Tenn. Code Ann. § 36-7-303 — TN Code / Title 36 / Chapter 7 / Section 36-7-303
Expedited hearing
Status: in_force

If an action to grant custodial responsibility is filed under § 36-7-302(b) before a deploying parent deploys, the court shall conduct an expedited hearing. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
If an action to grant custodial responsibility is filed under § 36-7-302(b) before a deploying parent deploys, the court shall conduct an expedited hearing.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-3-305 — TN Code / Title 36 / Chapter 3 / Section 36-3-305
Solemnizing marriage between incapable persons - Misdemeanor
Status: in_force

Any such minister or officer who knowingly joins together in matrimony two (2) persons not capable thereof commits a Class C misdemeanor and shall also forfeit and pay the sum of five hundred dollars ($500), to be recovered by action of debt, for the use of the person suing. Code 1858, § 2446 (deriv. Acts 1778, ch. 7, § 5); Shan., § 4196; mod. Code 1932, § 8423; T.C.A. (orig. ed.), § 36-419; Acts 1989, ch. 591, § 113.
Any such minister or officer who knowingly joins together in matrimony two (2) persons not capable thereof commits a Class C misdemeanor and shall also forfeit and pay the sum of five hundred dollars ($500), to be recovered by action of debt, for the use of the person suing.
Code 1858, § 2446 (deriv. Acts 1778, ch. 7, § 5); Shan., § 4196; mod. Code 1932, § 8423; T.C.A. (orig. ed.), § 36-419; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 36-6-204 — TN Code / Title 36 / Chapter 6 / Section 36-6-204
Official comments to be included in this part
Status: in_force

The Tennessee code commission is hereby authorized and directed to include as Official Comments those comment provisions pertaining to the corresponding sections of the Uniform Child Custody Jurisdiction and Enforcement Act, which shall be transmitted to the commission with this act. Acts 1999, ch. 389, § 5.
The Tennessee code commission is hereby authorized and directed to include as Official Comments those comment provisions pertaining to the corresponding sections of the Uniform Child Custody Jurisdiction and Enforcement Act, which shall be transmitted to the commission with this act.
Acts 1999, ch. 389, § 5.
Tenn. Code Ann. § 36-5-3101 — TN Code / Title 36 / Chapter 5 / Section 36-5-3101
Purpose and construction of part
Status: in_force

The purpose of this part is to provide a procedure for the enforcement of support obligations arising under the law against an obligor without a transfer of jurisdiction to modify the order. This part shall be liberally construed to effectuate its purposes. Acts 1997, ch. 551, § 6.
The purpose of this part is to provide a procedure for the enforcement of support obligations arising under the law against an obligor without a transfer of jurisdiction to modify the order. This part shall be liberally construed to effectuate its purposes.
Acts 1997, ch. 551, § 6.
Tenn. Code Ann. § 36-6-110 — TN Code / Title 36 / Chapter 6 / Section 36-6-110
Rights of noncustodial parents
Status: in_force

Except when the juvenile court or other appropriate court finds it not in the best interests of the affected child, upon petition by a noncustodial, biological parent whose parental rights have not been terminated, the court shall grant the rights set forth in § 36-6-101(a)(3)(A) . Acts 1998, ch. 1087, § 1; 2011, ch. 119, § 4.
Except when the juvenile court or other appropriate court finds it not in the best interests of the affected child, upon petition by a noncustodial, biological parent whose parental rights have not been terminated, the court shall grant the rights set forth in § 36-6-101(a)(3)(A) .
Acts 1998, ch. 1087, § 1; 2011, ch. 119, § 4.
Tenn. Code Ann. § 36-5-903 — TN Code / Title 36 / Chapter 5 / Section 36-5-903
Rebuttable presumption as to ownership
Status: in_force

