Tenn. Code Ann. § 36-5-2802 — TN Code / Title 36 / Chapter 5 / Section 36-5-2802
Conditions of rendition
Status: in_force

(a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty (60) days previously the obligee had initiated proceedings for support pursuant to parts 20-29 of this chapter or that the proceeding would be of no avail. (b) If, under parts 20-29 of this chapter or a law substantially similar to parts 20-29 of this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. (c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order. Acts 2010, ch. 901, § 1.
(a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty (60) days previously the obligee had initiated proceedings for support pursuant to parts 20-29 of this chapter or that the proceeding would be of no avail.
(b) If, under parts 20-29 of this chapter or a law substantially similar to parts 20-29 of this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-4-124 — TN Code / Title 36 / Chapter 4 / Section 36-4-124
Right to remarry
Status: in_force

When a marriage is absolutely annulled, or dissolved, the parties shall severally be at liberty to marry again. Code 1858, § 2475 (deriv. Acts 1835-1836, ch. 26, § 7); Shan., §4228; mod. Code, 1932, § 8452; Acts 1970, ch. 347, § 1; T.C.A. (orig. ed.), § 36-831.
When a marriage is absolutely annulled, or dissolved, the parties shall severally be at liberty to marry again.
Code 1858, § 2475 (deriv. Acts 1835-1836, ch. 26, § 7); Shan., §4228; mod. Code, 1932, § 8452; Acts 1970, ch. 347, § 1; T.C.A. (orig. ed.), § 36-831.
Tenn. Code Ann. § 36-4-108 — TN Code / Title 36 / Chapter 4 / Section 36-4-108
Security for costs - Service of process
Status: in_force

(a) The complainant, upon giving security for costs, or otherwise complying with the law, shall have the usual process to compel the defendant to appear and answer the bill, or it may be taken for confessed, as in other chancery cases. (b) In actions for annulment of marriage, service on the defendant may be by subpoena or by publication as in divorce cases. Code 1858, § 2454 (deriv. Acts 1831, ch. 20, § 1; 1835-1836, ch. 26, §§ 3, 18; 1841-1842, ch. 133, § 3); Shan., § 4207; mod. Code 1932, § 8432; Acts 1957, ch. 100, § 1; T.C.A. (orig. ed.), §§ 36-807, 36-834.
(a) The complainant, upon giving security for costs, or otherwise complying with the law, shall have the usual process to compel the defendant to appear and answer the bill, or it may be taken for confessed, as in other chancery cases.
(b) In actions for annulment of marriage, service on the defendant may be by subpoena or by publication as in divorce cases.
Code 1858, § 2454 (deriv. Acts 1831, ch. 20, § 1; 1835-1836, ch. 26, §§ 3, 18; 1841-1842, ch. 133, § 3); Shan., § 4207; mod. Code 1932, § 8432; Acts 1957, ch. 100, § 1; T.C.A. (orig. ed.), §§ 36-807, 36-834.
Tenn. Code Ann. § 36-4-110 — TN Code / Title 36 / Chapter 4 / Section 36-4-110
Appearance and answer
Status: in_force

The defendant may appear according to the rules of the court and answer the bill upon oath or affirmation. Code 1858, § 2457 (deriv. Acts 1835-1836, ch. 26, § 5); Shan., §4210; Code 1932, § 8435; T.C.A. (orig. ed.), § 36-810.
The defendant may appear according to the rules of the court and answer the bill upon oath or affirmation.
Code 1858, § 2457 (deriv. Acts 1835-1836, ch. 26, § 5); Shan., §4210; Code 1932, § 8435; T.C.A. (orig. ed.), § 36-810.
Tenn. Code Ann. § 36-1-140 — TN Code / Title 36 / Chapter 1 / Section 36-1-140
Immunity for actions in good faith by department personnel and immunity of certain other persons
Status: in_force

(a) The actions of the personnel of the department, or the departments of health, finance and administration, and general services, or their successors, undertaken in the performance of their duties pursuant to §§ 36-1-125 - 36-1-138 or pursuant to § 36-2-318 , or those actions of a licensed child-placing agency or licensed clinical social worker when acting pursuant to § 36-1-134 , within the scope of its authority shall be presumed to be undertaken in good faith and the personnel of these departments or licensed child-placing agencies or the licensed clinical social worker and the officers and agents of the state shall thereby be entitled to absolute immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. The presumption shall only be overcome by clear and convincing evidence that the actions were malicious or were for personal gain. (b) The absolute immunity of subsection (a) shall extend to information provided by any of the entities, their officers, personnel or agents under subsection (a) that is obtained from another source and that is either incorrect or false. (c) No information that is released pursuant to this part concerning a biological or legal parent or guardian who voluntarily surrendered or consented to adoption of a child shall be the basis for any civil liability of the biological or legal parent or guardian. Acts 1995, ch. 532, § 1.
(a) The actions of the personnel of the department, or the departments of health, finance and administration, and general services, or their successors, undertaken in the performance of their duties pursuant to §§ 36-1-125 - 36-1-138 or pursuant to § 36-2-318 , or those actions of a licensed child-placing agency or licensed clinical social worker when acting pursuant to § 36-1-134 , within the scope of its authority shall be presumed to be undertaken in good faith and the personnel of these departments or licensed child-placing agencies or the licensed clinical social worker and the officers and agents of the state shall thereby be entitled to absolute immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. The presumption shall only be overcome by clear and convincing evidence that the actions were malicious or were for personal gain.
(b) The absolute immunity of subsection (a) shall extend to information provided by any of the entities, their officers, personnel or agents under subsection (a) that is obtained from another source and that is either incorrect or false.
(c) No information that is released pursuant to this part concerning a biological or legal parent or guardian who voluntarily surrendered or consented to adoption of a child shall be the basis for any civil liability of the biological or legal parent or guardian.
Acts 1995, ch. 532, § 1.
Tenn. Code Ann. § 36-4-113 — TN Code / Title 36 / Chapter 4 / Section 36-4-113
Issues - Trial by jury - New trial
Status: in_force

Issues may be made up at the request of either party upon matters of fact charged in the bill or petition and denied in the answer, and be tried by a jury in presence of the court, and a new trial may be granted of the issues, should the court deem it necessary. Code 1858, § 2458 (deriv. Acts 1835-1836, ch. 26, § 5); Shan., §4211; Code 1932, § 8436; T.C.A. (orig. ed.), § 36-812.
Issues may be made up at the request of either party upon matters of fact charged in the bill or petition and denied in the answer, and be tried by a jury in presence of the court, and a new trial may be granted of the issues, should the court deem it necessary.
Code 1858, § 2458 (deriv. Acts 1835-1836, ch. 26, § 5); Shan., §4211; Code 1932, § 8436; T.C.A. (orig. ed.), § 36-812.
Tenn. Code Ann. § 36-5-120 — TN Code / Title 36 / Chapter 5 / Section 36-5-120
Payments and identifying information required for support payments made to the centralized collection and disbursement unit
Status: in_force

(a) All payments to the centralized collection and disbursement unit by either the obligor parent or a payer on behalf of the obligor parent shall include the following information: (1) The name and social security number of the obligor parent; and (2) The code identifier for the court for which the payment is being made and the docket number of the case in which the support order was entered. (b) As an alternative to compliance with subsection (a), an employer or other payer of support on behalf of an obligor parent may submit a payment document provided by the department of human services on which the employer or other payer shall include the amount of income withholding on each affected employee or other payee, and, if appropriate, shall provide the name and address of any new employer of an affected employee or payee if known to the employer or other payer. (c) As an alternative to subsection (a), a self-employed obligor parent, or an obligor parent whose employer or other payer of income is unknown to the department, may submit a payment coupon provided by the department to the parent with the payment due. (d) Any payment made to the centralized collection and disbursement unit that does not comply with the requirements of subsections (a)-(c) shall be subject to a penalty. (e) (1) If, after prior warning notification by the department of failure to provide the information with the payments as required by this section, any employer or other payer of income fails or refuses to comply with the requirements of this section, the violator shall be subject to a civil penalty of one hundred dollars ($100) per individual for whom the required information is not provided upon the first failure to comply, two hundred dollars ($200) per individual for the second failure to comply and five hundred dollars ($500) per individual for each occurrence thereafter. The warning notification shall specifically state the information required to be submitted and the information omitted by the employer or other payer of income, shall provide a telephone number for questions, and shall set forth the penalties for failure to comply, referencing statutory authority. (2) If, after prior warning notification by the department of failure to provide the information with the payments as required by this section, any obligor fails or refuses to comply with the requirements of this section, the violator shall be subject to a civil penalty of one hundred dollars ($100) or the amount equaling twenty-five percent (25%) of the obligor's monthly support obligation, whichever is less, for the first failure to provide the required information; two hundred dollars ($200) or the amount equaling fifty percent (50%) of the obligor's monthly obligation, whichever is less, for the second failure to comply; and five hundred dollars ($500) or the obligor's monthly support obligation, whichever is less, for each occurrence thereafter. The warning notification shall specifically state the information required to be submitted and the information omitted by the obligor, shall provide a telephone number for questions, and shall set forth the penalties for failure to comply, referencing statutory authority. (3) Any employer, payer of income or obligor who conspires not to provide the information required by this section or who conspires to provide false or incomplete information shall each be subject to a civil penalty of five hundred dollars ($500). (4) These penalties shall be assessed by the commissioner of human services after written notice to the violator. The notice shall provide fifteen (15) days from the mailing date of such notice to file a written request to the department for appeal of the civil penalty. (5) If an appeal is timely filed with the department by the employer, payer of income or obligor, the department shall set an administrative hearing on the issue of the assessment pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to contested case hearings. (6) Failure to timely appeal the assessment of the civil penalty shall be final and conclusive of the correctness of the assessment. (7) Any amount found owing shall be due and payable not later than fifteen (15) days after the mailing date of the determination. (8) (A) Failure to pay an assessment shall result in a lien against the real or personal property of the employer, payer of income or the obligor in favor of the department. If the violator fails to pay an assessment when it becomes final, the department may collect the amount of the civil penalty by any available administrative enforcement procedures or by court action. (B) The nonprevailing party shall be liable for all court costs and litigation taxes of the proceedings and shall be liable to the department for the cost of any private, contract or government attorney representing the state and for the time of any of its Title IV-D or contractor staff utilized in litigating the assessment. (9) Any appeal of the action of the commissioner pursuant to this section shall be made in conformity with § 36-5-1003 . Acts 2000, ch. 909, § 1; 2002, ch. 674, § 2.
(a) All payments to the centralized collection and disbursement unit by either the obligor parent or a payer on behalf of the obligor parent shall include the following information: (1) The name and social security number of the obligor parent; and (2) The code identifier for the court for which the payment is being made and the docket number of the case in which the support order was entered.
(1) The name and social security number of the obligor parent; and
(2) The code identifier for the court for which the payment is being made and the docket number of the case in which the support order was entered.
(b) As an alternative to compliance with subsection (a), an employer or other payer of support on behalf of an obligor parent may submit a payment document provided by the department of human services on which the employer or other payer shall include the amount of income withholding on each affected employee or other payee, and, if appropriate, shall provide the name and address of any new employer of an affected employee or payee if known to the employer or other payer.
(c) As an alternative to subsection (a), a self-employed obligor parent, or an obligor parent whose employer or other payer of income is unknown to the department, may submit a payment coupon provided by the department to the parent with the payment due.
(d) Any payment made to the centralized collection and disbursement unit that does not comply with the requirements of subsections (a)-(c) shall be subject to a penalty.
(e) (1) If, after prior warning notification by the department of failure to provide the information with the payments as required by this section, any employer or other payer of income fails or refuses to comply with the requirements of this section, the violator shall be subject to a civil penalty of one hundred dollars ($100) per individual for whom the required information is not provided upon the first failure to comply, two hundred dollars ($200) per individual for the second failure to comply and five hundred dollars ($500) per individual for each occurrence thereafter. The warning notification shall specifically state the information required to be submitted and the information omitted by the employer or other payer of income, shall provide a telephone number for questions, and shall set forth the penalties for failure to comply, referencing statutory authority. (2) If, after prior warning notification by the department of failure to provide the information with the payments as required by this section, any obligor fails or refuses to comply with the requirements of this section, the violator shall be subject to a civil penalty of one hundred dollars ($100) or the amount equaling twenty-five percent (25%) of the obligor's monthly support obligation, whichever is less, for the first failure to provide the required information; two hundred dollars ($200) or the amount equaling fifty percent (50%) of the obligor's monthly obligation, whichever is less, for the second failure to comply; and five hundred dollars ($500) or the obligor's monthly support obligation, whichever is less, for each occurrence thereafter. The warning notification shall specifically state the information required to be submitted and the information omitted by the obligor, shall provide a telephone number for questions, and shall set forth the penalties for failure to comply, referencing statutory authority. (3) Any employer, payer of income or obligor who conspires not to provide the information required by this section or who conspires to provide false or incomplete information shall each be subject to a civil penalty of five hundred dollars ($500). (4) These penalties shall be assessed by the commissioner of human services after written notice to the violator. The notice shall provide fifteen (15) days from the mailing date of such notice to file a written request to the department for appeal of the civil penalty. (5) If an appeal is timely filed with the department by the employer, payer of income or obligor, the department shall set an administrative hearing on the issue of the assessment pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to contested case hearings. (6) Failure to timely appeal the assessment of the civil penalty shall be final and conclusive of the correctness of the assessment. (7) Any amount found owing shall be due and payable not later than fifteen (15) days after the mailing date of the determination. (8) (A) Failure to pay an assessment shall result in a lien against the real or personal property of the employer, payer of income or the obligor in favor of the department. If the violator fails to pay an assessment when it becomes final, the department may collect the amount of the civil penalty by any available administrative enforcement procedures or by court action. (B) The nonprevailing party shall be liable for all court costs and litigation taxes of the proceedings and shall be liable to the department for the cost of any private, contract or government attorney representing the state and for the time of any of its Title IV-D or contractor staff utilized in litigating the assessment. (9) Any appeal of the action of the commissioner pursuant to this section shall be made in conformity with § 36-5-1003 .
(1) If, after prior warning notification by the department of failure to provide the information with the payments as required by this section, any employer or other payer of income fails or refuses to comply with the requirements of this section, the violator shall be subject to a civil penalty of one hundred dollars ($100) per individual for whom the required information is not provided upon the first failure to comply, two hundred dollars ($200) per individual for the second failure to comply and five hundred dollars ($500) per individual for each occurrence thereafter. The warning notification shall specifically state the information required to be submitted and the information omitted by the employer or other payer of income, shall provide a telephone number for questions, and shall set forth the penalties for failure to comply, referencing statutory authority.
(2) If, after prior warning notification by the department of failure to provide the information with the payments as required by this section, any obligor fails or refuses to comply with the requirements of this section, the violator shall be subject to a civil penalty of one hundred dollars ($100) or the amount equaling twenty-five percent (25%) of the obligor's monthly support obligation, whichever is less, for the first failure to provide the required information; two hundred dollars ($200) or the amount equaling fifty percent (50%) of the obligor's monthly obligation, whichever is less, for the second failure to comply; and five hundred dollars ($500) or the obligor's monthly support obligation, whichever is less, for each occurrence thereafter. The warning notification shall specifically state the information required to be submitted and the information omitted by the obligor, shall provide a telephone number for questions, and shall set forth the penalties for failure to comply, referencing statutory authority.
(3) Any employer, payer of income or obligor who conspires not to provide the information required by this section or who conspires to provide false or incomplete information shall each be subject to a civil penalty of five hundred dollars ($500).
(4) These penalties shall be assessed by the commissioner of human services after written notice to the violator. The notice shall provide fifteen (15) days from the mailing date of such notice to file a written request to the department for appeal of the civil penalty.
(5) If an appeal is timely filed with the department by the employer, payer of income or obligor, the department shall set an administrative hearing on the issue of the assessment pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to contested case hearings.
(6) Failure to timely appeal the assessment of the civil penalty shall be final and conclusive of the correctness of the assessment.
(7) Any amount found owing shall be due and payable not later than fifteen (15) days after the mailing date of the determination.
(8) (A) Failure to pay an assessment shall result in a lien against the real or personal property of the employer, payer of income or the obligor in favor of the department. If the violator fails to pay an assessment when it becomes final, the department may collect the amount of the civil penalty by any available administrative enforcement procedures or by court action. (B) The nonprevailing party shall be liable for all court costs and litigation taxes of the proceedings and shall be liable to the department for the cost of any private, contract or government attorney representing the state and for the time of any of its Title IV-D or contractor staff utilized in litigating the assessment.
(A) Failure to pay an assessment shall result in a lien against the real or personal property of the employer, payer of income or the obligor in favor of the department. If the violator fails to pay an assessment when it becomes final, the department may collect the amount of the civil penalty by any available administrative enforcement procedures or by court action.
(B) The nonprevailing party shall be liable for all court costs and litigation taxes of the proceedings and shall be liable to the department for the cost of any private, contract or government attorney representing the state and for the time of any of its Title IV-D or contractor staff utilized in litigating the assessment.
(9) Any appeal of the action of the commissioner pursuant to this section shall be made in conformity with § 36-5-1003 .
Acts 2000, ch. 909, § 1; 2002, ch. 674, § 2.
Tenn. Code Ann. § 36-3-401 — TN Code / Title 36 / Chapter 3 / Section 36-3-401
Proof of contract
Status: in_force

