglect.
(c) An abduction prevention order may include one (1) or more of the following: (1) An imposition of travel restrictions that require that a party traveling with the child outside a designated geographical area provide the other party with the following: (A) The travel itinerary of the child; (B) A list of physical addresses and telephone numbers at which the child can be reached at specified times; and (C) Copies of all travel documents; (2) A prohibition of the respondent directly or indirectly: (A) Removing the child from this state, the United States, or another geographic area without permission of the court or the petitioner's written consent; (B) Removing or retaining the child in violation of a child-custody determination; (C) Removing the child from school or a child-care or similar facility; or (D) Approaching the child at any location other than a site designated for supervised visitation; (3) A requirement that a party register the order in another state as a prerequisite to allowing the child to travel to that state; (4) With regard to the child's passport: (A) A direction that the petitioner place the child's name in the United States department of state's child passport issuance alert program; (B) A requirement that the respondent surrender to the court or the petitioner's attorney any United States or foreign passport issued in the child's name, including a passport issued in the name of both the parent and the child; and (C) A prohibition upon the respondent from applying on behalf of the child for a new or replacement passport or visa; (5) As a prerequisite to exercising custody or visitation, a requirement that the respondent provide: (A) To the United States department of state office of children's issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child; (B) To the court: (i) Proof that the respondent has provided the information in subdivision (c)(5)(A); and (ii) An acknowledgment in a record from the relevant foreign consulate or embassy that no passport application has been made or passport issued on behalf of the child; (C) To the petitioner, proof of registration with the United States embassy or other United States diplomatic presence in the destination country and with the Central Authority for the Hague Convention on the Civil Aspects of International Child Abduction, if that Convention is in effect between the United States and the destination country, unless one of the parties objects; and (D) A written waiver under the Privacy Act ( 5 U.S.C. § 552a ), with respect to any document, application, or other information pertaining to the child authorizing its disclosure to the court and the petitioner; and (6) Upon the petitioner's request, a requirement that the respondent obtain an order from the relevant foreign country containing terms identical to the child-custody determination issued in the United States.
(1) An imposition of travel restrictions that require that a party traveling with the child outside a designated geographical area provide the other party with the following: (A) The travel itinerary of the child; (B) A list of physical addresses and telephone numbers at which the child can be reached at specified times; and (C) Copies of all travel documents;
(A) The travel itinerary of the child;
(B) A list of physical addresses and telephone numbers at which the child can be reached at specified times; and
(C) Copies of all travel documents;
(2) A prohibition of the respondent directly or indirectly: (A) Removing the child from this state, the United States, or another geographic area without permission of the court or the petitioner's written consent; (B) Removing or retaining the child in violation of a child-custody determination; (C) Removing the child from school or a child-care or similar facility; or (D) Approaching the child at any location other than a site designated for supervised visitation;
(A) Removing the child from this state, the United States, or another geographic area without permission of the court or the petitioner's written consent;
(B) Removing or retaining the child in violation of a child-custody determination;
(C) Removing the child from school or a child-care or similar facility; or
(D) Approaching the child at any location other than a site designated for supervised visitation;
(3) A requirement that a party register the order in another state as a prerequisite to allowing the child to travel to that state;
(4) With regard to the child's passport: (A) A direction that the petitioner place the child's name in the United States department of state's child passport issuance alert program; (B) A requirement that the respondent surrender to the court or the petitioner's attorney any United States or foreign passport issued in the child's name, including a passport issued in the name of both the parent and the child; and (C) A prohibition upon the respondent from applying on behalf of the child for a new or replacement passport or visa;
(A) A direction that the petitioner place the child's name in the United States department of state's child passport issuance alert program;
(B) A requirement that the respondent surrender to the court or the petitioner's attorney any United States or foreign passport issued in the child's name, including a passport issued in the name of both the parent and the child; and
(C) A prohibition upon the respondent from applying on behalf of the child for a new or replacement passport or visa;
(5) As a prerequisite to exercising custody or visitation, a requirement that the respondent provide: (A) To the United States department of state office of children's issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child; (B) To the court: (i) Proof that the respondent has provided the information in subdivision (c)(5)(A); and (ii) An acknowledgment in a record from the relevant foreign consulate or embassy that no passport application has been made or passport issued on behalf of the child; (C) To the petitioner, proof of registration with the United States embassy or other United States diplomatic presence in the destination country and with the Central Authority for the Hague Convention on the Civil Aspects of International Child Abduction, if that Convention is in effect between the United States and the destination country, unless one of the parties objects; and (D) A written waiver under the Privacy Act ( 5 U.S.C. § 552a ), with respect to any document, application, or other information pertaining to the child authorizing its disclosure to the court and the petitioner; and
(A) To the United States department of state office of children's issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child;
(B) To the court: (i) Proof that the respondent has provided the information in subdivision (c)(5)(A); and (ii) An acknowledgment in a record from the relevant foreign consulate or embassy that no passport application has been made or passport issued on behalf of the child;
(i) Proof that the respondent has provided the information in subdivision (c)(5)(A); and
(ii) An acknowledgment in a record from the relevant foreign consulate or embassy that no passport application has been made or passport issued on behalf of the child;
(C) To the petitioner, proof of registration with the United States embassy or other United States diplomatic presence in the destination country and with the Central Authority for the Hague Convention on the Civil Aspects of International Child Abduction, if that Convention is in effect between the United States and the destination country, unless one of the parties objects; and
(D) A written waiver under the Privacy Act ( 5 U.S.C. § 552a ), with respect to any document, application, or other information pertaining to the child authorizing its disclosure to the court and the petitioner; and
(6) Upon the petitioner's request, a requirement that the respondent obtain an order from the relevant foreign country containing terms identical to the child-custody determination issued in the United States.
(d) In an abduction prevention order, the court may impose conditions on the exercise of custody or visitation that: (1) Limit visitation or require that visitation with the child by the respondent be supervised until the court finds that supervision is no longer necessary and order the respondent to pay the costs of supervision; (2) Require the respondent to post a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to pay for the reasonable expenses of recovery of the child, including reasonable attorney's fees and costs if there is an abduction; and (3) Require the respondent to obtain education on the potentially harmful effects to the child from abduction.
(1) Limit visitation or require that visitation with the child by the respondent be supervised until the court finds that supervision is no longer necessary and order the respondent to pay the costs of supervision;
(2) Require the respondent to post a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to pay for the reasonable expenses of recovery of the child, including reasonable attorney's fees and costs if there is an abduction; and
(3) Require the respondent to obtain education on the potentially harmful effects to the child from abduction.
(e) To prevent imminent abduction of a child, a court may: (1) Issue a warrant to take physical custody of the child under § 36-6-609 or the law of this state other than this part; (2) Direct the use of law enforcement to take any action reasonably necessary to locate the child, obtain return of the child, or enforce a custody determination under this part or the law of this state other than this part; or (3) Grant any other relief allowed under the law of this state other than this part.
(1) Issue a warrant to take physical custody of the child under § 36-6-609 or the law of this state other than this part;
(2) Direct the use of law enforcement to take any action reasonably necessary to locate the child, obtain return of the child, or enforce a custody determination under this part or the law of this state other than this part; or
(3) Grant any other relief allowed under the law of this state other than this part.
(f) The remedies provided in this part are cumulative and do not affect the availability of other remedies to prevent abduction.
Acts 2010, ch. 832, § 1.
Tenn. Code Ann. § 36-6-224 — TN Code / Title 36 / Chapter 6 / Section 36-6-224
Information in first pleading or affidavit - Stay - Continuing duty to inform court - Sealing records
Status: in_force