(a) There shall be a rebuttable presumption concerning property that is subject to this part, except where otherwise clearly noted by the evidence of title or otherwise, or where by law ownership of property is otherwise clearly stated, that at least one-half of all real or tangible personal property that is titled to or in the possession of the obligor is owned by the obligor who is subject to the lien provisions of this part. (b) All jointly held accounts in any financial institution shall be rebuttably presumed to be available in whole to the obligor. Acts 1997, ch. 551, § 12.
(a) There shall be a rebuttable presumption concerning property that is subject to this part, except where otherwise clearly noted by the evidence of title or otherwise, or where by law ownership of property is otherwise clearly stated, that at least one-half of all real or tangible personal property that is titled to or in the possession of the obligor is owned by the obligor who is subject to the lien provisions of this part.
(b) All jointly held accounts in any financial institution shall be rebuttably presumed to be available in whole to the obligor.
Acts 1997, ch. 551, § 12.
Tenn. Code Ann. § 36-1-114 — TN Code / Title 36 / Chapter 1 / Section 36-1-114
Venue
Status: in_force

(a) The termination petition may be filed in the county: (1) Where the petitioners reside; (2) Where the child resides; (3) Where, at the time the petition is filed, any respondent resides; (4) In which is located any licensed child-placing agency or institution operated under the laws of this state having custody or guardianship of the child or to which the child has been surrendered as provided in this part; (5) Where the child became subject to the care and control of a public or private child-caring or child-placing agency; or (6) Where the child became subject to partial or complete guardianship or legal custody of the petitioners as provided in this part. (b) The adoption petition may be filed in any county listed in subdivisions (a)(1)-(6) or a county that is adjacent to a county listed in subdivisions (a)(1)-(6). Amended by 2023 Tenn. Acts, ch. 263, s 15, eff. 7/1/2023. Amended by 2018 Tenn. Acts, ch. 875, s 13, eff. 7/1/2018. Acts 1951, ch. 202, § 12 (Williams, § 9572.26); T.C.A. (orig. ed.), § 36-104; 36-1-104; Acts 1995, ch. 532, § 1; 2008 , ch. 1059, § 4.
(a) The termination petition may be filed in the county: (1) Where the petitioners reside; (2) Where the child resides; (3) Where, at the time the petition is filed, any respondent resides; (4) In which is located any licensed child-placing agency or institution operated under the laws of this state having custody or guardianship of the child or to which the child has been surrendered as provided in this part; (5) Where the child became subject to the care and control of a public or private child-caring or child-placing agency; or (6) Where the child became subject to partial or complete guardianship or legal custody of the petitioners as provided in this part.
(1) Where the petitioners reside;
(2) Where the child resides;
(3) Where, at the time the petition is filed, any respondent resides;
(4) In which is located any licensed child-placing agency or institution operated under the laws of this state having custody or guardianship of the child or to which the child has been surrendered as provided in this part;
(5) Where the child became subject to the care and control of a public or private child-caring or child-placing agency; or
(6) Where the child became subject to partial or complete guardianship or legal custody of the petitioners as provided in this part.
(b) The adoption petition may be filed in any county listed in subdivisions (a)(1)-(6) or a county that is adjacent to a county listed in subdivisions (a)(1)-(6).
Amended by 2023 Tenn. Acts, ch. 263, s 15, eff. 7/1/2023.
Amended by 2018 Tenn. Acts, ch. 875, s 13, eff. 7/1/2018.
Acts 1951, ch. 202, § 12 (Williams, § 9572.26); T.C.A. (orig. ed.), § 36-104; 36-1-104; Acts 1995, ch. 532, § 1; 2008 , ch. 1059, § 4.
Tenn. Code Ann. § 36-5-2204 — TN Code / Title 36 / Chapter 5 / Section 36-5-2204
Simultaneous proceedings
Status: in_force

(a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if: (1) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country; (2) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and (3) If relevant, this state is the home state of the child. (b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if: (1) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state; (2) The contesting party timely challenges the exercise of jurisdiction in this state; and (3) If relevant, the other state or foreign country is the home state of the child. Acts 2010, ch. 901, § 1.
(a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if: (1) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country; (2) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and (3) If relevant, this state is the home state of the child.
(1) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(2) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(3) If relevant, this state is the home state of the child.
(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if: (1) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state; (2) The contesting party timely challenges the exercise of jurisdiction in this state; and (3) If relevant, the other state or foreign country is the home state of the child.
(1) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
(2) The contesting party timely challenges the exercise of jurisdiction in this state; and
(3) If relevant, the other state or foreign country is the home state of the child.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-2801 — TN Code / Title 36 / Chapter 5 / Section 36-5-2801
Grounds for rendition
Status: in_force