In all actions for damages for the breach of promise or contract of marriage that may hereafter be tried in the courts of this state, unless there is written evidence of such contract, signed by the party against whom the action is brought, the alleged contract must be proved by at least two (2) disinterested witnesses before any recovery may be allowed. Acts 1949, ch. 161, § 3; C. Supp. 1950, § 8462.3 (Williams, § 9720.7); T.C.A. (orig. ed.), § 36-701.
In all actions for damages for the breach of promise or contract of marriage that may hereafter be tried in the courts of this state, unless there is written evidence of such contract, signed by the party against whom the action is brought, the alleged contract must be proved by at least two (2) disinterested witnesses before any recovery may be allowed.
Acts 1949, ch. 161, § 3; C. Supp. 1950, § 8462.3 (Williams, § 9720.7); T.C.A. (orig. ed.), § 36-701.
Tenn. Code Ann. § 36-7-204 — TN Code / Title 36 / Chapter 7 / Section 36-7-204
Grant and revocation of power of attorney
Status: in_force

A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this part, or if a court order currently in effect prohibits contact between the child and the other parent. The deploying parent may revoke the power of attorney by signing a revocation of the power. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this part, or if a court order currently in effect prohibits contact between the child and the other parent. The deploying parent may revoke the power of attorney by signing a revocation of the power.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-3-613 — TN Code / Title 36 / Chapter 3 / Section 36-3-613
Leaving residence or use of necessary force - Right to relief unaffected
Status: in_force

(a) The petitioner's right to relief under this part is not affected by the petitioner's leaving the residence or household to avoid domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense. (b) The petitioner's right to relief under this part is not affected by use of such physical force against the respondent as is reasonably believed to be necessary to defend the petitioner or another from imminent physical injury, domestic abuse, or sexual assault. Amended by 2022 Tenn. Acts, ch. 1115, s 7, eff. 7/1/2022. Acts 1979, ch. 350, § 15; T.C.A., § 36-1215; Acts 1997 , ch. 459, § 2; 2005, ch. 381, § 6.
(a) The petitioner's right to relief under this part is not affected by the petitioner's leaving the residence or household to avoid domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense.
(b) The petitioner's right to relief under this part is not affected by use of such physical force against the respondent as is reasonably believed to be necessary to defend the petitioner or another from imminent physical injury, domestic abuse, or sexual assault.
Amended by 2022 Tenn. Acts, ch. 1115, s 7, eff. 7/1/2022.
Acts 1979, ch. 350, § 15; T.C.A., § 36-1215; Acts 1997 , ch. 459, § 2; 2005, ch. 381, § 6.
Tenn. Code Ann. § 36-1-129 — TN Code / Title 36 / Chapter 1 / Section 36-1-129
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 101,s 28, eff. 7/1/2022. Acts 1995, ch. 532, §§ 1, 19; 1996, ch. 1054, §§ 97, 115.
Repealed by 2021 Tenn. Acts, ch. 101,s 28, eff. 7/1/2022.
Acts 1995, ch. 532, §§ 1, 19; 1996, ch. 1054, §§ 97, 115.
Tenn. Code Ann. § 36-5-904 — TN Code / Title 36 / Chapter 5 / Section 36-5-904
Enforcement of liens
Status: in_force

In cases where there is an arrearage of child or spousal support in a Title IV-D child support case or in which a lien arises pursuant to § 36-5-901 , the department is authorized, without further order of a court, to secure the assets of the obligor to satisfy the current obligation and the arrearage by: (1) Intercepting or seizing periodic or lump-sum payments or benefits due the obligor: (A) From a state or local agency; (B) From judgments of any judicial or administrative tribunal, settlements approved by any judicial or administrative tribunal, and lottery winnings; (2) By attaching or seizing assets of the obligor or other person or entity held in financial institutions as defined in § 36-5-910 ; (3) By attaching public and private retirement funds; and (4) By imposing liens in accordance with § 36-5-901 , and, in appropriate cases, by forcing the sale of the obligor's legal or equitable interest in property and by distribution of the proceeds of such sale. Acts 1997, ch. 551, § 12; 1998, ch. 1098, § 37.
In cases where there is an arrearage of child or spousal support in a Title IV-D child support case or in which a lien arises pursuant to § 36-5-901 , the department is authorized, without further order of a court, to secure the assets of the obligor to satisfy the current obligation and the arrearage by:
(1) Intercepting or seizing periodic or lump-sum payments or benefits due the obligor: (A) From a state or local agency; (B) From judgments of any judicial or administrative tribunal, settlements approved by any judicial or administrative tribunal, and lottery winnings;
(A) From a state or local agency;
(B) From judgments of any judicial or administrative tribunal, settlements approved by any judicial or administrative tribunal, and lottery winnings;
(2) By attaching or seizing assets of the obligor or other person or entity held in financial institutions as defined in § 36-5-910 ;
(3) By attaching public and private retirement funds; and
(4) By imposing liens in accordance with § 36-5-901 , and, in appropriate cases, by forcing the sale of the obligor's legal or equitable interest in property and by distribution of the proceeds of such sale.
Acts 1997, ch. 551, § 12; 1998, ch. 1098, § 37.
Tenn. Code Ann. § 36-5-2713 — TN Code / Title 36 / Chapter 5 / Section 36-5-2713
Record in original language - English translation
Status: in_force

A record filed with a tribunal of this state under this part must be in the original language and, if not in English, must be accompanied by an English translation. Acts 2010, ch. 901, § 1.
A record filed with a tribunal of this state under this part must be in the original language and, if not in English, must be accompanied by an English translation.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-2605 — TN Code / Title 36 / Chapter 5 / Section 36-5-2605
Notice of registration of order
Status: in_force

(a) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order. (b) A notice must inform the nonregistering party: (1) That a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state; (2) That a hearing to contest the validity or enforcement of the registered order must be requested within twenty (20) days after notice unless the registered order is under § 36-5-2707 ; (3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and (4) Of the amount of any alleged arrearages. (c) If the registering party asserts that two (2) or more orders are in effect, a notice must also: (1) Identify the two (2) or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any; (2) Notify the nonregistering party of the right to a determination of which is the controlling order; (3) State that the procedures provided in subsection (b) apply to the determination of which is the controlling order; and (4) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order. (d) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to part 5 of this chapter. Acts 2010, ch. 901, § 1.
(a) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(b) A notice must inform the nonregistering party: (1) That a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state; (2) That a hearing to contest the validity or enforcement of the registered order must be requested within twenty (20) days after notice unless the registered order is under § 36-5-2707 ; (3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and (4) Of the amount of any alleged arrearages.
(1) That a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
(2) That a hearing to contest the validity or enforcement of the registered order must be requested within twenty (20) days after notice unless the registered order is under § 36-5-2707 ;
(3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and
(4) Of the amount of any alleged arrearages.
(c) If the registering party asserts that two (2) or more orders are in effect, a notice must also: (1) Identify the two (2) or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any; (2) Notify the nonregistering party of the right to a determination of which is the controlling order; (3) State that the procedures provided in subsection (b) apply to the determination of which is the controlling order; and (4) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(1) Identify the two (2) or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;
(2) Notify the nonregistering party of the right to a determination of which is the controlling order;
(3) State that the procedures provided in subsection (b) apply to the determination of which is the controlling order; and
(4) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(d) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to part 5 of this chapter.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-1-128 — TN Code / Title 36 / Chapter 1 / Section 36-1-128
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 101,s 28, eff. 7/1/2022. Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 84, 85, 114.
Repealed by 2021 Tenn. Acts, ch. 101,s 28, eff. 7/1/2022.
Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 84, 85, 114.
Tenn. Code Ann. § 36-6-602 — TN Code / Title 36 / Chapter 6 / Section 36-6-602
Part definitions
Status: in_force

In this part: (1) "Abduction" means the wrongful removal or wrongful retention of a child; (2) "Child" means an unemancipated individual who is less than eighteen (18) years of age; (3) "Child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order; (4) "Child-custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue. "Child-custody proceeding" includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence; (5) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination; (6) "Petition" includes a motion or its equivalent; (7) "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; (8) "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. "State" includes a federally recognized Indian tribe or nation; (9) "Travel document" means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. "Travel document" does not include a passport or visa; (10) "Wrongful removal" means the taking of a child that breaches rights of custody or visitation given or recognized under the law of this state; and (11) "Wrongful retention" means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the law of this state. Acts 2010, ch. 832, § 1.
In this part:
(1) "Abduction" means the wrongful removal or wrongful retention of a child;
(2) "Child" means an unemancipated individual who is less than eighteen (18) years of age;
(3) "Child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order;
(4) "Child-custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue. "Child-custody proceeding" includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence;
(5) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination;
(6) "Petition" includes a motion or its equivalent;
(7) "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;
(8) "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. "State" includes a federally recognized Indian tribe or nation;
(9) "Travel document" means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. "Travel document" does not include a passport or visa;
(10) "Wrongful removal" means the taking of a child that breaches rights of custody or visitation given or recognized under the law of this state; and
(11) "Wrongful retention" means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the law of this state.
Acts 2010, ch. 832, § 1.
Tenn. Code Ann. § 36-6-237 — TN Code / Title 36 / Chapter 6 / Section 36-6-237
Full faith and credit for foreign orders
Status: in_force

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this part which enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under this part. Acts 1999, ch. 389, § 38.
A court of this state shall accord full faith and credit to an order issued by another state and consistent with this part which enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under this part.
Acts 1999, ch. 389, § 38.
Tenn. Code Ann. § 36-4-112 — TN Code / Title 36 / Chapter 4 / Section 36-4-112
Defense when ground is adultery
Status: in_force

If the cause assigned for the divorce is adultery, it is a good defense and perpetual bar to the same if the defendant alleges and proves that: (1) The complainant has been guilty of like act or crime; (2) The complainant has admitted the defendant into conjugal society and embraces after knowledge of the criminal act; (3) The complainant, if the husband, allowed the wife's prostitutions and received hire for them; or (4) The husband exposed the wife to lewd company, whereby the wife became ensnared to the act or crime of adultery. Code 1858, § 2460 (deriv. Acts 1835-1836, ch. 26, § 9); Shan., §4213; mod. Code 1932, § 8438; T.C.A. (orig. ed.), § 36-811.
If the cause assigned for the divorce is adultery, it is a good defense and perpetual bar to the same if the defendant alleges and proves that:
(1) The complainant has been guilty of like act or crime;
(2) The complainant has admitted the defendant into conjugal society and embraces after knowledge of the criminal act;
(3) The complainant, if the husband, allowed the wife's prostitutions and received hire for them; or
(4) The husband exposed the wife to lewd company, whereby the wife became ensnared to the act or crime of adultery.
Code 1858, § 2460 (deriv. Acts 1835-1836, ch. 26, § 9); Shan., §4213; mod. Code 1932, § 8438; T.C.A. (orig. ed.), § 36-811.
Tenn. Code Ann. § 36-1-133 — TN Code / Title 36 / Chapter 1 / Section 36-1-133
Release of nonidentifying information concerning biological or legal family
Status: in_force

(a) Upon written request of an adopted person eighteen (18) years of age or older or of the adoptive parents or guardian of an adopted person under eighteen (18) years of age, the biological or legal relatives of an adopted person, the lineal descendants of the adopted person, or the legal representatives of such persons, the department shall provide to such persons, upon proper identification of such persons by the department, nonidentifying information about the adopted person and such person's biological or legal relatives as may be contained in the adopted person's sealed adoption record, sealed record or post-adoption record. (b) The information that may be released shall include only the following; provided, that nothing in this section shall be construed to authorize or require the release of any information from a sealed adoption record, sealed record or post-adoption record if such information would lead to the discovery of the identity or whereabouts of the biological or legal relatives of the adopted person unless § 36-1-138 is applicable: (1) The date and time of the birth of the adopted person and such person's weight and other physical characteristics at birth; (2) The age of the adopted person's biological relatives at the time of such person's birth; (3) The nationality, ethnic background, race and religious preference of the biological or legal relatives; (4) The educational level of the biological or legal relatives, general occupation and any talents or hobbies; (5) A general physical description of the biological or legal relatives, including height, weight, color of hair, color of eyes, complexion and other similar information; (6) Whether the biological or legal parent had any other children, and if so, any available nonidentifying information about such children; and (7) Available health history of the adopted person, and the person's biological or legal relatives, including specifically, any psychological or psychiatric information that would be expected to have any substantial effect on the adopted person's mental or physical health. (c) Whenever the department releases information pursuant to this section and it appears from the record that the adopted person who has sought information has been adopted two (2) or more times, the department shall specify whether the information released pertains to the adopted person's birth parents or to any intervening adoptive parent or parents. Amended by 2021 Tenn. Acts, ch. 101, s 18, eff. 7/1/2022. Amended by 2015 Tenn. Acts, ch. 199, s 1, eff. 7/1/2015. Acts 1982, ch. 668, § 1; T.C.A., § 36-141; § 36-1-140 ; Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 89, 90, 120; 2003 , ch. 231, § 16.
(a) Upon written request of an adopted person eighteen (18) years of age or older or of the adoptive parents or guardian of an adopted person under eighteen (18) years of age, the biological or legal relatives of an adopted person, the lineal descendants of the adopted person, or the legal representatives of such persons, the department shall provide to such persons, upon proper identification of such persons by the department, nonidentifying information about the adopted person and such person's biological or legal relatives as may be contained in the adopted person's sealed adoption record, sealed record or post-adoption record.
(b) The information that may be released shall include only the following; provided, that nothing in this section shall be construed to authorize or require the release of any information from a sealed adoption record, sealed record or post-adoption record if such information would lead to the discovery of the identity or whereabouts of the biological or legal relatives of the adopted person unless § 36-1-138 is applicable: (1) The date and time of the birth of the adopted person and such person's weight and other physical characteristics at birth; (2) The age of the adopted person's biological relatives at the time of such person's birth; (3) The nationality, ethnic background, race and religious preference of the biological or legal relatives; (4) The educational level of the biological or legal relatives, general occupation and any talents or hobbies; (5) A general physical description of the biological or legal relatives, including height, weight, color of hair, color of eyes, complexion and other similar information; (6) Whether the biological or legal parent had any other children, and if so, any available nonidentifying information about such children; and (7) Available health history of the adopted person, and the person's biological or legal relatives, including specifically, any psychological or psychiatric information that would be expected to have any substantial effect on the adopted person's mental or physical health.
(1) The date and time of the birth of the adopted person and such person's weight and other physical characteristics at birth;
(2) The age of the adopted person's biological relatives at the time of such person's birth;
(3) The nationality, ethnic background, race and religious preference of the biological or legal relatives;
(4) The educational level of the biological or legal relatives, general occupation and any talents or hobbies;
(5) A general physical description of the biological or legal relatives, including height, weight, color of hair, color of eyes, complexion and other similar information;
(6) Whether the biological or legal parent had any other children, and if so, any available nonidentifying information about such children; and
(7) Available health history of the adopted person, and the person's biological or legal relatives, including specifically, any psychological or psychiatric information that would be expected to have any substantial effect on the adopted person's mental or physical health.
(c) Whenever the department releases information pursuant to this section and it appears from the record that the adopted person who has sought information has been adopted two (2) or more times, the department shall specify whether the information released pertains to the adopted person's birth parents or to any intervening adoptive parent or parents.
Amended by 2021 Tenn. Acts, ch. 101, s 18, eff. 7/1/2022.
Amended by 2015 Tenn. Acts, ch. 199, s 1, eff. 7/1/2015.
Acts 1982, ch. 668, § 1; T.C.A., § 36-141; § 36-1-140 ; Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 89, 90, 120; 2003 , ch. 231, § 16.
Tenn. Code Ann. § 36-5-805 — TN Code / Title 36 / Chapter 5 / Section 36-5-805
Updating of information of parties to certain administrative actions
Status: in_force