(a) Subject to § 36-4-106(b) , in a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath, as to the child's present address or whereabouts, the places where the child has lived during the last five (5) years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party: (1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any; (2) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and 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; and (3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons. (b) If the information required by subdivisions (a)(1)-(3) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished. (c) If the declaration as to any of the items described in subdivisions (a)(1)-(3) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case. (d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding. (e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice. Nothing in this subsection (e) shall be construed to require sealing of any information or records maintained by the state or a local government except identifying information in a custody or visitation action brought under this part. Acts 1999, ch. 389, § 25.
(a) Subject to § 36-4-106(b) , in a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath, as to the child's present address or whereabouts, the places where the child has lived during the last five (5) years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party: (1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any; (2) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and 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; and (3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any;
(2) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and 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; and
(3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(b) If the information required by subdivisions (a)(1)-(3) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items described in subdivisions (a)(1)-(3) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice. Nothing in this subsection (e) shall be construed to require sealing of any information or records maintained by the state or a local government except identifying information in a custody or visitation action brought under this part.
Acts 1999, ch. 389, § 25.
Tenn. Code Ann. § 36-2-303 — TN Code / Title 36 / Chapter 2 / Section 36-2-303
Custody with mother absent an order of custody
Status: in_force

Absent an order of custody to the contrary, custody of a child born out of wedlock is with the mother. Acts 1997, ch. 477, § 1.
Absent an order of custody to the contrary, custody of a child born out of wedlock is with the mother.
Acts 1997, ch. 477, § 1.
Tenn. Code Ann. § 36-5-2702 — TN Code / Title 36 / Chapter 5 / Section 36-5-2702
Applicability
Status: in_force

This part applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this part is inconsistent with parts 21-26, this part controls. Acts 2010, ch. 901, § 1.
This part applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this part is inconsistent with parts 21-26, this part controls.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-2209 — TN Code / Title 36 / Chapter 5 / Section 36-5-2209
Credit for payments
Status: in_force

A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, or another state, or a foreign country. Acts 2010, ch. 901, § 1.
A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, or another state, or a foreign country.
Acts 2010, ch. 901, § 1.