(a) For purposes of this part, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by parts 20-29 of this chapter. (b) The governor of this state may: (1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or (2) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee. (c) A provision for extradition of individuals not inconsistent with parts 20-29 of this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. Acts 2010, ch. 901, § 1.
(a) For purposes of this part, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by parts 20-29 of this chapter.
(b) The governor of this state may: (1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or (2) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(2) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent with parts 20-29 of this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-1-130 — TN Code / Title 36 / Chapter 1 / Section 36-1-130
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 101,s 28, eff. 7/1/2022. Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 87, 116-118.
Repealed by 2021 Tenn. Acts, ch. 101,s 28, eff. 7/1/2022.
Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 87, 116-118.
Tenn. Code Ann. § 36-5-2708 — TN Code / Title 36 / Chapter 5 / Section 36-5-2708
Recognition and enforcement of registered Convention support order
Status: in_force

(a) Except as otherwise provided in subsection (b), a tribunal of this state shall recognize and enforce a registered Convention support order. (b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order: (1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard; (2) The issuing tribunal lacked personal jurisdiction consistent with § 36-5-2201 ; (3) The order is not enforceable in the issuing country; (4) The order was obtained by fraud in connection with a matter of procedure; (5) A record transmitted in accordance with § 36-5-2706 lacks authenticity or integrity; (6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed; (7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under parts 20-29 of this chapter in this state; (8) Payment, to the extent alleged arrears have been paid in whole or in part; (9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country: (A) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or (B) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or (10) The order was made in violation of § 36-5-2711 . (c) If a tribunal of this state does not recognize a Convention support order under subdivision (b)(2), (b)(4), or (b)(9): (1) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and (2) The governmental entity shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under § 36-5-2704 . Acts 2010, ch. 901, § 1.
(a) Except as otherwise provided in subsection (b), a tribunal of this state shall recognize and enforce a registered Convention support order.
(b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order: (1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard; (2) The issuing tribunal lacked personal jurisdiction consistent with § 36-5-2201 ; (3) The order is not enforceable in the issuing country; (4) The order was obtained by fraud in connection with a matter of procedure; (5) A record transmitted in accordance with § 36-5-2706 lacks authenticity or integrity; (6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed; (7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under parts 20-29 of this chapter in this state; (8) Payment, to the extent alleged arrears have been paid in whole or in part; (9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country: (A) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or (B) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or (10) The order was made in violation of § 36-5-2711 .
(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(2) The issuing tribunal lacked personal jurisdiction consistent with § 36-5-2201 ;
(3) The order is not enforceable in the issuing country;
(4) The order was obtained by fraud in connection with a matter of procedure;
(5) A record transmitted in accordance with § 36-5-2706 lacks authenticity or integrity;
(6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
(7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under parts 20-29 of this chapter in this state;
(8) Payment, to the extent alleged arrears have been paid in whole or in part;
(9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country: (A) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or (B) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(A) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(B) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(10) The order was made in violation of § 36-5-2711 .
(c) If a tribunal of this state does not recognize a Convention support order under subdivision (b)(2), (b)(4), or (b)(9): (1) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and (2) The governmental entity shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under § 36-5-2704 .
(1) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
(2) The governmental entity shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under § 36-5-2704 .
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-3-404 — TN Code / Title 36 / Chapter 3 / Section 36-3-404
Measure of damages when defendant over sixty (60)
Status: in_force

In all suits for damages for breach of promise or contract of marriage that may be tried in the courts of this state, where the defendant is more than sixty (60) years of age at the time the case is tried, proof of damages shall be limited to the actual financial loss of the plaintiff up to the date of the trial and no punitive damages shall be allowed. Acts 1949, ch. 161, § 4; C. Supp. 1950, § 8462.4 (Williams, § 9720.8); T.C.A. (orig. ed.), § 36-704.
In all suits for damages for breach of promise or contract of marriage that may be tried in the courts of this state, where the defendant is more than sixty (60) years of age at the time the case is tried, proof of damages shall be limited to the actual financial loss of the plaintiff up to the date of the trial and no punitive damages shall be allowed.
Acts 1949, ch. 161, § 4; C. Supp. 1950, § 8462.4 (Williams, § 9720.8); T.C.A. (orig. ed.), § 36-704.
Tenn. Code Ann. § 36-5-2608 — TN Code / Title 36 / Chapter 5 / Section 36-5-2608
Confirmed order
Status: in_force