(a) Each individual who is a party to any action pursuant to §§ 36-5-802 , 36-5-803 and 36-5-804 , or § 36-5-103(f) , shall be required, and the department shall order the party to file with the local Title IV-D child support office, upon entry of an order by the department, for entry into the state registry of support cases, and to update, as appropriate, the parties' and, for subdivisions (a)(1)-(3), the child's or children's: (1) Full name and any change in name; (2) Social security number and date and place of birth; (3) Residential and mailing addresses; (4) Home telephone numbers; (5) Driver license number; (6) The name, address, and telephone number of the person's employer; (7) The availability and cost of health insurance for the child; and (8) Gross annual income. (b) Any update must be made within ten (10) days of the date of a change in circumstances of the person and the order shall give notice of this requirement. (c) In any subsequent child support enforcement action, the delivery of written notice as required by Tennessee Rule of Civil Procedure 5 to the most recent residential or employer address shown in the department's records or the Title IV-D agency's records as required in subsection (a) shall be deemed to satisfy due process requirements for notice and service of process with respect to that party if there is a sufficient showing that a diligent effort has been made to ascertain the location and whereabouts of the party. Acts 1997, ch. 551, § 11; 1998, ch. 1098, §§ 29 - 31.
(a) Each individual who is a party to any action pursuant to §§ 36-5-802 , 36-5-803 and 36-5-804 , or § 36-5-103(f) , shall be required, and the department shall order the party to file with the local Title IV-D child support office, upon entry of an order by the department, for entry into the state registry of support cases, and to update, as appropriate, the parties' and, for subdivisions (a)(1)-(3), the child's or children's: (1) Full name and any change in name; (2) Social security number and date and place of birth; (3) Residential and mailing addresses; (4) Home telephone numbers; (5) Driver license number; (6) The name, address, and telephone number of the person's employer; (7) The availability and cost of health insurance for the child; and (8) Gross annual income.
(1) Full name and any change in name;
(2) Social security number and date and place of birth;
(3) Residential and mailing addresses;
(4) Home telephone numbers;
(5) Driver license number;
(6) The name, address, and telephone number of the person's employer;
(7) The availability and cost of health insurance for the child; and
(8) Gross annual income.
(b) Any update must be made within ten (10) days of the date of a change in circumstances of the person and the order shall give notice of this requirement.
(c) In any subsequent child support enforcement action, the delivery of written notice as required by Tennessee Rule of Civil Procedure 5 to the most recent residential or employer address shown in the department's records or the Title IV-D agency's records as required in subsection (a) shall be deemed to satisfy due process requirements for notice and service of process with respect to that party if there is a sufficient showing that a diligent effort has been made to ascertain the location and whereabouts of the party.
Acts 1997, ch. 551, § 11; 1998, ch. 1098, §§ 29 - 31.
Tenn. Code Ann. § 36-7-503 — TN Code / Title 36 / Chapter 7 / Section 36-7-503
Applicability of chapter
Status: in_force

This chapter does not affect the validity of a temporary court order concerning custodial responsibility during deployment which was entered before July 1, 2014. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
This chapter does not affect the validity of a temporary court order concerning custodial responsibility during deployment which was entered before July 1, 2014.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-1-147 — TN Code / Title 36 / Chapter 1 / Section 36-1-147
Private licensed child-placing agencies
Status: in_force

(a) To the extent allowed by federal law, no private licensed child-placing agency shall be required to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency's written religious or moral convictions or policies. (b) To the extent allowed by federal law, the department of children's services shall not deny an application for an initial license or renewal of a license or revoke the license of a private child-placing agency because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies. (c) To the extent allowed by federal law, a state or local government entity shall not deny to a private licensed child-placing agency any grant, contract, or participation in a government program because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies. (d) Refusal of a private licensed child-placing agency to perform, assist, counsel, recommend, consent to, refer, or participate in a placement that violates the agency's written religious or moral convictions or policies shall not form the basis of a civil action for either damages or injunctive relief. Acts 2020, ch. 514, § 1.
(a) To the extent allowed by federal law, no private licensed child-placing agency shall be required to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency's written religious or moral convictions or policies.
(b) To the extent allowed by federal law, the department of children's services shall not deny an application for an initial license or renewal of a license or revoke the license of a private child-placing agency because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies.
(c) To the extent allowed by federal law, a state or local government entity shall not deny to a private licensed child-placing agency any grant, contract, or participation in a government program because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies.
(d) Refusal of a private licensed child-placing agency to perform, assist, counsel, recommend, consent to, refer, or participate in a placement that violates the agency's written religious or moral convictions or policies shall not form the basis of a civil action for either damages or injunctive relief.
Acts 2020, ch. 514, § 1.
Tenn. Code Ann. § 36-6-402 — TN Code / Title 36 / Chapter 6 / Section 36-6-402
Part definitions
Status: in_force

As used in this part, unless the context requires otherwise: (1) "Dispute resolution" means the mediation process or alternative dispute resolution process in accordance with Tennessee Supreme Court Rule 31 unless the parties agree otherwise. For the purposes of this part, such process may include: mediation, the neutral party to be chosen by the parties or the court; arbitration, the neutral party to be chosen by the parties or the court; or a mandatory settlement conference presided over by the court or a special master; (2) "Parenting responsibilities" means those aspects of the parent-child relationship in which the parent makes decisions and performs duties necessary for the care and growth of the child. "Parenting responsibilities," the establishment of which is the objective of a permanent parenting plan, include: (A) Providing for the child's emotional care and stability, including maintaining a loving, stable, consistent, and nurturing relationship with the child and supervising the child to encourage and protect emotional, intellectual, moral, and spiritual development; (B) Providing for the child's physical care, including attending to the daily needs of the child, such as feeding, clothing, physical care, and grooming, supervision, health care, and day care, and engaging in other activities that are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family; (C) Providing encouragement and protection of the child's intellectual and moral development, including attending to adequate education for the child, including remedial or other education essential to the best interests of the child; (D) Assisting the child in developing and maintaining appropriate interpersonal relationships; (E) Exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances; and (F) Providing any financial security and support of the child in addition to child support obligations; (3) "Permanent parenting plan" means a written plan for the parenting and best interests of the child, including the allocation of parenting responsibilities and the establishment of a residential schedule, as well as an award of child support consistent with chapter 5 of this title; (4) "Primary residential parent" means the parent with whom the child resides more than fifty percent (50%) of the time; (5) "Residential schedule" is the schedule of when the child is in each parent's physical care, and the residential schedule must designate a primary residential parent when the child is scheduled to reside with one (1) parent more than fifty percent (50%) of the time; in addition, the residential schedule must designate in which parent's home each minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions, consistent with the criteria of this part; provided, that nothing contained herein modifies any provision of § 36-6-108 ; and (6) "Temporary parenting plan" means a plan for the temporary parenting and the best interests of the child, including the establishment of a temporary residential schedule, and the establishment of temporary financial support designed to maintain the financial status quo to the extent possible, consistent with chapter 5 of this title, and the guidelines thereunder. Amended by 2019 Tenn. Acts, ch. 83,s 1, eff. 7/1/2019. Acts 1997, ch. 557, § 1; 2000, ch. 889, § 1.
As used in this part, unless the context requires otherwise:
(1) "Dispute resolution" means the mediation process or alternative dispute resolution process in accordance with Tennessee Supreme Court Rule 31 unless the parties agree otherwise. For the purposes of this part, such process may include: mediation, the neutral party to be chosen by the parties or the court; arbitration, the neutral party to be chosen by the parties or the court; or a mandatory settlement conference presided over by the court or a special master;
(2) "Parenting responsibilities" means those aspects of the parent-child relationship in which the parent makes decisions and performs duties necessary for the care and growth of the child. "Parenting responsibilities," the establishment of which is the objective of a permanent parenting plan, include: (A) Providing for the child's emotional care and stability, including maintaining a loving, stable, consistent, and nurturing relationship with the child and supervising the child to encourage and protect emotional, intellectual, moral, and spiritual development; (B) Providing for the child's physical care, including attending to the daily needs of the child, such as feeding, clothing, physical care, and grooming, supervision, health care, and day care, and engaging in other activities that are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family; (C) Providing encouragement and protection of the child's intellectual and moral development, including attending to adequate education for the child, including remedial or other education essential to the best interests of the child; (D) Assisting the child in developing and maintaining appropriate interpersonal relationships; (E) Exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances; and (F) Providing any financial security and support of the child in addition to child support obligations;
(A) Providing for the child's emotional care and stability, including maintaining a loving, stable, consistent, and nurturing relationship with the child and supervising the child to encourage and protect emotional, intellectual, moral, and spiritual development;
(B) Providing for the child's physical care, including attending to the daily needs of the child, such as feeding, clothing, physical care, and grooming, supervision, health care, and day care, and engaging in other activities that are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;
(C) Providing encouragement and protection of the child's intellectual and moral development, including attending to adequate education for the child, including remedial or other education essential to the best interests of the child;
(D) Assisting the child in developing and maintaining appropriate interpersonal relationships;
(E) Exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances; and
(F) Providing any financial security and support of the child in addition to child support obligations;
(3) "Permanent parenting plan" means a written plan for the parenting and best interests of the child, including the allocation of parenting responsibilities and the establishment of a residential schedule, as well as an award of child support consistent with chapter 5 of this title;
(4) "Primary residential parent" means the parent with whom the child resides more than fifty percent (50%) of the time;
(5) "Residential schedule" is the schedule of when the child is in each parent's physical care, and the residential schedule must designate a primary residential parent when the child is scheduled to reside with one (1) parent more than fifty percent (50%) of the time; in addition, the residential schedule must designate in which parent's home each minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions, consistent with the criteria of this part; provided, that nothing contained herein modifies any provision of § 36-6-108 ; and
(6) "Temporary parenting plan" means a plan for the temporary parenting and the best interests of the child, including the establishment of a temporary residential schedule, and the establishment of temporary financial support designed to maintain the financial status quo to the extent possible, consistent with chapter 5 of this title, and the guidelines thereunder.
Amended by 2019 Tenn. Acts, ch. 83,s 1, eff. 7/1/2019.
Acts 1997, ch. 557, § 1; 2000, ch. 889, § 1.
Tenn. Code Ann. § 36-5-2709 — TN Code / Title 36 / Chapter 5 / Section 36-5-2709
Partial enforcement
Status: in_force

If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order. Acts 2010, ch. 901, § 1.
If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-708 — TN Code / Title 36 / Chapter 5 / Section 36-5-708
Rules authorized to enforce part
Status: in_force

The department shall have authority to adopt any necessary rules to implement and enforce the requirements of this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1996, ch. 892, § 9.
The department shall have authority to adopt any necessary rules to implement and enforce the requirements of this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1996, ch. 892, § 9.
Tenn. Code Ann. § 36-6-235 — TN Code / Title 36 / Chapter 6 / Section 36-6-235
Warrant for physical custody - Conditional placement
Status: in_force

(a) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state. (b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by § 36-6-232(b) . (c) A warrant to take physical custody of a child must: (1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based; (2) Direct law enforcement officers to take physical custody of the child immediately; and (3) Provide for the placement of the child pending final relief. (d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody. (e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour. (f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian. Acts 1999, ch. 389, § 36.
(a) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.
(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by § 36-6-232(b) .
(c) A warrant to take physical custody of a child must: (1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based; (2) Direct law enforcement officers to take physical custody of the child immediately; and (3) Provide for the placement of the child pending final relief.
(1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(2) Direct law enforcement officers to take physical custody of the child immediately; and
(3) Provide for the placement of the child pending final relief.
(d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
Acts 1999, ch. 389, § 36.
Tenn. Code Ann. § 36-5-1003 — TN Code / Title 36 / Chapter 5 / Section 36-5-1003
Judicial review of administrative actions
Status: in_force

(a) Notwithstanding any other law to the contrary, the judicial review of the administrative hearing decisions of the department of human services pursuant to this part shall be conducted by the court having jurisdiction of the support order as otherwise provided by § 4-5-322 . (b) If any administrative action of the department pursuant to this part is not based upon an existing order of support or paternity, the party seeking judicial review shall file the petition for review of the department's actions in the chancery court of the county of the person's residence, or the county where an entity was served with an administrative subpoena or was notified of a request for information. If the department is enforcing any order of a Title IV-D agency of any other state and there has been no assumption of jurisdiction of the support order by a Tennessee court, the petition for judicial review shall be filed in the county of the residence of the person in Tennessee against whom the request, administrative order or administrative subpoena is issued or the county where an entity was served with an administrative order, administrative subpoena or was notified of a request for information. No judicial review may result in the forgiveness of any support arrearages. (c) The judicial review shall be limited to the review of the record of the department's hearing as otherwise provided in § 4-5-322 . Acts 1997, ch. 551, § 16.
(a) Notwithstanding any other law to the contrary, the judicial review of the administrative hearing decisions of the department of human services pursuant to this part shall be conducted by the court having jurisdiction of the support order as otherwise provided by § 4-5-322 .
(b) If any administrative action of the department pursuant to this part is not based upon an existing order of support or paternity, the party seeking judicial review shall file the petition for review of the department's actions in the chancery court of the county of the person's residence, or the county where an entity was served with an administrative subpoena or was notified of a request for information. If the department is enforcing any order of a Title IV-D agency of any other state and there has been no assumption of jurisdiction of the support order by a Tennessee court, the petition for judicial review shall be filed in the county of the residence of the person in Tennessee against whom the request, administrative order or administrative subpoena is issued or the county where an entity was served with an administrative order, administrative subpoena or was notified of a request for information. No judicial review may result in the forgiveness of any support arrearages.
(c) The judicial review shall be limited to the review of the record of the department's hearing as otherwise provided in § 4-5-322 .
Acts 1997, ch. 551, § 16.
Tenn. Code Ann. § 36-5-2710 — TN Code / Title 36 / Chapter 5 / Section 36-5-2710
Foreign support agreement
Status: in_force

(a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state. (b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by: (1) A complete text of the foreign support agreement; and (2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country. (c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy. (d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds: (1) Recognition and enforcement of the agreement is manifestly incompatible with public policy; (2) The agreement was obtained by fraud or falsification; (3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under parts 20-29 of this chapter in this state; or (4) The record submitted under subsection (b) lacks authenticity or integrity. (e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country. Acts 2010, ch. 901, § 1.
(a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by: (1) A complete text of the foreign support agreement; and (2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(1) A complete text of the foreign support agreement; and
(2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds: (1) Recognition and enforcement of the agreement is manifestly incompatible with public policy; (2) The agreement was obtained by fraud or falsification; (3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under parts 20-29 of this chapter in this state; or (4) The record submitted under subsection (b) lacks authenticity or integrity.
(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2) The agreement was obtained by fraud or falsification;
(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under parts 20-29 of this chapter in this state; or
(4) The record submitted under subsection (b) lacks authenticity or integrity.
(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-6-201 — TN Code / Title 36 / Chapter 6 / Section 36-6-201
Short title
Status: in_force

This part may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act." Acts 1999, ch. 389, § 2.
This part may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act."
Acts 1999, ch. 389, § 2.
Tenn. Code Ann. § 36-2-308 — TN Code / Title 36 / Chapter 2 / Section 36-2-308
Conduct of trial - Expedited hearings
Status: in_force

(a) The trial shall be without a jury. (b) Hearings under this section shall be expedited on the court's civil docket. (c) Upon proper motion, default judgment shall be entered against the defendant upon showing of service of process on the defendant where the defendant has failed to answer or make an appearance within thirty (30) days of service of process. (d) Bills for the mother's care during pregnancy and childbirth and genetic testing shall be admissible without requiring third party foundation testimony and shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child. Acts 1997, ch. 477, § 1.
(a) The trial shall be without a jury.
(b) Hearings under this section shall be expedited on the court's civil docket.
(c) Upon proper motion, default judgment shall be entered against the defendant upon showing of service of process on the defendant where the defendant has failed to answer or make an appearance within thirty (30) days of service of process.
(d) Bills for the mother's care during pregnancy and childbirth and genetic testing shall be admissible without requiring third party foundation testimony and shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child.
Acts 1997, ch. 477, § 1.
Tenn. Code Ann. § 36-2-401 — TN Code / Title 36 / Chapter 2 / Section 36-2-401
Single means of establishing parentage - Legislative intent
Status: in_force