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. Acts 2010, ch. 901, § 1.
Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-3008 — TN Code / Title 36 / Chapter 5 / Section 36-5-3008
Acceptance of transfer
Status: in_force

The transferee court shall accept the transfer and shall not have the discretion to refuse the transfer. Acts 2000, ch. 922, § 36.
The transferee court shall accept the transfer and shall not have the discretion to refuse the transfer.
Acts 2000, ch. 922, § 36.
Tenn. Code Ann. § 36-6-233 — TN Code / Title 36 / Chapter 6 / Section 36-6-233
Service of petition and order
Status: in_force

Except as otherwise provided in § 36-6-235 , the petition and order must be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child. Acts 1999, ch. 389, § 34.
Except as otherwise provided in § 36-6-235 , the petition and order must be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child.
Acts 1999, ch. 389, § 34.
Tenn. Code Ann. § 36-2-316 — TN Code / Title 36 / Chapter 2 / Section 36-2-316
Discrimination against children born out of wedlock - Penalty
Status: in_force

(a) No child born out of wedlock shall be deprived of any civil benefit afforded to other citizens by law. (b) Any person, including any employee or official of any governmental agency, who deprives any person of any civil benefit afforded to other citizens by law, by reason of the child being born out of wedlock, commits a Class C misdemeanor. Acts 1997, ch. 477, § 1.
(a) No child born out of wedlock shall be deprived of any civil benefit afforded to other citizens by law.
(b) Any person, including any employee or official of any governmental agency, who deprives any person of any civil benefit afforded to other citizens by law, by reason of the child being born out of wedlock, commits a Class C misdemeanor.
Acts 1997, ch. 477, § 1.
Tenn. Code Ann. § 36-5-811 — TN Code / Title 36 / Chapter 5 / Section 36-5-811
Enforcement of requests for information
Status: in_force

(a) Failure to comply with a request for information under § 36-5-801(a) may be enforced by the department by the imposition of a civil penalty of one hundred dollars ($100) for the failure to respond to such request. (b) Such penalties shall be assessed by the commissioner of human services after written notice that provides fifteen (15) days to file a written request for appeal. An appeal shall be conducted by the department as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. (c) Failure to timely appeal the assessment of the civil penalty shall be final and conclusive of the correctness of the penalty. (d) Any amount found owing shall be due and payable not later than fifteen (15) days after the date of transmission of the determination. (e) Failure to pay an assessment shall result in a lien in favor of the department against the real and personal property of the person or entity to whom or which the request was directed and shall be enforced by original attachment issued by any court having jurisdiction of the monetary amounts assessed in the county where the person resides or where the entity is located. Acts 1997, ch. 551, § 11.
(a) Failure to comply with a request for information under § 36-5-801(a) may be enforced by the department by the imposition of a civil penalty of one hundred dollars ($100) for the failure to respond to such request.
(b) Such penalties shall be assessed by the commissioner of human services after written notice that provides fifteen (15) days to file a written request for appeal. An appeal shall be conducted by the department as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(c) Failure to timely appeal the assessment of the civil penalty shall be final and conclusive of the correctness of the penalty.
(d) Any amount found owing shall be due and payable not later than fifteen (15) days after the date of transmission of the determination.
(e) Failure to pay an assessment shall result in a lien in favor of the department against the real and personal property of the person or entity to whom or which the request was directed and shall be enforced by original attachment issued by any court having jurisdiction of the monetary amounts assessed in the county where the person resides or where the entity is located.
Acts 1997, ch. 551, § 11.
Tenn. Code Ann. § 36-1-149 — TN Code / Title 36 / Chapter 1 / Section 36-1-149
Confidential adoption record as public records and open to inspection after 100 years have elapsed
Status: in_force