This chapter provides a single means to establish parentage of children born of donated embryo transfer to recipient intended parent. It is intended to promote the interests of children who may be born as a result of donated embryo transfer. It is the intent that no adoption pursuant to chapter 1 of this title or no parentage pursuant to chapter 3 of this title shall be required to create parentage in recipient intended parent pursuant to this part. Added by 2013 Tenn. Acts, ch. 309,s 1, eff. 7/1/2013.
This chapter provides a single means to establish parentage of children born of donated embryo transfer to recipient intended parent. It is intended to promote the interests of children who may be born as a result of donated embryo transfer. It is the intent that no adoption pursuant to chapter 1 of this title or no parentage pursuant to chapter 3 of this title shall be required to create parentage in recipient intended parent pursuant to this part.
Added by 2013 Tenn. Acts, ch. 309,s 1, eff. 7/1/2013.
Tenn. Code Ann. § 36-5-1006 — TN Code / Title 36 / Chapter 5 / Section 36-5-1006
Rules and regulations
Status: in_force

The department shall have authority to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this part. Acts 1997, ch. 551, § 16.
The department shall have authority to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this part.
Acts 1997, ch. 551, § 16.
Tenn. Code Ann. § 36-5-3002 — TN Code / Title 36 / Chapter 5 / Section 36-5-3002
Part definitions
Status: in_force

As used in this part, unless the context clearly requires otherwise: (1) "Child's county" means the county in which the child who is subject to a support or custody order resides; (2) "Clerk" means the clerk of the transferor or transferee court, or the clerk of any court who has been designated by either of those courts to collect support payments for such court; (3) "Court" means, except as provided in § 36-5-3001(b) , a juvenile, circuit, or chancery court or other court of this state with jurisdiction to enter support or custody orders; (4) "Department" means the department of human services or its contractor or designee; (5) "Filing" means the initiation of judicial action by the completion of a motion or petition seeking to order the alteration of a legal status through the act of sending or bringing the motion or petition to the office of the clerk of the court; (6) "Issuing county" means the county in which a court issues a support or custody order or that renders a judgment determining parentage or to which a support or custody order has been previously transferred; (7) "Issuing court" means the court that issues a support or custody order or renders a judgment determining parentage or to which a support or custody order has been previously transferred; (8) "Obligor's county" means the county in which the obligor or non-custodial parent resides; (9) "Request" means a statement of a requesting party seeking transfer of a custody or child support case to the court of another county; (10) "Requesting party" means custodial parent, noncustodial parent or, in Title IV-D child support cases, the department or its contractor; (11) "Service of process" means the act of bringing or sending notice of the filing of a motion or petition to the attention of the opposing party by delivery of a copy of the motion or pleading to the opposing party; (12) "Transfer" means the process by which the transferor court, upon request, moves the case to a court where the child resides thereby conferring jurisdiction on the transferee court; (13) "Transferee court" means the court that assumes jurisdiction upon a transfer of a case; and (14) "Transferor court" means the court from which a case is transferred to another court. Acts 1997, ch. 551, § 5; 2000, ch. 922, § 30.
As used in this part, unless the context clearly requires otherwise:
(1) "Child's county" means the county in which the child who is subject to a support or custody order resides;
(2) "Clerk" means the clerk of the transferor or transferee court, or the clerk of any court who has been designated by either of those courts to collect support payments for such court;
(3) "Court" means, except as provided in § 36-5-3001(b) , a juvenile, circuit, or chancery court or other court of this state with jurisdiction to enter support or custody orders;
(4) "Department" means the department of human services or its contractor or designee;
(5) "Filing" means the initiation of judicial action by the completion of a motion or petition seeking to order the alteration of a legal status through the act of sending or bringing the motion or petition to the office of the clerk of the court;
(6) "Issuing county" means the county in which a court issues a support or custody order or that renders a judgment determining parentage or to which a support or custody order has been previously transferred;
(7) "Issuing court" means the court that issues a support or custody order or renders a judgment determining parentage or to which a support or custody order has been previously transferred;
(8) "Obligor's county" means the county in which the obligor or non-custodial parent resides;
(9) "Request" means a statement of a requesting party seeking transfer of a custody or child support case to the court of another county;
(10) "Requesting party" means custodial parent, noncustodial parent or, in Title IV-D child support cases, the department or its contractor;
(11) "Service of process" means the act of bringing or sending notice of the filing of a motion or petition to the attention of the opposing party by delivery of a copy of the motion or pleading to the opposing party;
(12) "Transfer" means the process by which the transferor court, upon request, moves the case to a court where the child resides thereby conferring jurisdiction on the transferee court;
(13) "Transferee court" means the court that assumes jurisdiction upon a transfer of a case; and
(14) "Transferor court" means the court from which a case is transferred to another court.
Acts 1997, ch. 551, § 5; 2000, ch. 922, § 30.
Tenn. Code Ann. § 36-3-108 — TN Code / Title 36 / Chapter 3 / Section 36-3-108
Forced marriage prohibited - Civil action
Status: in_force

(a) Marriage, at any age, that is entered into without valid, freely-given consent from both parties is contrary to the public policy of this state and shall be void and unenforceable in this state. (b) A person who is forced, whether by violence, threats, or coercion, to marry another shall have a cause of action against any party who forced the person to marry. A claim under this section shall not be based on parental or familial guidance motivated by the person's best interest, which is expressed in a reasonable manner. (c) Damages for a claim under this section shall include: (1) Liquidated damages of two hundred fifty thousand dollars ($250,000); (2) Reasonable attorneys' fees; and (3) Court costs. (d) Upon a finding of forced marriage, the court shall order the marriage in question void. (e) Notwithstanding § 28-3-104 , an action under this section must be commenced within ten (10) years after the cause of action accrues by solemnization of marriage. Acts 2018, ch. 1049, § 8.
(a) Marriage, at any age, that is entered into without valid, freely-given consent from both parties is contrary to the public policy of this state and shall be void and unenforceable in this state.
(b) A person who is forced, whether by violence, threats, or coercion, to marry another shall have a cause of action against any party who forced the person to marry. A claim under this section shall not be based on parental or familial guidance motivated by the person's best interest, which is expressed in a reasonable manner.
(c) Damages for a claim under this section shall include: (1) Liquidated damages of two hundred fifty thousand dollars ($250,000); (2) Reasonable attorneys' fees; and (3) Court costs.
(1) Liquidated damages of two hundred fifty thousand dollars ($250,000);
(2) Reasonable attorneys' fees; and
(3) Court costs.
(d) Upon a finding of forced marriage, the court shall order the marriage in question void.
(e) Notwithstanding § 28-3-104 , an action under this section must be commenced within ten (10) years after the cause of action accrues by solemnization of marriage.
Acts 2018, ch. 1049, § 8.
Tenn. Code Ann. § 36-6-240 — TN Code / Title 36 / Chapter 6 / Section 36-6-240
Law enforcement officer powers
Status: in_force

At the request of a prosecutor or other appropriate public official acting under § 36-6-239 , a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public official with responsibilities under § 36-6-239 . Acts 1999, ch. 389, § 41.
At the request of a prosecutor or other appropriate public official acting under § 36-6-239 , a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public official with responsibilities under § 36-6-239 .
Acts 1999, ch. 389, § 41.
Tenn. Code Ann. § 36-5-2103 — TN Code / Title 36 / Chapter 5 / Section 36-5-2103
Remedies cumulative
Status: in_force

(a) Remedies provided by parts 20-29 of this chapter are cumulative and do not affect the availability of remedies under other law, or the recognition of a foreign support order on the basis of comity. (b) Parts 20-29 of this chapter do not: (1) Provide the exclusive method of establishing or enforcing a support order under the law of this state; or (2) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under parts 20-29 of this chapter. Acts 2010, ch. 901, § 1; 2011, ch. 55, § 1.
(a) Remedies provided by parts 20-29 of this chapter are cumulative and do not affect the availability of remedies under other law, or the recognition of a foreign support order on the basis of comity.
(b) Parts 20-29 of this chapter do not: (1) Provide the exclusive method of establishing or enforcing a support order under the law of this state; or (2) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under parts 20-29 of this chapter.
(1) Provide the exclusive method of establishing or enforcing a support order under the law of this state; or
(2) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under parts 20-29 of this chapter.
Acts 2010, ch. 901, § 1; 2011, ch. 55, § 1.
Tenn. Code Ann. § 36-7-306 — TN Code / Title 36 / Chapter 7 / Section 36-7-306
Grant of caretaking or decision-making authority to nonparent
Status: in_force

(a) On motion of a deploying parent and in accordance with law of this state other than this chapter, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child. (b) Unless a grant of caretaking authority to a nonparent under subsection (a) is agreed to by the other parent, the grant is limited to an amount of time not greater than: (1) The amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or (2) In the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child. (c) A court may grant part of a deploying parent's decision-making authority, if the deploying parent and the other parent are both unable to exercise that authority, to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
(a) On motion of a deploying parent and in accordance with law of this state other than this chapter, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child.
(b) Unless a grant of caretaking authority to a nonparent under subsection (a) is agreed to by the other parent, the grant is limited to an amount of time not greater than: (1) The amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or (2) In the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.
(1) The amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or
(2) In the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.
(c) A court may grant part of a deploying parent's decision-making authority, if the deploying parent and the other parent are both unable to exercise that authority, to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-6-102 — TN Code / Title 36 / Chapter 6 / Section 36-6-102
Custody, visitation and inheritance rights denied to person convicted of rape, or is convicted of or pleads guilty or no contest to a lesser included offense, where child conceived from crime - Exception - Child support obligation
Status: in_force

(a) (1) Except as provided in subsection (b), a person who has been convicted of aggravated rape pursuant to § 39-13-502 , rape pursuant to § 39-13-503 , rape of a child pursuant to § 39-13-522 , aggravated statutory rape pursuant to § 39-13-506 , or statutory rape by an authority figure pursuant to § 39-13-532 , from which crime a child was conceived shall not have custody or visitation rights, or the rights of inheritance with respect to that child. (2) A person who is originally charged with an offense listed in subdivision (a)(1), but is convicted of or pleads guilty or no contest to a lesser included offense, from which crime a child was conceived shall not have custody or visitation rights, or the rights of inheritance with respect to that child. (b) The other parent of the child may waive the protection afforded under subsection (a) regarding visitation and request that the court grant reasonable visitation rights with the child if paternity has been acknowledged. (c) Unless waived by the other parent and, if contributing toward support of the child, the department of human services, a court shall establish a child support obligation against the father of the child pursuant to chapter 5, part 1 of this title. Amended by 2021 Tenn. Acts, ch. 164, s 1, eff. 7/1/2021. Added by 2015 Tenn. Acts, ch. 167, s 1, eff. 7/1/2015.
(a) (1) Except as provided in subsection (b), a person who has been convicted of aggravated rape pursuant to § 39-13-502 , rape pursuant to § 39-13-503 , rape of a child pursuant to § 39-13-522 , aggravated statutory rape pursuant to § 39-13-506 , or statutory rape by an authority figure pursuant to § 39-13-532 , from which crime a child was conceived shall not have custody or visitation rights, or the rights of inheritance with respect to that child. (2) A person who is originally charged with an offense listed in subdivision (a)(1), but is convicted of or pleads guilty or no contest to a lesser included offense, from which crime a child was conceived shall not have custody or visitation rights, or the rights of inheritance with respect to that child.
(1) Except as provided in subsection (b), a person who has been convicted of aggravated rape pursuant to § 39-13-502 , rape pursuant to § 39-13-503 , rape of a child pursuant to § 39-13-522 , aggravated statutory rape pursuant to § 39-13-506 , or statutory rape by an authority figure pursuant to § 39-13-532 , from which crime a child was conceived shall not have custody or visitation rights, or the rights of inheritance with respect to that child.
(2) A person who is originally charged with an offense listed in subdivision (a)(1), but is convicted of or pleads guilty or no contest to a lesser included offense, from which crime a child was conceived shall not have custody or visitation rights, or the rights of inheritance with respect to that child.
(b) The other parent of the child may waive the protection afforded under subsection (a) regarding visitation and request that the court grant reasonable visitation rights with the child if paternity has been acknowledged.
(c) Unless waived by the other parent and, if contributing toward support of the child, the department of human services, a court shall establish a child support obligation against the father of the child pursuant to chapter 5, part 1 of this title.
Amended by 2021 Tenn. Acts, ch. 164, s 1, eff. 7/1/2021.
Added by 2015 Tenn. Acts, ch. 167, s 1, eff. 7/1/2015.
Tenn. Code Ann. § 36-6-222 — TN Code / Title 36 / Chapter 6 / Section 36-6-222
Declining jurisdiction - Inconvenient forum
Status: in_force

(a) A court of this state which has jurisdiction under this part to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court. (b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including: (1) The length of time the child has resided outside this state; (2) The distance between the court in this state and the court in the state that would assume jurisdiction; (3) The relative financial circumstances of the parties; (4) Any agreement of the parties as to which state should assume jurisdiction; (5) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child; (6) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; (7) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; and (8) The familiarity of the court of each state with the facts and issues in the pending litigation. (c) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper. (d) A court of this state may decline to exercise its jurisdiction under this part if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding. Acts 1999, ch. 389, § 23.
(a) A court of this state which has jurisdiction under this part to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.
(b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including: (1) The length of time the child has resided outside this state; (2) The distance between the court in this state and the court in the state that would assume jurisdiction; (3) The relative financial circumstances of the parties; (4) Any agreement of the parties as to which state should assume jurisdiction; (5) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child; (6) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; (7) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; and (8) The familiarity of the court of each state with the facts and issues in the pending litigation.
(1) The length of time the child has resided outside this state;
(2) The distance between the court in this state and the court in the state that would assume jurisdiction;
(3) The relative financial circumstances of the parties;
(4) Any agreement of the parties as to which state should assume jurisdiction;
(5) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(6) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence;
(7) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; and
(8) The familiarity of the court of each state with the facts and issues in the pending litigation.
(c) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
(d) A court of this state may decline to exercise its jurisdiction under this part if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
Acts 1999, ch. 389, § 23.
Tenn. Code Ann. § 36-3-701 — TN Code / Title 36 / Chapter 3 / Section 36-3-701
Tort action abolished
Status: in_force

The common law tort action of alienation of affections is hereby abolished. Acts 1989, ch. 517, § 1.
The common law tort action of alienation of affections is hereby abolished.
Acts 1989, ch. 517, § 1.
Tenn. Code Ann. § 36-6-243 — TN Code / Title 36 / Chapter 6 / Section 36-6-243
Actions commenced before June 14, 1999
Status: in_force

A motion or other request for relief made in a child-custody proceeding or to enforce a child-custody determination which was commenced before June 14, 1999, is governed by the law in effect at the time the motion or other request was made. Acts 1999, ch. 389, § 45.
A motion or other request for relief made in a child-custody proceeding or to enforce a child-custody determination which was commenced before June 14, 1999, is governed by the law in effect at the time the motion or other request was made.
Acts 1999, ch. 389, § 45.
Tenn. Code Ann. § 36-6-238 — TN Code / Title 36 / Chapter 6 / Section 36-6-238
Appeals
Status: in_force

An appeal may be taken from a final order in a proceeding under this part in accordance with the Tennessee Rules of Appellate Procedure and may be accelerated under Tennessee Rules of the Court of Appeals, Rule 13. Unless the court enters a temporary emergency order under § 36-6-219 , the enforcing court may not stay an order enforcing a child-custody determination pending appeal. Acts 1999, ch. 389, § 39.
An appeal may be taken from a final order in a proceeding under this part in accordance with the Tennessee Rules of Appellate Procedure and may be accelerated under Tennessee Rules of the Court of Appeals, Rule 13. Unless the court enters a temporary emergency order under § 36-6-219 , the enforcing court may not stay an order enforcing a child-custody determination pending appeal.
Acts 1999, ch. 389, § 39.
Tenn. Code Ann. § 36-2-301 — TN Code / Title 36 / Chapter 2 / Section 36-2-301
Statement of purpose
Status: in_force

This chapter provides a single cause of action to establish parentage of children other than establishment by adoption pursuant to chapter 1 of this title, or by acknowledgement of parentage pursuant to § 68-3-203(g) , § 68-3-302 or § 68-3-305(b) . Acts 1997 , ch. 477, § 1.
This chapter provides a single cause of action to establish parentage of children other than establishment by adoption pursuant to chapter 1 of this title, or by acknowledgement of parentage pursuant to § 68-3-203(g) , § 68-3-302 or § 68-3-305(b) .
Acts 1997 , ch. 477, § 1.
Tenn. Code Ann. § 36-5-1001 — TN Code / Title 36 / Chapter 5 / Section 36-5-1001
Appeals of administrative actions by the department of human services
Status: in_force