Notwithstanding § 36-1-102 , § 36-1-125 , § 36-1-126 , § 36-1-127 , § 68-3-313 , or another law to the contrary, all adoption records, sealed adoption records, and unsealed adoption records deemed to be confidential pursuant to this part will be a public record and open to inspection when one hundred (100) years have elapsed since the date the adoption was finalized. If an adoption was not finalized, or the date the adoption was finalized is not clearly indicated in the adoption record, then the adoption record will be a public record and open to inspection when one hundred (100) years have elapsed since the creation of the oldest dated item in the adoption record. Added by 2022 Tenn. Acts, ch. 937, s 15, eff. 7/1/2022.
Notwithstanding § 36-1-102 , § 36-1-125 , § 36-1-126 , § 36-1-127 , § 68-3-313 , or another law to the contrary, all adoption records, sealed adoption records, and unsealed adoption records deemed to be confidential pursuant to this part will be a public record and open to inspection when one hundred (100) years have elapsed since the date the adoption was finalized. If an adoption was not finalized, or the date the adoption was finalized is not clearly indicated in the adoption record, then the adoption record will be a public record and open to inspection when one hundred (100) years have elapsed since the creation of the oldest dated item in the adoption record.
Added by 2022 Tenn. Acts, ch. 937, s 15, eff. 7/1/2022.
Tenn. Code Ann. § 36-7-104 — TN Code / Title 36 / Chapter 7 / Section 36-7-104
Jurisdiction
Status: in_force

(a) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, compiled in chapter 6, part 2 of this title. (b) If a court has issued a temporary order regarding custodial responsibility pursuant to part 3 of this chapter, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act during the deployment. (c) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents have requested to modify that order temporarily by agreement pursuant to part 2 of this chapter, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act. (d) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act. (e) This section does not prevent a court from exercising temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
(a) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, compiled in chapter 6, part 2 of this title.
(b) If a court has issued a temporary order regarding custodial responsibility pursuant to part 3 of this chapter, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act during the deployment.
(c) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents have requested to modify that order temporarily by agreement pursuant to part 2 of this chapter, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(d) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(e) This section does not prevent a court from exercising temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-3-618 — TN Code / Title 36 / Chapter 3 / Section 36-3-618
Purpose - Legislative intent
Status: in_force

The purpose of this part is to recognize the seriousness of domestic abuse as a crime and to assure that the law provides a victim of domestic abuse with enhanced protection from domestic abuse. A further purpose of this chapter is to recognize that in the past law enforcement agencies have treated domestic abuse crimes differently than crimes resulting in the same harm but occurring between strangers. Thus, the general assembly intends that the official response to domestic abuse shall stress enforcing the laws to protect the victim and prevent further harm to the victim, and the official response shall communicate the attitude that violent behavior is not excused or tolerated. Acts 1995, ch. 507, § 2.
The purpose of this part is to recognize the seriousness of domestic abuse as a crime and to assure that the law provides a victim of domestic abuse with enhanced protection from domestic abuse. A further purpose of this chapter is to recognize that in the past law enforcement agencies have treated domestic abuse crimes differently than crimes resulting in the same harm but occurring between strangers. Thus, the general assembly intends that the official response to domestic abuse shall stress enforcing the laws to protect the victim and prevent further harm to the victim, and the official response shall communicate the attitude that violent behavior is not excused or tolerated.
Acts 1995, ch. 507, § 2.
Tenn. Code Ann. § 36-6-234 — TN Code / Title 36 / Chapter 6 / Section 36-6-234
Order for immediate physical custody - Fees, costs and expenses - Party refusal to testify - Husband and wife communications as evidence
Status: in_force

(a) Unless the court issues a temporary emergency order pursuant to § 36-6-219 , upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that: (1) The child-custody determination has not been registered and confirmed under § 36-6-229 and that: (A) The issuing court did not have jurisdiction under this part; (B) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part; or (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 36-6-211 , in the proceedings before the court that issued the order for which enforcement is sought; or (2) The child-custody determination for which enforcement is sought was registered and confirmed under § 36-6-229 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part. (b) The court shall award the fees, costs, and expenses authorized under § 36-6-236 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate. (c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal. (d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this part. Acts 1999, ch. 389, § 35.
(a) Unless the court issues a temporary emergency order pursuant to § 36-6-219 , upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that: (1) The child-custody determination has not been registered and confirmed under § 36-6-229 and that: (A) The issuing court did not have jurisdiction under this part; (B) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part; or (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 36-6-211 , in the proceedings before the court that issued the order for which enforcement is sought; or (2) The child-custody determination for which enforcement is sought was registered and confirmed under § 36-6-229 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part.
(1) The child-custody determination has not been registered and confirmed under § 36-6-229 and that: (A) The issuing court did not have jurisdiction under this part; (B) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part; or (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 36-6-211 , in the proceedings before the court that issued the order for which enforcement is sought; or
(A) The issuing court did not have jurisdiction under this part;
(B) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part; or
(C) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 36-6-211 , in the proceedings before the court that issued the order for which enforcement is sought; or
(2) The child-custody determination for which enforcement is sought was registered and confirmed under § 36-6-229 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part.
(b) The court shall award the fees, costs, and expenses authorized under § 36-6-236 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this part.
Acts 1999, ch. 389, § 35.
Tenn. Code Ann. § 36-5-2313 — TN Code / Title 36 / Chapter 5 / Section 36-5-2313
Costs and fees
Status: in_force

(a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or responding state or foreign country, except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses. (c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under part 26 of this chapter, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. Acts 2010, ch. 901, § 1.
(a) The petitioner may not be required to pay a filing fee or other costs.
(b) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or responding state or foreign country, except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.
(c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under part 26 of this chapter, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-3-303 — TN Code / Title 36 / Chapter 3 / Section 36-3-303
Return of license to clerk - Penalty for failure to return - Society of Friends
Status: in_force

(a) One authorized by § 36-3-301 who solemnizes the rite of matrimony shall endorse on the license the fact and time of the marriage, and sign the license, and return it to the county clerk within three (3) days from the date of marriage. Every person who fails to make such return of the license commits a Class C misdemeanor. (b) The functions, duties and liabilities of the party solemnizing marriage as set forth in this part shall, in the case of marriages solemnized among the Religious Society of Friends, be incumbent upon the clerk of the congregation, or in the clerk's absence, the clerk's duly designated alternate. Code 1858, § 2443 (deriv. Acts 1815, ch. 47, § 1); Acts 1879, ch. 98, § 2; 1889, ch. 134, § 2; 1915, ch. 109, §§ 1, 2; Shan., § 4193; mod. Code 1932, § 8421; Acts 1963, ch. 68, § 1; 1970, ch. 440, § 2; T.C.A. (orig. ed.), § 36-417; Acts 1989, ch. 591, § 113.
(a) One authorized by § 36-3-301 who solemnizes the rite of matrimony shall endorse on the license the fact and time of the marriage, and sign the license, and return it to the county clerk within three (3) days from the date of marriage. Every person who fails to make such return of the license commits a Class C misdemeanor.
(b) The functions, duties and liabilities of the party solemnizing marriage as set forth in this part shall, in the case of marriages solemnized among the Religious Society of Friends, be incumbent upon the clerk of the congregation, or in the clerk's absence, the clerk's duly designated alternate.
Code 1858, § 2443 (deriv. Acts 1815, ch. 47, § 1); Acts 1879, ch. 98, § 2; 1889, ch. 134, § 2; 1915, ch. 109, §§ 1, 2; Shan., § 4193; mod. Code 1932, § 8421; Acts 1963, ch. 68, § 1; 1970, ch. 440, § 2; T.C.A. (orig. ed.), § 36-417; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 36-1-122 — TN Code / Title 36 / Chapter 1 / Section 36-1-122
Binding effect of adoption
Status: in_force