(a) An appeal that is permitted by state or federal law or regulations for actions of the department of human services relative to Title IV-D child support services involving the following actions of the department shall be processed as provided in subsections (b) and (c) and §§ 36-5-1002 - 36-5-1006: (1) A request for information or records, an administrative order or an administrative subpoena issued pursuant to part 8 of this chapter; (2) An income withholding order pursuant to part 5 of this chapter; (3) Notice of enrollment of a child for health care coverage upon a change of employers or as otherwise authorized pursuant to § 36-5-101(h)(2) , § 36-2-319 , § 36-5-501(a)(3) or § 37-1-151 ; (4) Review and adjustment of child support orders pursuant to § 36-5-103 ; (5) The enforcement by administrative orders of liens for child support pursuant to part 9 of this chapter; (6) Income tax refund intercepts pursuant to 45 CFR 303.72 ; (7) Credit information reports pursuant to § 36-5-106 ; (8) Distributions of support collections; (9) Review of administrative orders for payments of overdue support made pursuant to §§ 36-2-322 , 36-5-113 , and 37-1-151(e) and orders to engage in work activities pursuant to those sections; (10) Review of orders for administrative determination of continuing exclusive jurisdiction pursuant to § 36-5-816 ; (11) Review of civil penalties for failure to provide proper information for the distribution of child support payments pursuant to § 36-5-120 ; and (12) Review of income assignment orders for medical coverage entered pursuant to § 36-5-501(a)(3) . (b) Except as otherwise stated in subsections (c) and the following sections of this part, the hearings in subsection (a) shall be conducted pursuant to the provisions for contested case hearings as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. (c) The person seeking administrative review of the department's actions pursuant to subsection (a) shall file a written request with the department for an administrative hearing within fifteen (15) calendar days of the date of the notice of an administrative action pursuant to this part as defined by the department. Acts 1997 , ch. 551, § 16; 1998, ch. 1098, § 40; 2000, ch. 922, §§ 24, 25, 39; 2002, ch. 873, § 1.
(a) An appeal that is permitted by state or federal law or regulations for actions of the department of human services relative to Title IV-D child support services involving the following actions of the department shall be processed as provided in subsections (b) and (c) and §§ 36-5-1002 - 36-5-1006: (1) A request for information or records, an administrative order or an administrative subpoena issued pursuant to part 8 of this chapter; (2) An income withholding order pursuant to part 5 of this chapter; (3) Notice of enrollment of a child for health care coverage upon a change of employers or as otherwise authorized pursuant to § 36-5-101(h)(2) , § 36-2-319 , § 36-5-501(a)(3) or § 37-1-151 ; (4) Review and adjustment of child support orders pursuant to § 36-5-103 ; (5) The enforcement by administrative orders of liens for child support pursuant to part 9 of this chapter; (6) Income tax refund intercepts pursuant to 45 CFR 303.72 ; (7) Credit information reports pursuant to § 36-5-106 ; (8) Distributions of support collections; (9) Review of administrative orders for payments of overdue support made pursuant to §§ 36-2-322 , 36-5-113 , and 37-1-151(e) and orders to engage in work activities pursuant to those sections; (10) Review of orders for administrative determination of continuing exclusive jurisdiction pursuant to § 36-5-816 ; (11) Review of civil penalties for failure to provide proper information for the distribution of child support payments pursuant to § 36-5-120 ; and (12) Review of income assignment orders for medical coverage entered pursuant to § 36-5-501(a)(3) .
(1) A request for information or records, an administrative order or an administrative subpoena issued pursuant to part 8 of this chapter;
(2) An income withholding order pursuant to part 5 of this chapter;
(3) Notice of enrollment of a child for health care coverage upon a change of employers or as otherwise authorized pursuant to § 36-5-101(h)(2) , § 36-2-319 , § 36-5-501(a)(3) or § 37-1-151 ;
(4) Review and adjustment of child support orders pursuant to § 36-5-103 ;
(5) The enforcement by administrative orders of liens for child support pursuant to part 9 of this chapter;
(6) Income tax refund intercepts pursuant to 45 CFR 303.72 ;
(7) Credit information reports pursuant to § 36-5-106 ;
(8) Distributions of support collections;
(9) Review of administrative orders for payments of overdue support made pursuant to §§ 36-2-322 , 36-5-113 , and 37-1-151(e) and orders to engage in work activities pursuant to those sections;
(10) Review of orders for administrative determination of continuing exclusive jurisdiction pursuant to § 36-5-816 ;
(11) Review of civil penalties for failure to provide proper information for the distribution of child support payments pursuant to § 36-5-120 ; and
(12) Review of income assignment orders for medical coverage entered pursuant to § 36-5-501(a)(3) .
(b) Except as otherwise stated in subsections (c) and the following sections of this part, the hearings in subsection (a) shall be conducted pursuant to the provisions for contested case hearings as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(c) The person seeking administrative review of the department's actions pursuant to subsection (a) shall file a written request with the department for an administrative hearing within fifteen (15) calendar days of the date of the notice of an administrative action pursuant to this part as defined by the department.
Acts 1997 , ch. 551, § 16; 1998, ch. 1098, § 40; 2000, ch. 922, §§ 24, 25, 39; 2002, ch. 873, § 1.
Tenn. Code Ann. § 36-2-302 — TN Code / Title 36 / Chapter 2 / Section 36-2-302
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Child born out of wedlock" means a child born to parents who are not married to each other when the child was born; (2) "Court" means the juvenile court or any trial court with general jurisdiction; (3) "Father" means the biological father of a child born out of wedlock; (4) "Mother" means the biological mother of a child born out of wedlock; (5) "Parent" means the biological mother or biological father of a child, regardless of the marital status of the mother and father; and (6) "Father," "mother," and "parent" do not include a biological parent whose parental rights have been terminated for a child whose parentage is at issue. Acts 1997, ch. 477, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Child born out of wedlock" means a child born to parents who are not married to each other when the child was born;
(2) "Court" means the juvenile court or any trial court with general jurisdiction;
(3) "Father" means the biological father of a child born out of wedlock;
(4) "Mother" means the biological mother of a child born out of wedlock;
(5) "Parent" means the biological mother or biological father of a child, regardless of the marital status of the mother and father; and
(6) "Father," "mother," and "parent" do not include a biological parent whose parental rights have been terminated for a child whose parentage is at issue.
Acts 1997, ch. 477, § 1.
Tenn. Code Ann. § 36-5-2102 — TN Code / Title 36 / Chapter 5 / Section 36-5-2102
State tribunal and support enforcement agency
Status: in_force

(a) The chancery, circuit, juvenile, and any courts exercising domestic relations jurisdiction under any enactment of the general assembly, and the department of human services when, pursuant to a state or federal law, the department is acting in its capacity as the Title IV-D child support enforcement agency of the state to carry out administrative support establishment or support enforcement actions or when adjudicating administrative appeals involving the Title IV-D child support program, are the tribunals of this state. (b) The department of human services is the support enforcement agency of this state. Acts 2010, ch. 901, § 1.
(a) The chancery, circuit, juvenile, and any courts exercising domestic relations jurisdiction under any enactment of the general assembly, and the department of human services when, pursuant to a state or federal law, the department is acting in its capacity as the Title IV-D child support enforcement agency of the state to carry out administrative support establishment or support enforcement actions or when adjudicating administrative appeals involving the Title IV-D child support program, are the tribunals of this state.
(b) The department of human services is the support enforcement agency of this state.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-715 — TN Code / Title 36 / Chapter 5 / Section 36-5-715
Reinstatement of commercial license upon notice of compliance with support order - Notification procedure
Status: in_force

(a) Notwithstanding another law to the contrary, the department shall provide the department of safety with written or electronic data exchange confirmation that an obligor whose commercial driver license was suspended or revoked solely for noncompliance with an order of support is in reasonable compliance with an order of support if the obligor submits documentation, to the department's satisfaction, showing that: (1) The obligor is employed in a position requiring the operation of a commercial motor vehicle; (2) The employment endeavor can reasonably be expected to contribute to bringing the obligor into compliance with the support order in a timely manner; and (3) The amount of current child support, including arrears, is directed to be withheld from the obligor's income or other compensation received from the obligor's source of employment. (b) Upon receipt of the confirmation of reasonable compliance pursuant to subsection (a), the department of safety shall withdraw the suspension or revocation of the obligor's commercial driver license and reinstate the license in accordance with the requirements of § 36-5-707(b) . Added by 2024 Tenn. Acts, ch. 878,s 1, eff. 7/1/2024.
(a) Notwithstanding another law to the contrary, the department shall provide the department of safety with written or electronic data exchange confirmation that an obligor whose commercial driver license was suspended or revoked solely for noncompliance with an order of support is in reasonable compliance with an order of support if the obligor submits documentation, to the department's satisfaction, showing that: (1) The obligor is employed in a position requiring the operation of a commercial motor vehicle; (2) The employment endeavor can reasonably be expected to contribute to bringing the obligor into compliance with the support order in a timely manner; and (3) The amount of current child support, including arrears, is directed to be withheld from the obligor's income or other compensation received from the obligor's source of employment.
(1) The obligor is employed in a position requiring the operation of a commercial motor vehicle;
(2) The employment endeavor can reasonably be expected to contribute to bringing the obligor into compliance with the support order in a timely manner; and
(3) The amount of current child support, including arrears, is directed to be withheld from the obligor's income or other compensation received from the obligor's source of employment.
(b) Upon receipt of the confirmation of reasonable compliance pursuant to subsection (a), the department of safety shall withdraw the suspension or revocation of the obligor's commercial driver license and reinstate the license in accordance with the requirements of § 36-5-707(b) .
Added by 2024 Tenn. Acts, ch. 878,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 36-5-2309 — TN Code / Title 36 / Chapter 5 / Section 36-5-2309
Private counsel
Status: in_force

An individual may employ private counsel to represent the individual in proceedings authorized by parts 20-29 of this chapter. Acts 2010, ch. 901, § 1.
An individual may employ private counsel to represent the individual in proceedings authorized by parts 20-29 of this chapter.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-3-106 — TN Code / Title 36 / Chapter 3 / Section 36-3-106
Consent of parent, guardian, next of kin, agency or custodian - "Parent" defined
Status: in_force

(a) When either applicant is under eighteen (18) years of age, the parents, guardian, next of kin or party having custody of the applicant shall join in the application, under oath, stating that the applicant is seventeen (17) years of age or over and that the applicant has such person's consent to marry. (b) If the applicant is in the legal custody of any public or private agency or is in the legal custody of any person other than a parent, next of kin or guardian, then such person or the duly authorized representative of such agency shall join in the application with the parent, guardian or next of kin stating, under oath, that the applicant is seventeen (17) years of age but less than eighteen (18) years of age and that the applicant has such person's consent to marry. This subsection (b) does not apply to applicants who are in the legal custody of the department of mental health and substance abuse services or the department of intellectual and developmental disabilities. (c) The parents, guardian, next of kin, other person having custody of the applicant, or duly authorized representative of a public or private agency having legal custody of the applicant shall join in the application either by personal appearance before the county clerk or deputy county clerk, or by submitting a sworn and notarized affidavit. (d) The consent of the applicant's parents, guardian, next of kin, other person having custody of the applicant, or duly authorized representative of a public or private agency having legal custody of the applicant is not required if the applicant is emancipated at the time of the application. (e) Marriage shall remove the disabilities of minority. A minor emancipated by marriage shall be considered to have all the rights and responsibilities of an adult, except for specific constitutional or statutory age requirements, including voting, the use of alcoholic beverages, and other health and safety regulations relevant to the minor because of the minor's age. (f) A minor shall be advised of the rights and responsibilities of parties to a marriage and of emancipated minors. The minor shall be provided with a fact sheet on these rights and responsibilities to be developed by the administrative office of the courts. The fact sheet shall include referral information for legal aid agencies in this state and national hotlines for domestic violence and sexual assault. (g) As used in this section, "parent" or "parents" means a person or persons listed as a parent on the child's birth certificate or who have been adjudicated to be the legal parent of the child by a court of competent jurisdiction. Amended by 2019 Tenn. Acts, ch. 93,s 2, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 93,s 1, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 1049,s 4, eff. 5/21/2018. Acts 1937, ch. 81, § 3; C. Supp. 1950, § 8414.3; modified; Acts 1959, ch. 124, § 2; 1972, ch. 545, § 1; T.C.A. (orig. ed.), § 36-408; Acts 1987, ch. 131, § 1; 2000, ch. 947, § 6; 2010, ch. 1100, § 46; 2012, ch. 575, § 1.
(a) When either applicant is under eighteen (18) years of age, the parents, guardian, next of kin or party having custody of the applicant shall join in the application, under oath, stating that the applicant is seventeen (17) years of age or over and that the applicant has such person's consent to marry.
(b) If the applicant is in the legal custody of any public or private agency or is in the legal custody of any person other than a parent, next of kin or guardian, then such person or the duly authorized representative of such agency shall join in the application with the parent, guardian or next of kin stating, under oath, that the applicant is seventeen (17) years of age but less than eighteen (18) years of age and that the applicant has such person's consent to marry. This subsection (b) does not apply to applicants who are in the legal custody of the department of mental health and substance abuse services or the department of intellectual and developmental disabilities.
(c) The parents, guardian, next of kin, other person having custody of the applicant, or duly authorized representative of a public or private agency having legal custody of the applicant shall join in the application either by personal appearance before the county clerk or deputy county clerk, or by submitting a sworn and notarized affidavit.
(d) The consent of the applicant's parents, guardian, next of kin, other person having custody of the applicant, or duly authorized representative of a public or private agency having legal custody of the applicant is not required if the applicant is emancipated at the time of the application.
(e) Marriage shall remove the disabilities of minority. A minor emancipated by marriage shall be considered to have all the rights and responsibilities of an adult, except for specific constitutional or statutory age requirements, including voting, the use of alcoholic beverages, and other health and safety regulations relevant to the minor because of the minor's age.
(f) A minor shall be advised of the rights and responsibilities of parties to a marriage and of emancipated minors. The minor shall be provided with a fact sheet on these rights and responsibilities to be developed by the administrative office of the courts. The fact sheet shall include referral information for legal aid agencies in this state and national hotlines for domestic violence and sexual assault.
(g) As used in this section, "parent" or "parents" means a person or persons listed as a parent on the child's birth certificate or who have been adjudicated to be the legal parent of the child by a court of competent jurisdiction.
Amended by 2019 Tenn. Acts, ch. 93,s 2, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 93,s 1, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 1049,s 4, eff. 5/21/2018.
Acts 1937, ch. 81, § 3; C. Supp. 1950, § 8414.3; modified; Acts 1959, ch. 124, § 2; 1972, ch. 545, § 1; T.C.A. (orig. ed.), § 36-408; Acts 1987, ch. 131, § 1; 2000, ch. 947, § 6; 2010, ch. 1100, § 46; 2012, ch. 575, § 1.
Tenn. Code Ann. § 36-1-104 — TN Code / Title 36 / Chapter 1 / Section 36-1-104
Withholding of material information concerning the status of the parents or guardian of a child subject to surrender, termination of parental rights or adoption - Misdemeanor
Status: in_force

Any person who, upon request by any party to an adoption or the party's agent or attorney, a licensed child-placing agency or licensed clinical social worker, the department, or the court, knowingly and willfully withholds any information related to the child who is the subject of a surrender, a termination of parental rights, or an adoption proceeding, or who knowingly and willfully withholds any material information concerning the identity, status, or whereabouts of the child's legal parent or parents, putative father, or guardian or who knowingly and willfully gives false information concerning the child or the identity, status, or whereabouts of the child's legal parent, putative father, or guardian commits a Class A misdemeanor. Nothing in this section shall be construed to require a person or agency to disclose any confidential or privileged information protected by any state or federal law or regulation. Amended by 2019 Tenn. Acts, ch. 36,s 18, eff. 7/1/2019. Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 16.
Any person who, upon request by any party to an adoption or the party's agent or attorney, a licensed child-placing agency or licensed clinical social worker, the department, or the court, knowingly and willfully withholds any information related to the child who is the subject of a surrender, a termination of parental rights, or an adoption proceeding, or who knowingly and willfully withholds any material information concerning the identity, status, or whereabouts of the child's legal parent or parents, putative father, or guardian or who knowingly and willfully gives false information concerning the child or the identity, status, or whereabouts of the child's legal parent, putative father, or guardian commits a Class A misdemeanor. Nothing in this section shall be construed to require a person or agency to disclose any confidential or privileged information protected by any state or federal law or regulation.
Amended by 2019 Tenn. Acts, ch. 36,s 18, eff. 7/1/2019.
Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 16.
Tenn. Code Ann. § 36-5-3110 — TN Code / Title 36 / Chapter 5 / Section 36-5-3110
Disbursement of collections
Status: in_force

In cases not subject to the centralized collection and disbursement unit pursuant to § 36-5-116 , when the clerk of the court of the registering county collects the support that has been enforced by the court of the registering county pursuant to this part, the clerk shall send the support amount, less the statutory fee of the clerk, directly to the obligee, but the clerk shall not send the support amount to the issuing court from which the original order was issued and that was registered for enforcement pursuant to this part. Acts 1997, ch. 551, § 6; 2000, ch. 922, § 37.
In cases not subject to the centralized collection and disbursement unit pursuant to § 36-5-116 , when the clerk of the court of the registering county collects the support that has been enforced by the court of the registering county pursuant to this part, the clerk shall send the support amount, less the statutory fee of the clerk, directly to the obligee, but the clerk shall not send the support amount to the issuing court from which the original order was issued and that was registered for enforcement pursuant to this part.
Acts 1997, ch. 551, § 6; 2000, ch. 922, § 37.
Tenn. Code Ann. § 36-6-605 — TN Code / Title 36 / Chapter 6 / Section 36-6-605
Jurisdiction
Status: in_force

(a) A petition under this part may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under part 2 of this chapter. (b) A court of this state has temporary emergency jurisdiction under § 36-6-219 if the court finds a credible risk of abduction. Acts 2010, ch. 832, § 1.
(a) A petition under this part may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under part 2 of this chapter.
(b) A court of this state has temporary emergency jurisdiction under § 36-6-219 if the court finds a credible risk of abduction.
Acts 2010, ch. 832, § 1.
Tenn. Code Ann. § 36-4-133 — TN Code / Title 36 / Chapter 4 / Section 36-4-133
Compliance with notice of insurance termination provisions required
Status: in_force

On and after January 1, 2007, before entering an order or decree for a divorce or a legal separation under this title, the court shall determine that the appropriate spouse has complied with § 56-7-2366 , if applicable. If the court determines that the notification process has not been followed, then the court shall consider requiring the insured or covered individual to provide a health care insurance policy for the former spouse. Acts 2006, ch. 764, § 2.
On and after January 1, 2007, before entering an order or decree for a divorce or a legal separation under this title, the court shall determine that the appropriate spouse has complied with § 56-7-2366 , if applicable. If the court determines that the notification process has not been followed, then the court shall consider requiring the insured or covered individual to provide a health care insurance policy for the former spouse.
Acts 2006, ch. 764, § 2.
Tenn. Code Ann. § 36-6-228 — TN Code / Title 36 / Chapter 6 / Section 36-6-228
Temporary order of enforcement
Status: in_force

(a) A court of this state which does not have jurisdiction to modify a child-custody determination may issue a temporary order enforcing: (1) A visitation schedule made by a court of another state; or (2) The visitation provisions of a child-custody determination of another state that does not provide for a specific visitation schedule. (b) If a court of this state makes an order under subdivision (a)(2), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in this part. The order remains in effect until an order is obtained from the other court or the period expires. Acts 1999, ch. 389, § 29.
(a) A court of this state which does not have jurisdiction to modify a child-custody determination may issue a temporary order enforcing: (1) A visitation schedule made by a court of another state; or (2) The visitation provisions of a child-custody determination of another state that does not provide for a specific visitation schedule.
(1) A visitation schedule made by a court of another state; or
(2) The visitation provisions of a child-custody determination of another state that does not provide for a specific visitation schedule.
(b) If a court of this state makes an order under subdivision (a)(2), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in this part. The order remains in effect until an order is obtained from the other court or the period expires.
Acts 1999, ch. 389, § 29.
Tenn. Code Ann. § 36-5-2302 — TN Code / Title 36 / Chapter 5 / Section 36-5-2302
Proceeding by minor parent
Status: in_force

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. Acts 2010, ch. 901, § 1.
A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-2501 — TN Code / Title 36 / Chapter 5 / Section 36-5-2501
Employer's receipt of income-withholding order of another state
Status: in_force

An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person considered as the obligor's employer pursuant to part 5 of this chapter without first filing a petition or comparable pleading or registering the order with a tribunal of this state. Acts 2010, ch. 901, § 1.
An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person considered as the obligor's employer pursuant to part 5 of this chapter without first filing a petition or comparable pleading or registering the order with a tribunal of this state.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-7-101 — TN Code / Title 36 / Chapter 7 / Section 36-7-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Uniform Deployed Parents Custody and Visitation Act." Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
This chapter shall be known and may be cited as the "Uniform Deployed Parents Custody and Visitation Act."
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-4-107 — TN Code / Title 36 / Chapter 4 / Section 36-4-107
Verification of petition - Effect of noncompliance
Status: in_force

(a) The bill or petition, except those seeking a divorce from the bonds of matrimony on the grounds of irreconcilable differences, shall be verified by an affidavit, upon oath or affirmation, before a general sessions court judge, notary public or the judge or clerk of the court, or as provided in §§ 58-1-605 - 58-1-607, that the facts stated in the bill are true to the best of the complainant's knowledge and belief for the causes mentioned in the bill. The authority conferred in §§ 58-1-605 - 58-1-607 may be exercised beyond the continental limits of the United States. (b) If the issue of whether the affidavit contains the complainant's verification that the complaint is not made out of levity or in collusion with the defendant is not raised at trial, each party waives the right to contest such issue on appeal. (c) A divorce decree or order issued prior to March 22, 1996, in which the bill or petition for such divorce did not include the affidavit of verification required by this section shall remain valid and the parties shall remain divorced. Likewise, all other issues resolved in the divorce decree, order or agreement, such as distribution of marital property, alimony, child support and custody, shall remain valid and in full force and effect. Code 1858, § 2453 (deriv. Acts 1835-1836, ch. 26, § 4); Shan., §4206; mod. Code 1932, § 8431; Acts 1953, ch. 174, § 1; modified; impl. am. Acts 1957, ch. 320, § 2; 1977, ch. 107, § 3; T.C.A. (orig. ed.), § 36-806; Acts 1996, ch. 655, § 1; 1996, ch. 872, § 1.
(a) The bill or petition, except those seeking a divorce from the bonds of matrimony on the grounds of irreconcilable differences, shall be verified by an affidavit, upon oath or affirmation, before a general sessions court judge, notary public or the judge or clerk of the court, or as provided in §§ 58-1-605 - 58-1-607, that the facts stated in the bill are true to the best of the complainant's knowledge and belief for the causes mentioned in the bill. The authority conferred in §§ 58-1-605 - 58-1-607 may be exercised beyond the continental limits of the United States.
(b) If the issue of whether the affidavit contains the complainant's verification that the complaint is not made out of levity or in collusion with the defendant is not raised at trial, each party waives the right to contest such issue on appeal.
(c) A divorce decree or order issued prior to March 22, 1996, in which the bill or petition for such divorce did not include the affidavit of verification required by this section shall remain valid and the parties shall remain divorced. Likewise, all other issues resolved in the divorce decree, order or agreement, such as distribution of marital property, alimony, child support and custody, shall remain valid and in full force and effect.
Code 1858, § 2453 (deriv. Acts 1835-1836, ch. 26, § 4); Shan., §4206; mod. Code 1932, § 8431; Acts 1953, ch. 174, § 1; modified; impl. am. Acts 1957, ch. 320, § 2; 1977, ch. 107, § 3; T.C.A. (orig. ed.), § 36-806; Acts 1996, ch. 655, § 1; 1996, ch. 872, § 1.
Tenn. Code Ann. § 36-5-2211 — TN Code / Title 36 / Chapter 5 / Section 36-5-2211
Continuing, exclusive jurisdiction to modify spousal support order
Status: in_force

(a) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. (b) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country. (c) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as: (1) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or (2) A responding tribunal to enforce or modify its own spousal support order. Acts 2010, ch. 901, § 1.
(a) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.
(b) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
(c) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as: (1) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or (2) A responding tribunal to enforce or modify its own spousal support order.
(1) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or
(2) A responding tribunal to enforce or modify its own spousal support order.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-4-132 — TN Code / Title 36 / Chapter 4 / Section 36-4-132
Appointment of guardian ad litem
Status: in_force

(a) In an action for dissolution of marriage involving minor children, upon its own motion or upon the motion of either party, the court may appoint a guardian ad litem for any minor child of the marriage. (b) The reasonable fees or costs of the guardian ad litem shall be borne by the parties and may be assessed by the court as it deems equitable. Such fees or costs may be waived upon motion for an indigent person. (c) Any guardian ad litem appointed by the court pursuant to this section shall be presumed to be acting in good faith and in so doing shall be immune from any liability that might otherwise be incurred while acting within the scope of such appointment. Such immunity shall apply in all proceedings in which such guardian ad litem may act. Acts 1998, ch. 1059, § 6; 2000, ch. 736, § 1.
(a) In an action for dissolution of marriage involving minor children, upon its own motion or upon the motion of either party, the court may appoint a guardian ad litem for any minor child of the marriage.
(b) The reasonable fees or costs of the guardian ad litem shall be borne by the parties and may be assessed by the court as it deems equitable. Such fees or costs may be waived upon motion for an indigent person.
(c) Any guardian ad litem appointed by the court pursuant to this section shall be presumed to be acting in good faith and in so doing shall be immune from any liability that might otherwise be incurred while acting within the scope of such appointment. Such immunity shall apply in all proceedings in which such guardian ad litem may act.
Acts 1998, ch. 1059, § 6; 2000, ch. 736, § 1.
Tenn. Code Ann. § 36-5-816 — TN Code / Title 36 / Chapter 5 / Section 36-5-816
Administrative orders to determine continuing exclusive jurisdiction
Status: in_force

(a) The department, when acting as the tribunal of the state pursuant to § 36-5-2102 and parts 20-29 of this chapter, in the administrative establishment or enforcement of support, shall have authority to issue an administrative order to determine which state would have continuing exclusive jurisdiction for modification of orders in any interstate cases pursuant to the Uniform Interstate Family Support Act, compiled in parts 20-29 of this chapter. (b) The determination made pursuant to subsection (a) may be appealed as provided pursuant to part 10 of this chapter. Acts 1998, ch. 1098, § 35.
(a) The department, when acting as the tribunal of the state pursuant to § 36-5-2102 and parts 20-29 of this chapter, in the administrative establishment or enforcement of support, shall have authority to issue an administrative order to determine which state would have continuing exclusive jurisdiction for modification of orders in any interstate cases pursuant to the Uniform Interstate Family Support Act, compiled in parts 20-29 of this chapter.
(b) The determination made pursuant to subsection (a) may be appealed as provided pursuant to part 10 of this chapter.
Acts 1998, ch. 1098, § 35.
Tenn. Code Ann. § 36-6-408 — TN Code / Title 36 / Chapter 6 / Section 36-6-408
Parent educational seminar
Status: in_force

(a) In an action where a permanent parenting plan is or will be entered, each parent shall attend a parent educational seminar as soon as possible after the filing of the complaint. The seminar may be divided into sessions, which in the aggregate must not be less than four (4) hours in duration, and the minor children must be excluded from attending the seminar. The seminar must be educational in nature and not designed for individual therapy. The seminar must educate parents concerning how to protect and enhance the child's emotional development and inform the parents regarding the legal process. The seminar must include: (1) At least one (1) thirty-minute video on adverse childhood experiences created: (A) By the department of children's services in conjunction with the Tennessee commission on children and youth; or (B) As part of the Building Strong Brains Tennessee public awareness campaign; and (2) A discussion of alternative dispute resolution, marriage counseling, the judicial process, and common perpetrator attitudes and conduct involving domestic violence. (b) The fees or costs of the educational sessions under this section, which shall be reasonable, shall be borne by the parties and may be assessed by the court as it deems equitable. Such fees may be waived for indigent persons. (c) No court shall deny the granting of a divorce from the bonds of matrimony for failure of a party or both parties to attend the educational session. (d) The requirement of attendance by parents at the parent educational seminar may be waived upon motion by either party and the agreement of the court upon the showing of good cause. Amended by 2020 Tenn. Acts, ch. 710, Secs.s1, s2 eff. 6/22/2020. Acts 1997 , ch. 557, § 1; T.C.A., § 36-6-405 ; Acts 2000, ch. 889, § 1.
(a) In an action where a permanent parenting plan is or will be entered, each parent shall attend a parent educational seminar as soon as possible after the filing of the complaint. The seminar may be divided into sessions, which in the aggregate must not be less than four (4) hours in duration, and the minor children must be excluded from attending the seminar. The seminar must be educational in nature and not designed for individual therapy. The seminar must educate parents concerning how to protect and enhance the child's emotional development and inform the parents regarding the legal process. The seminar must include: (1) At least one (1) thirty-minute video on adverse childhood experiences created: (A) By the department of children's services in conjunction with the Tennessee commission on children and youth; or (B) As part of the Building Strong Brains Tennessee public awareness campaign; and (2) A discussion of alternative dispute resolution, marriage counseling, the judicial process, and common perpetrator attitudes and conduct involving domestic violence.
(1) At least one (1) thirty-minute video on adverse childhood experiences created: (A) By the department of children's services in conjunction with the Tennessee commission on children and youth; or (B) As part of the Building Strong Brains Tennessee public awareness campaign; and
(A) By the department of children's services in conjunction with the Tennessee commission on children and youth; or
(B) As part of the Building Strong Brains Tennessee public awareness campaign; and
(2) A discussion of alternative dispute resolution, marriage counseling, the judicial process, and common perpetrator attitudes and conduct involving domestic violence.
(b) The fees or costs of the educational sessions under this section, which shall be reasonable, shall be borne by the parties and may be assessed by the court as it deems equitable. Such fees may be waived for indigent persons.
(c) No court shall deny the granting of a divorce from the bonds of matrimony for failure of a party or both parties to attend the educational session.
(d) The requirement of attendance by parents at the parent educational seminar may be waived upon motion by either party and the agreement of the court upon the showing of good cause.
Amended by 2020 Tenn. Acts, ch. 710, Secs.s1, s2 eff. 6/22/2020.
Acts 1997 , ch. 557, § 1; T.C.A., § 36-6-405 ; Acts 2000, ch. 889, § 1.
Tenn. Code Ann. § 36-7-501 — TN Code / Title 36 / Chapter 7 / Section 36-7-501
Application and construction of uniform law
Status: in_force

In applying and construing this uniform law, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
In applying and construing this uniform law, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-5-404 — TN Code / Title 36 / Chapter 5 / Section 36-5-404
Powers and duties of clerk
Status: in_force

The office of the clerk of the court shall provide a sufficient supply of the forms provided for in § 36-5-406 . These forms shall be limited to use in causes filed under this part and they shall be made available to all who request assistance in filing a petition. The office of the clerk shall also assist a person who is not represented by counsel by filling in the name of the court on the petition and testimony or shall refer the person to the proper IV-D agency within the county. Acts 1985, ch. 477, § 13.
The office of the clerk of the court shall provide a sufficient supply of the forms provided for in § 36-5-406 . These forms shall be limited to use in causes filed under this part and they shall be made available to all who request assistance in filing a petition. The office of the clerk shall also assist a person who is not represented by counsel by filling in the name of the court on the petition and testimony or shall refer the person to the proper IV-D agency within the county.
Acts 1985, ch. 477, § 13.
Tenn. Code Ann. § 36-5-2308 — TN Code / Title 36 / Chapter 5 / Section 36-5-2308
Duty of attorney general and reporter
Status: in_force

(a) If the attorney general and reporter determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general and reporter may order the agency to perform its duties under parts 20-29 of this chapter or may provide those services directly to the individual. (b) The attorney general and reporter may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination. Acts 2010, ch. 901, § 1.
(a) If the attorney general and reporter determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general and reporter may order the agency to perform its duties under parts 20-29 of this chapter or may provide those services directly to the individual.
(b) The attorney general and reporter may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-6-505 — TN Code / Title 36 / Chapter 6 / Section 36-6-505
Requesting hearing for noncompliance
Status: in_force