(a) When a child is adopted pursuant to this part, the adoptive parents shall not thereafter be deprived of any rights in the child, at the insistence of the child's biological or prior legal parents or guardian of the child or any other person or agency except in the same manner and for the same causes as are applicable in proceedings to deprive biological or legal parents or guardians of their children or wards as provided by law. (b) (1) After the final order of adoption is entered, no party to an adoption proceeding, nor anyone claiming under such party, may later question the validity of the adoption proceeding by reason of any defect or irregularity therein, jurisdictional or otherwise, but shall be fully bound by the order, except for such appeal as may be allowed by law. (2) In no event, for any reason, shall an adoption be overturned by a trial court or collaterally attacked by any person or entity after nine (9) months from the date of entry of the final order of adoption by a court of competent jurisdiction. This subdivision (b)(2) is intended as a statute of repose. (3) The failure of the clerk of the court, the department, a licensed child-placing agency, or a licensed clinical social worker to perform any of the duties or acts with the time requirements of this part shall not affect the validity of any adoption proceeding. (4) After a final order of adoption is entered, an order shall not be entered requiring visitation or other contact between an adopted person and a biological parent or other related person unless the order is entered pursuant to § 36-1-145 . Amended by 2023 Tenn. Acts, ch. 263, s 8, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 363, s 6, eff. 5/5/2023. Amended by 2022 Tenn. Acts, ch. 937, s 8, eff. 7/1/2022. Acts 1951, ch. 202, §§ 27, 30 (Williams, §§ 9572.41, 9572.44); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 36-127; § 36-1-127 ; Acts 1995, ch. 532, § 1.
(a) When a child is adopted pursuant to this part, the adoptive parents shall not thereafter be deprived of any rights in the child, at the insistence of the child's biological or prior legal parents or guardian of the child or any other person or agency except in the same manner and for the same causes as are applicable in proceedings to deprive biological or legal parents or guardians of their children or wards as provided by law.
(b) (1) After the final order of adoption is entered, no party to an adoption proceeding, nor anyone claiming under such party, may later question the validity of the adoption proceeding by reason of any defect or irregularity therein, jurisdictional or otherwise, but shall be fully bound by the order, except for such appeal as may be allowed by law. (2) In no event, for any reason, shall an adoption be overturned by a trial court or collaterally attacked by any person or entity after nine (9) months from the date of entry of the final order of adoption by a court of competent jurisdiction. This subdivision (b)(2) is intended as a statute of repose. (3) The failure of the clerk of the court, the department, a licensed child-placing agency, or a licensed clinical social worker to perform any of the duties or acts with the time requirements of this part shall not affect the validity of any adoption proceeding. (4) After a final order of adoption is entered, an order shall not be entered requiring visitation or other contact between an adopted person and a biological parent or other related person unless the order is entered pursuant to § 36-1-145 .
(1) After the final order of adoption is entered, no party to an adoption proceeding, nor anyone claiming under such party, may later question the validity of the adoption proceeding by reason of any defect or irregularity therein, jurisdictional or otherwise, but shall be fully bound by the order, except for such appeal as may be allowed by law.
(2) In no event, for any reason, shall an adoption be overturned by a trial court or collaterally attacked by any person or entity after nine (9) months from the date of entry of the final order of adoption by a court of competent jurisdiction. This subdivision (b)(2) is intended as a statute of repose.
(3) The failure of the clerk of the court, the department, a licensed child-placing agency, or a licensed clinical social worker to perform any of the duties or acts with the time requirements of this part shall not affect the validity of any adoption proceeding.
(4) After a final order of adoption is entered, an order shall not be entered requiring visitation or other contact between an adopted person and a biological parent or other related person unless the order is entered pursuant to § 36-1-145 .
Amended by 2023 Tenn. Acts, ch. 263, s 8, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 363, s 6, eff. 5/5/2023.
Amended by 2022 Tenn. Acts, ch. 937, s 8, eff. 7/1/2022.
Acts 1951, ch. 202, §§ 27, 30 (Williams, §§ 9572.41, 9572.44); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 36-127; § 36-1-127 ; Acts 1995, ch. 532, § 1.
Tenn. Code Ann. § 36-5-406 — TN Code / Title 36 / Chapter 5 / Section 36-5-406
Promulgation of forms
Status: in_force

The department of human services, in consultation with the Tennessee judicial conference, has the authority by regulation to promulgate forms, which must be available for use pursuant to this part. Such forms must be promulgated pursuant to the rulemaking provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2019 Tenn. Acts, ch. 420,s 25, eff. 5/21/2019. Amended by 2019 Tenn. Acts, ch. 85,s 1, eff. 4/3/2019. Acts 1985, ch. 477, § 13; 1986, ch. 890, § 14.
The department of human services, in consultation with the Tennessee judicial conference, has the authority by regulation to promulgate forms, which must be available for use pursuant to this part. Such forms must be promulgated pursuant to the rulemaking provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2019 Tenn. Acts, ch. 420,s 25, eff. 5/21/2019.
Amended by 2019 Tenn. Acts, ch. 85,s 1, eff. 4/3/2019.
Acts 1985, ch. 477, § 13; 1986, ch. 890, § 14.
Tenn. Code Ann. § 36-6-212 — TN Code / Title 36 / Chapter 6 / Section 36-6-212
Personal jurisdiction over a party - Immunity from jurisdiction for unrelated matters
Status: in_force