(a) If a parent timely requests a hearing to contest the issue of compliance, the court shall stay the action and may not certify the name of such parent to any licensing authority for noncompliance with an order of visitation until the court issues a written decision after a hearing that finds such parent is not in compliance with an order of visitation; provided, that after a decision by the court has been made in the form of a final order as provided in § 4-5-315 , there will be no further stay unless a reviewing court issues a stay, which stay shall be automatic upon the filing of a notice of appeal. (b) The court shall issue its decision after hearing without undue delay. The order must inform both parents that either party may file an appeal of the decision within thirty (30) days of the date of the decision. A certification concerning the status of a license shall be automatically stayed pending disposition of an appeal. (c) Upon a finding of noncompliance, the court may also allocate additional time with the child to the nonoffending parent. (d) Notwithstanding any law to the contrary, the court shall assess costs of an unsuccessful appeal of notice of noncompliance to the parent in non-compliance. Acts 2000, ch. 971, § 6.
(a) If a parent timely requests a hearing to contest the issue of compliance, the court shall stay the action and may not certify the name of such parent to any licensing authority for noncompliance with an order of visitation until the court issues a written decision after a hearing that finds such parent is not in compliance with an order of visitation; provided, that after a decision by the court has been made in the form of a final order as provided in § 4-5-315 , there will be no further stay unless a reviewing court issues a stay, which stay shall be automatic upon the filing of a notice of appeal.
(b) The court shall issue its decision after hearing without undue delay. The order must inform both parents that either party may file an appeal of the decision within thirty (30) days of the date of the decision. A certification concerning the status of a license shall be automatically stayed pending disposition of an appeal.
(c) Upon a finding of noncompliance, the court may also allocate additional time with the child to the nonoffending parent.
(d) Notwithstanding any law to the contrary, the court shall assess costs of an unsuccessful appeal of notice of noncompliance to the parent in non-compliance.
Acts 2000, ch. 971, § 6.
Tenn. Code Ann. § 36-3-113 — TN Code / Title 36 / Chapter 3 / Section 36-3-113
[See Compiler's Note.] Marriage between one man and one woman only legally recognized marital contract
Status: in_force

(a) Tennessee's marriage licensing laws reinforce, carry forward, and make explicit the long-standing public policy of this state to recognize the family as essential to social and economic order and the common good and as the fundamental building block of our society. To that end, it is further the public policy of this state that the historical institution and legal contract solemnizing the relationship of one (1) man and one (1) woman shall be the only legally recognized marital contract in this state in order to provide the unique and exclusive rights and privileges to marriage. (b) The legal union in matrimony of only one (1) man and one (1) woman shall be the only recognized marriage in this state. (c) Any policy, law or judicial interpretation that purports to define marriage as anything other than the historical institution and legal contract between one (1) man and one (1) woman is contrary to the public policy of Tennessee. (d) If another state or foreign jurisdiction issues a license for persons to marry, which marriages are prohibited in this state, any such marriage shall be void and unenforceable in this state. Acts 1996, ch. 1031, § 1.
(a) Tennessee's marriage licensing laws reinforce, carry forward, and make explicit the long-standing public policy of this state to recognize the family as essential to social and economic order and the common good and as the fundamental building block of our society. To that end, it is further the public policy of this state that the historical institution and legal contract solemnizing the relationship of one (1) man and one (1) woman shall be the only legally recognized marital contract in this state in order to provide the unique and exclusive rights and privileges to marriage.
(b) The legal union in matrimony of only one (1) man and one (1) woman shall be the only recognized marriage in this state.
(c) Any policy, law or judicial interpretation that purports to define marriage as anything other than the historical institution and legal contract between one (1) man and one (1) woman is contrary to the public policy of Tennessee.
(d) If another state or foreign jurisdiction issues a license for persons to marry, which marriages are prohibited in this state, any such marriage shall be void and unenforceable in this state.
Acts 1996, ch. 1031, § 1.
Tenn. Code Ann. § 36-5-2609 — TN Code / Title 36 / Chapter 5 / Section 36-5-2609
Procedure to register child support order of another state for modification
Status: in_force

A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in §§ 36-5-2601 - 36-5-2608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. Acts 2010, ch. 901, § 1.
A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in §§ 36-5-2601 - 36-5-2608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-6-610 — TN Code / Title 36 / Chapter 6 / Section 36-6-610
Duration of abduction prevention order
Status: in_force

An abduction prevention order remains in effect until the earliest of: (1) The time stated in the order; (2) The emancipation of the child; (3) The child's attaining eighteen (18) years of age; or (4) The time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under §§ 36-6-216 - 36-6-218 and other applicable law of this state. Acts 2010, ch. 832, § 1.
An abduction prevention order remains in effect until the earliest of:
(1) The time stated in the order;
(2) The emancipation of the child;
(3) The child's attaining eighteen (18) years of age; or
(4) The time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under §§ 36-6-216 - 36-6-218 and other applicable law of this state.
Acts 2010, ch. 832, § 1.
Tenn. Code Ann. § 36-5-104 — TN Code / Title 36 / Chapter 5 / Section 36-5-104
Failure to comply with child support order - Criminal sanctions - Inference of obligor's ability to pay
Status: in_force

(a) Any person, ordered to provide support and maintenance for a minor child or children, who fails to comply with the order or decree, may, in the discretion of the court, be punished by imprisonment in the county workhouse or county jail for a period not to exceed six (6) months. (b) No arrest warrant shall issue for the violation of any court order of support if such violation occurred during a period of time in which the obligor was incarcerated in any penal institution and was otherwise unable to comply with the order. (c) In addition to the sanctions provided in subsection (a), if an individual fails to comply with the order or decree of support and maintenance for a minor child or children, then the court has the discretion to: (1) Require the obligor to remove litter from the state highway system, public playgrounds, public parks, or other appropriate locations for any prescribed period of time in lieu of or in addition to any of the penalties otherwise provided. An obligor sentenced to remove litter from the state highway system, public playgrounds, public parks, or other appropriate locations or to work in a recycling center must be allowed to do so at a time other than the obligor's regular hours of employment; and (2) Order the department of safety to issue the obligor a restricted driver license as the court deems appropriate. (d) In any proceeding to enforce child support, the court may apply an inference that the obligor had the ability to pay the ordered child support as set forth in § 36-5-101(a)(8) . Amended by 2023 Tenn. Acts, ch. 366, s 1, eff. 5/5/2023. Acts 1961, ch. 201, § 1; 1978, ch. 882, § 1; T.C.A., § 36-835; Acts 2003 , ch. 189, § 1; 2007 , ch. 502, § 2.
(a) Any person, ordered to provide support and maintenance for a minor child or children, who fails to comply with the order or decree, may, in the discretion of the court, be punished by imprisonment in the county workhouse or county jail for a period not to exceed six (6) months.
(b) No arrest warrant shall issue for the violation of any court order of support if such violation occurred during a period of time in which the obligor was incarcerated in any penal institution and was otherwise unable to comply with the order.
(c) In addition to the sanctions provided in subsection (a), if an individual fails to comply with the order or decree of support and maintenance for a minor child or children, then the court has the discretion to: (1) Require the obligor to remove litter from the state highway system, public playgrounds, public parks, or other appropriate locations for any prescribed period of time in lieu of or in addition to any of the penalties otherwise provided. An obligor sentenced to remove litter from the state highway system, public playgrounds, public parks, or other appropriate locations or to work in a recycling center must be allowed to do so at a time other than the obligor's regular hours of employment; and (2) Order the department of safety to issue the obligor a restricted driver license as the court deems appropriate.
(1) Require the obligor to remove litter from the state highway system, public playgrounds, public parks, or other appropriate locations for any prescribed period of time in lieu of or in addition to any of the penalties otherwise provided. An obligor sentenced to remove litter from the state highway system, public playgrounds, public parks, or other appropriate locations or to work in a recycling center must be allowed to do so at a time other than the obligor's regular hours of employment; and
(2) Order the department of safety to issue the obligor a restricted driver license as the court deems appropriate.
(d) In any proceeding to enforce child support, the court may apply an inference that the obligor had the ability to pay the ordered child support as set forth in § 36-5-101(a)(8) .
Amended by 2023 Tenn. Acts, ch. 366, s 1, eff. 5/5/2023.
Acts 1961, ch. 201, § 1; 1978, ch. 882, § 1; T.C.A., § 36-835; Acts 2003 , ch. 189, § 1; 2007 , ch. 502, § 2.
Tenn. Code Ann. § 36-5-2305 — TN Code / Title 36 / Chapter 5 / Section 36-5-2305
Duties and powers of responding tribunal
Status: in_force

(a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to § 36-5-2301(b) , it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. (b) A responding tribunal of this state, to the extent not prohibited by other law, may do one (1) or more of the following: (1) Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child; (2) Order an obligor to comply with a support order, specifying the amount and the manner of compliance; (3) Order income withholding; (4) Determine the amount of any arrearages, and specify a method of payment; (5) Enforce orders by civil or criminal contempt, or both; (6) Set aside property for satisfaction of the support order; (7) Place liens and order execution on the obligor's property; (8) Order an obligor to keep the tribunal informed of the obligor's current residential address, electronic-mail address, telephone number, employer, address of employment, and telephone number at the place of employment; (9) Issue an attachment pro corpus or capias for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the attachment pro corpus in any local and state computer systems for criminal warrants; (10) Order the obligor to seek appropriate employment by specified methods; (11) Award reasonable attorney's fees and other fees and costs; and (12) Grant any other available remedy. (c) A responding tribunal of this state shall include in a support order issued under parts 20-29 of this chapter or in the documents accompanying the order, the calculations on which the support order is based. (d) A responding tribunal of this state may not condition the payment of a support order issued under parts 20-29 of this chapter upon compliance by a party with provisions for visitation. (e) If a responding tribunal of this state issues an order under parts 20-29 of this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any. (f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported. Acts 2010, ch. 901, § 1.
(a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to § 36-5-2301(b) , it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.
(b) A responding tribunal of this state, to the extent not prohibited by other law, may do one (1) or more of the following: (1) Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child; (2) Order an obligor to comply with a support order, specifying the amount and the manner of compliance; (3) Order income withholding; (4) Determine the amount of any arrearages, and specify a method of payment; (5) Enforce orders by civil or criminal contempt, or both; (6) Set aside property for satisfaction of the support order; (7) Place liens and order execution on the obligor's property; (8) Order an obligor to keep the tribunal informed of the obligor's current residential address, electronic-mail address, telephone number, employer, address of employment, and telephone number at the place of employment; (9) Issue an attachment pro corpus or capias for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the attachment pro corpus in any local and state computer systems for criminal warrants; (10) Order the obligor to seek appropriate employment by specified methods; (11) Award reasonable attorney's fees and other fees and costs; and (12) Grant any other available remedy.
(1) Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child;
(2) Order an obligor to comply with a support order, specifying the amount and the manner of compliance;
(3) Order income withholding;
(4) Determine the amount of any arrearages, and specify a method of payment;
(5) Enforce orders by civil or criminal contempt, or both;
(6) Set aside property for satisfaction of the support order;
(7) Place liens and order execution on the obligor's property;
(8) Order an obligor to keep the tribunal informed of the obligor's current residential address, electronic-mail address, telephone number, employer, address of employment, and telephone number at the place of employment;
(9) Issue an attachment pro corpus or capias for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the attachment pro corpus in any local and state computer systems for criminal warrants;
(10) Order the obligor to seek appropriate employment by specified methods;
(11) Award reasonable attorney's fees and other fees and costs; and
(12) Grant any other available remedy.
(c) A responding tribunal of this state shall include in a support order issued under parts 20-29 of this chapter or in the documents accompanying the order, the calculations on which the support order is based.
(d) A responding tribunal of this state may not condition the payment of a support order issued under parts 20-29 of this chapter upon compliance by a party with provisions for visitation.
(e) If a responding tribunal of this state issues an order under parts 20-29 of this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
(f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-6-230 — TN Code / Title 36 / Chapter 6 / Section 36-6-230
Enforcement and modification of registered decrees
Status: in_force

(a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child-custody determination made by a court of another state. (b) A court of this state shall recognize and enforce, but may not modify, except in accordance with this part, a registered child-custody determination of a court of another state. Acts 1999, ch. 389, § 31.
(a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child-custody determination made by a court of another state.
(b) A court of this state shall recognize and enforce, but may not modify, except in accordance with this part, a registered child-custody determination of a court of another state.
Acts 1999, ch. 389, § 31.
Tenn. Code Ann. § 36-4-135 — TN Code / Title 36 / Chapter 4 / Section 36-4-135
False allegations of sexual abuse in furtherance of litigation
Status: in_force

Whenever a trial court finds that any person knowingly made a false allegation of sexual abuse in furtherance of litigation, in addition to any other penalties provided for by law or rule, the court may hold the accuser in contempt of court and may order the accuser to pay all litigation expenses, including, but not limited to, the reasonable attorney's fees, discretionary costs and other costs incurred by the wrongly accused party in defending against the false allegation. Acts 2010, ch. 894, § 1.
Whenever a trial court finds that any person knowingly made a false allegation of sexual abuse in furtherance of litigation, in addition to any other penalties provided for by law or rule, the court may hold the accuser in contempt of court and may order the accuser to pay all litigation expenses, including, but not limited to, the reasonable attorney's fees, discretionary costs and other costs incurred by the wrongly accused party in defending against the false allegation.
Acts 2010, ch. 894, § 1.
Tenn. Code Ann. § 36-6-504 — TN Code / Title 36 / Chapter 6 / Section 36-6-504
Hearing to contest court's intention to issue finding of noncompliance - Consent order
Status: in_force

(a) If a parent requests a hearing pursuant to this part to contest the court's intention to issue a finding of noncompliance to a licensing authority, the court shall conduct the hearing only to determine: (1) Whether the licensee is a parent subject to an order of visitation; (2) Whether the licensee is not in compliance with an order of visitation; and (3) Whether good cause exists to impose the licensing sanctions provided for in this part. (b) The parties may enter into a consent order wherein the parent in violation agrees to henceforth comply with the order of visitation. Upon entry of such an order the proceedings for licensing sanctions shall be further stayed unless there is noncompliance with the consent order. In the event of noncompliance with the consent order, the stay shall cease and the court shall certify to each affected licensing authority that such parent is not in compliance with an order of visitation. Entry of such consent order shall constitute a waiver of such parent's right to any hearing on the issue of noncompliance with an order of visitation based upon the notice of noncompliance for which the consent order has been entered. (c) The cost of this action and reasonable attorney's fees shall be taxed to the parent who is not in compliance with an order of visitation. The cost of this action and reasonable attorney's fees shall be assessed against any parent who, in bad faith, petitions the court for imposition of sanctions pursuant to this part. Acts 2000, ch. 971, § 5.
(a) If a parent requests a hearing pursuant to this part to contest the court's intention to issue a finding of noncompliance to a licensing authority, the court shall conduct the hearing only to determine: (1) Whether the licensee is a parent subject to an order of visitation; (2) Whether the licensee is not in compliance with an order of visitation; and (3) Whether good cause exists to impose the licensing sanctions provided for in this part.
(1) Whether the licensee is a parent subject to an order of visitation;
(2) Whether the licensee is not in compliance with an order of visitation; and
(3) Whether good cause exists to impose the licensing sanctions provided for in this part.
(b) The parties may enter into a consent order wherein the parent in violation agrees to henceforth comply with the order of visitation. Upon entry of such an order the proceedings for licensing sanctions shall be further stayed unless there is noncompliance with the consent order. In the event of noncompliance with the consent order, the stay shall cease and the court shall certify to each affected licensing authority that such parent is not in compliance with an order of visitation. Entry of such consent order shall constitute a waiver of such parent's right to any hearing on the issue of noncompliance with an order of visitation based upon the notice of noncompliance for which the consent order has been entered.
(c) The cost of this action and reasonable attorney's fees shall be taxed to the parent who is not in compliance with an order of visitation. The cost of this action and reasonable attorney's fees shall be assessed against any parent who, in bad faith, petitions the court for imposition of sanctions pursuant to this part.
Acts 2000, ch. 971, § 5.
Tenn. Code Ann. § 36-6-401 — TN Code / Title 36 / Chapter 6 / Section 36-6-401
Findings
Status: in_force

(a) Parents have the responsibility to make decisions and perform other parental duties necessary for the care and growth of their minor children. In any proceeding between parents under this chapter, the best interests of the child shall be the standard by which the court determines and allocates the parties' parental responsibilities. The general assembly recognizes the detrimental effect of divorce on many children and that divorce, by its nature, means that neither parent will have the same access to the child as would have been possible had they been able to maintain an intact family. The general assembly finds the need for stability and consistency in children's lives. The general assembly also has an interest in educating parents concerning the impact of divorce on children. The general assembly recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and the relationship between the child and each parent should be fostered unless inconsistent with the child's best interests. The best interests of the child are served by a parenting arrangement that best maintains a child's emotional growth, health and stability, and physical care. (b) The general assembly finds that mothers and fathers in families are the backbone of this state and this nation. They teach children right from wrong, respect for others, and the value of working hard to make a good life for themselves and for their future families. Most children do best when they receive the emotional and financial support of both parents. The general assembly finds that a different approach to dispute resolution in child custody and visitation matters is useful. Acts 1997, ch. 557, § 1; 1998, ch. 1098, §§ 71, 74; 2000, ch. 889, § 1.
(a) Parents have the responsibility to make decisions and perform other parental duties necessary for the care and growth of their minor children. In any proceeding between parents under this chapter, the best interests of the child shall be the standard by which the court determines and allocates the parties' parental responsibilities. The general assembly recognizes the detrimental effect of divorce on many children and that divorce, by its nature, means that neither parent will have the same access to the child as would have been possible had they been able to maintain an intact family. The general assembly finds the need for stability and consistency in children's lives. The general assembly also has an interest in educating parents concerning the impact of divorce on children. The general assembly recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and the relationship between the child and each parent should be fostered unless inconsistent with the child's best interests. The best interests of the child are served by a parenting arrangement that best maintains a child's emotional growth, health and stability, and physical care.
(b) The general assembly finds that mothers and fathers in families are the backbone of this state and this nation. They teach children right from wrong, respect for others, and the value of working hard to make a good life for themselves and for their future families. Most children do best when they receive the emotional and financial support of both parents. The general assembly finds that a different approach to dispute resolution in child custody and visitation matters is useful.
Acts 1997, ch. 557, § 1; 1998, ch. 1098, §§ 71, 74; 2000, ch. 889, § 1.
Tenn. Code Ann. § 36-6-114 — TN Code / Title 36 / Chapter 6 / Section 36-6-114
False allegations of sexual abuse in furtherance of litigation
Status: in_force

Whenever a trial court finds that any person knowingly made a false allegation of sexual abuse in furtherance of litigation, in addition to any other penalties provided for by law or rule, the court may hold the accuser in contempt of court and may order the accuser to pay all litigation expenses, including, but not limited to, reasonable attorney's fees, discretionary costs and other costs incurred by the wrongly accused party in defending against the false allegation. Acts 2010, ch. 894, § 3.
Whenever a trial court finds that any person knowingly made a false allegation of sexual abuse in furtherance of litigation, in addition to any other penalties provided for by law or rule, the court may hold the accuser in contempt of court and may order the accuser to pay all litigation expenses, including, but not limited to, reasonable attorney's fees, discretionary costs and other costs incurred by the wrongly accused party in defending against the false allegation.
Acts 2010, ch. 894, § 3.
Tenn. Code Ann. § 36-4-127 — TN Code / Title 36 / Chapter 4 / Section 36-4-127
Expunction of divorce records upon reconciliation of parties
Status: in_force

Parties to any divorce proceeding, who have reconciled and dismissed their cause of action, may thereafter file an agreed sworn petition signed by both parties and notarized, requesting expunction of their divorce records. Upon the filing of such petition, the judge shall issue an order directing the clerk to expunge all records pertaining to such divorce proceedings, once all court costs have been paid. The clerk shall receive a fee of fifty dollars ($50.00) for performing such clerk's duties under this section. Acts 1981, ch. 435, § 1; T.C.A., § 36-838.
Parties to any divorce proceeding, who have reconciled and dismissed their cause of action, may thereafter file an agreed sworn petition signed by both parties and notarized, requesting expunction of their divorce records. Upon the filing of such petition, the judge shall issue an order directing the clerk to expunge all records pertaining to such divorce proceedings, once all court costs have been paid. The clerk shall receive a fee of fifty dollars ($50.00) for performing such clerk's duties under this section.
Acts 1981, ch. 435, § 1; T.C.A., § 36-838.
Tenn. Code Ann. § 36-6-112 — TN Code / Title 36 / Chapter 6 / Section 36-6-112
Parent alleging abuse
Status: in_force

(a) This section shall be known and may be cited as the "Protective Parent Reform Act." (b) If a parent makes a good faith allegation based on a reasonable belief supported by facts that the child is the victim of child abuse, child neglect, or the effects of domestic violence, and if that parent acts lawfully and in good faith in response to that reasonable belief to protect the child or seek treatment for the child, then that parent shall not be deprived of custody, visitation, or contact with the child, or restricted in custody, visitation, or contact, based solely on that belief or the reasonable actions taken based on that belief. (c) (1) If an allegation that a child is abused is supported by a preponderance of the evidence, then the court shall consider such evidence of abuse in determining the visitation arrangement that is in the best interest of the child, and the court shall not place a child in the custody of a parent who presents a substantial risk of harm to that child. (2) A parent is presumed to present a substantial risk of harm to the child if the parent is under indictment for the offense of aggravated child abuse under § 39-15-402 , child sexual abuse under § 37-1-602 , or severe child sexual abuse under § 36-1-113(g)(11) . The parent shall remain a risk of harm during the pendency of the indictment; provided, however, that the court may grant the parent supervised visitation with the child. Amended by 2015 Tenn. Acts, ch. 238,s 1, eff. 7/1/2015. Acts 2004, ch. 781, § 1; 2006, ch. 694, § 1.
(a) This section shall be known and may be cited as the "Protective Parent Reform Act."
(b) If a parent makes a good faith allegation based on a reasonable belief supported by facts that the child is the victim of child abuse, child neglect, or the effects of domestic violence, and if that parent acts lawfully and in good faith in response to that reasonable belief to protect the child or seek treatment for the child, then that parent shall not be deprived of custody, visitation, or contact with the child, or restricted in custody, visitation, or contact, based solely on that belief or the reasonable actions taken based on that belief.
(c) (1) If an allegation that a child is abused is supported by a preponderance of the evidence, then the court shall consider such evidence of abuse in determining the visitation arrangement that is in the best interest of the child, and the court shall not place a child in the custody of a parent who presents a substantial risk of harm to that child. (2) A parent is presumed to present a substantial risk of harm to the child if the parent is under indictment for the offense of aggravated child abuse under § 39-15-402 , child sexual abuse under § 37-1-602 , or severe child sexual abuse under § 36-1-113(g)(11) . The parent shall remain a risk of harm during the pendency of the indictment; provided, however, that the court may grant the parent supervised visitation with the child.
(1) If an allegation that a child is abused is supported by a preponderance of the evidence, then the court shall consider such evidence of abuse in determining the visitation arrangement that is in the best interest of the child, and the court shall not place a child in the custody of a parent who presents a substantial risk of harm to that child.
(2) A parent is presumed to present a substantial risk of harm to the child if the parent is under indictment for the offense of aggravated child abuse under § 39-15-402 , child sexual abuse under § 37-1-602 , or severe child sexual abuse under § 36-1-113(g)(11) . The parent shall remain a risk of harm during the pendency of the indictment; provided, however, that the court may grant the parent supervised visitation with the child.
Amended by 2015 Tenn. Acts, ch. 238,s 1, eff. 7/1/2015.
Acts 2004, ch. 781, § 1; 2006, ch. 694, § 1.
Tenn. Code Ann. § 36-5-2901 — TN Code / Title 36 / Chapter 5 / Section 36-5-2901
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, codified in parts 20-29 of this chapter, 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 2010, ch. 901, § 1.
In applying and construing this uniform act, codified in parts 20-29 of this chapter, 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 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-2318 — TN Code / Title 36 / Chapter 5 / Section 36-5-2318
Assistance with discovery
Status: in_force

A tribunal of this state may: (1) Request a tribunal outside this state to assist in obtaining discovery; and (2) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state. Acts 2010, ch. 901, § 1.
A tribunal of this state may:
(1) Request a tribunal outside this state to assist in obtaining discovery; and
(2) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-6-113 — TN Code / Title 36 / Chapter 6 / Section 36-6-113
Failure to return child to custodial parent - Emergency order declaring child to be in imminent danger of serious bodily injury or death and ordering noncustodial parent to return child
Status: in_force

(a) If a custody, parentage, child support, or dependency and neglect proceeding is pending before a court and the noncustodial parent fails to return the child to the custodial parent in accordance with the current visitation order or parenting plan, then the custodial parent may, after reporting the child missing to a law enforcement agency, file a motion with the court seeking an emergency order declaring the child to be in imminent danger of serious bodily injury or death and ordering the noncustodial parent to return the child. (b) The court may issue an order declaring the child to be in imminent danger of serious bodily injury or death and ordering the noncustodial parent to return the child to the custodial parent immediately if the court finds: (1) The custodial parent and the noncustodial parent are parties in a custody, parentage, support, or dependency and neglect matter currently pending before the court; (2) The noncustodial parent failed to return the child to the custodial parent on the date and time specified in the current visitation order or parenting plan; (3) The custodial parent has reported the child as missing to a law enforcement agency; (4) At least forty-eight (48) hours have passed since the noncustodial parent was to have returned the child to the custodial parent under the current visitation order or parenting plan; and (5) The noncustodial parent has: (A) Failed to contact the custodial parent within the past forty-eight (48) hours; or (B) Failed to return the child to the custodial parent. (c) If a judge enters an order pursuant to this section, then the clerk of the court shall immediately send, via electronic mail, a copy of the order to the law enforcement agency investigating the report of the missing child. (d) This section does not modify the discretion of a law enforcement agency to investigate a report of a missing child, notify local media about a missing child, or issue any form of missing child alert. (e) As used in this section, "custodial parent" means the parent with whom the child resides more than fifty percent (50%) of the time. Added by 2022 Tenn. Acts, ch. 767, s 2, eff. 4/6/2022.
(a) If a custody, parentage, child support, or dependency and neglect proceeding is pending before a court and the noncustodial parent fails to return the child to the custodial parent in accordance with the current visitation order or parenting plan, then the custodial parent may, after reporting the child missing to a law enforcement agency, file a motion with the court seeking an emergency order declaring the child to be in imminent danger of serious bodily injury or death and ordering the noncustodial parent to return the child.
(b) The court may issue an order declaring the child to be in imminent danger of serious bodily injury or death and ordering the noncustodial parent to return the child to the custodial parent immediately if the court finds: (1) The custodial parent and the noncustodial parent are parties in a custody, parentage, support, or dependency and neglect matter currently pending before the court; (2) The noncustodial parent failed to return the child to the custodial parent on the date and time specified in the current visitation order or parenting plan; (3) The custodial parent has reported the child as missing to a law enforcement agency; (4) At least forty-eight (48) hours have passed since the noncustodial parent was to have returned the child to the custodial parent under the current visitation order or parenting plan; and (5) The noncustodial parent has: (A) Failed to contact the custodial parent within the past forty-eight (48) hours; or (B) Failed to return the child to the custodial parent.
(1) The custodial parent and the noncustodial parent are parties in a custody, parentage, support, or dependency and neglect matter currently pending before the court;
(2) The noncustodial parent failed to return the child to the custodial parent on the date and time specified in the current visitation order or parenting plan;
(3) The custodial parent has reported the child as missing to a law enforcement agency;
(4) At least forty-eight (48) hours have passed since the noncustodial parent was to have returned the child to the custodial parent under the current visitation order or parenting plan; and
(5) The noncustodial parent has: (A) Failed to contact the custodial parent within the past forty-eight (48) hours; or (B) Failed to return the child to the custodial parent.
(A) Failed to contact the custodial parent within the past forty-eight (48) hours; or
(B) Failed to return the child to the custodial parent.
(c) If a judge enters an order pursuant to this section, then the clerk of the court shall immediately send, via electronic mail, a copy of the order to the law enforcement agency investigating the report of the missing child.
(d) This section does not modify the discretion of a law enforcement agency to investigate a report of a missing child, notify local media about a missing child, or issue any form of missing child alert.
(e) As used in this section, "custodial parent" means the parent with whom the child resides more than fifty percent (50%) of the time.
Added by 2022 Tenn. Acts, ch. 767, s 2, eff. 4/6/2022.
Tenn. Code Ann. § 36-5-3109 — TN Code / Title 36 / Chapter 5 / Section 36-5-3109
Rights of the department of human services
Status: in_force

Whenever the department of human services is acting upon any application for Title IV-D services, whether by assignment of rights of support pursuant to § 71-3-124 or otherwise, it shall have the same right to invoke this part as the obligee who has made application for such services. Acts 1997, ch. 551, § 6; 1998, ch. 1098, § 57.
Whenever the department of human services is acting upon any application for Title IV-D services, whether by assignment of rights of support pursuant to § 71-3-124 or otherwise, it shall have the same right to invoke this part as the obligee who has made application for such services.
Acts 1997, ch. 551, § 6; 1998, ch. 1098, § 57.
Tenn. Code Ann. § 36-5-2614 — TN Code / Title 36 / Chapter 5 / Section 36-5-2614
Notice to issuing tribunal of modification
Status: in_force

Within thirty (30) days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. Acts 2010, ch. 901, § 1.
Within thirty (30) days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-803 — TN Code / Title 36 / Chapter 5 / Section 36-5-803
Administrative orders to redirect child support payment
Status: in_force

(a) The commissioner's authorized representative, or the department's Title IV-D contractor, is authorized to issue an administrative order to direct the obligor or other payor in Title IV-D child support cases to change the payee to the clerk or to the department. Notice of the order shall be provided by the department to the obligor and the obligee. (b) A copy of the administrative order issued pursuant to this section shall be sent to the clerk of the court that issued the original order and the administrative order shall be entered in the court record. Acts 1997, ch. 551, § 11; 1998, ch. 1098, § 27.
(a) The commissioner's authorized representative, or the department's Title IV-D contractor, is authorized to issue an administrative order to direct the obligor or other payor in Title IV-D child support cases to change the payee to the clerk or to the department. Notice of the order shall be provided by the department to the obligor and the obligee.
(b) A copy of the administrative order issued pursuant to this section shall be sent to the clerk of the court that issued the original order and the administrative order shall be entered in the court record.
Acts 1997, ch. 551, § 11; 1998, ch. 1098, § 27.
Tenn. Code Ann. § 36-5-2603 — TN Code / Title 36 / Chapter 5 / Section 36-5-2603
Effect of registration for enforcement
Status: in_force

(a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state. (b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state. (c) Except as otherwise provided in parts 20-29 of this chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction. Acts 2010, ch. 901, § 1.
(a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.
(b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
(c) Except as otherwise provided in parts 20-29 of this chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-1-305 — TN Code / Title 36 / Chapter 1 / Section 36-1-305
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 101, s 28, eff. 7/1/2022. Acts 1998, ch. 1022, § 1.
Repealed by 2021 Tenn. Acts, ch. 101, s 28, eff. 7/1/2022.
Acts 1998, ch. 1022, § 1.
Tenn. Code Ann. § 36-6-215 — TN Code / Title 36 / Chapter 6 / Section 36-6-215
Request for hearing in, or evidence from another state - Holding hearings or obtaining evidence for other states - Expenses - Preservation of records
Status: in_force

(a) A court of this state may request the appropriate court of another state to: (1) Hold an evidentiary hearing; (2) Order a person to produce or give evidence pursuant to procedures of that state; (3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding; (4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and (5) Order a party to a child-custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child. (b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a). (c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the law of this state. (d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child-custody proceeding until the child attains eighteen (18) years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records. Acts 1999, ch. 389, § 16.
(a) A court of this state may request the appropriate court of another state to: (1) Hold an evidentiary hearing; (2) Order a person to produce or give evidence pursuant to procedures of that state; (3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding; (4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and (5) Order a party to a child-custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(1) Hold an evidentiary hearing;
(2) Order a person to produce or give evidence pursuant to procedures of that state;
(3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and
(5) Order a party to a child-custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a).
(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the law of this state.
(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child-custody proceeding until the child attains eighteen (18) years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
Acts 1999, ch. 389, § 16.
Tenn. Code Ann. § 36-4-111 — TN Code / Title 36 / Chapter 4 / Section 36-4-111
Failure to separate not a defense
Status: in_force

It is no impediment to a divorce that the offended spouse did not leave the marital domicile or separate from the offending spouse on account of the conduct of the offending spouse. Acts 1977, ch. 107, § 2; T.C.A., § 36-809.
It is no impediment to a divorce that the offended spouse did not leave the marital domicile or separate from the offending spouse on account of the conduct of the offending spouse.
Acts 1977, ch. 107, § 2; T.C.A., § 36-809.
Tenn. Code Ann. § 36-5-2712 — TN Code / Title 36 / Chapter 5 / Section 36-5-2712
Personal information - Limitation on use
Status: in_force

Personal information gathered or transmitted under this part may be used only for the purposes for which it was gathered or transmitted. Acts 2010, ch. 901, § 1.
Personal information gathered or transmitted under this part may be used only for the purposes for which it was gathered or transmitted.
Acts 2010, ch. 901, § 1.