(a) A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding. (b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state. (c) The immunity granted by subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this part committed by an individual while present in this state. Acts 1999, ch. 389, § 13.
(a) A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
(b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(c) The immunity granted by subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this part committed by an individual while present in this state.
Acts 1999, ch. 389, § 13.
Tenn. Code Ann. § 36-8-104 — TN Code / Title 36 / Chapter 8 / Section 36-8-104
Construction of chapter
Status: in_force

This chapter must be construed using the following rules: (1) The protections of the fundamental right of parents to the care, custody, and control of their child afforded by this chapter are in addition to the protections provided under federal law, state law, and the state constitution; (2) This chapter must be construed in favor of a broad protection of the fundamental right of parents to the custody, care, and control of their children, including the right to direct the upbringing, education, health care, and mental health of their child; (3) This act does not give parents a right to medical treatments for their children that have been prohibited by state law; (4) State law enacted after July 1, 2024, is subject to this chapter unless the law explicitly excludes such application by reference to this chapter; and (5) The enumeration of parental rights in this chapter must not be construed to abridge any additional parental rights codified or recognized under current law or to prohibit the codification or recognition of additional parental rights. Amended by 2024 Tenn. Acts, ch. 1061,s 1, eff. 7/1/2024.
This chapter must be construed using the following rules:
(1) The protections of the fundamental right of parents to the care, custody, and control of their child afforded by this chapter are in addition to the protections provided under federal law, state law, and the state constitution;
(2) This chapter must be construed in favor of a broad protection of the fundamental right of parents to the custody, care, and control of their children, including the right to direct the upbringing, education, health care, and mental health of their child;
(3) This act does not give parents a right to medical treatments for their children that have been prohibited by state law;
(4) State law enacted after July 1, 2024, is subject to this chapter unless the law explicitly excludes such application by reference to this chapter; and
(5) The enumeration of parental rights in this chapter must not be construed to abridge any additional parental rights codified or recognized under current law or to prohibit the codification or recognition of additional parental rights.
Amended by 2024 Tenn. Acts, ch. 1061,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 36-6-209 — TN Code / Title 36 / Chapter 6 / Section 36-6-209
Binding nature of state court decisions
Status: in_force

(a) A child-custody determination made by a court of this state that had jurisdiction under this part binds all persons who have been served in accordance with the laws of this state or notified in accordance with this part or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. (b) As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. Acts 1999, ch. 389, § 10.
(a) A child-custody determination made by a court of this state that had jurisdiction under this part binds all persons who have been served in accordance with the laws of this state or notified in accordance with this part or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard.
(b) As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
Acts 1999, ch. 389, § 10.
Tenn. Code Ann. § 36-6-501 — TN Code / Title 36 / Chapter 6 / Section 36-6-501
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "License" means a license, certification, registration, permit, approval or other similar document issued to an individual evidencing admission to or granting authority to engage in a profession, trade, occupation, business, or industry, or to hunt or fish, but does not include a license to practice law unless the supreme court establishes guidelines pursuant to § 36-6-511 making this part applicable to such license; "license" does not include a license to operate any motor vehicle or other conveyance; (2) "Licensee" means any individual holding a license, certification, registration, permit, approval, or other similar document evidencing admission to or granting authority to engage in a profession, trade, occupation, business, or industry, or to hunt or fish. "Licensee" does not include an attorney only with respect to the attorney's license to practice law unless the supreme court establishes guidelines pursuant to § 36-6-511 making this part applicable to such license; (3) "Licensing authority" means the board, commission, or agency, excluding the department of safety, that has been established by statute or state regulation to oversee the issuance and regulation of any license. Excluded from this definition is the supreme court, unless the supreme court acts in accordance with § 36-6-511 , and any licensing authority established solely by the action and authority of a county or municipal government; (4) "Not in compliance with an order of visitation" means that one parent has intentionally interfered with implementation of a schedule of court-ordered visitation on two (2) or more occasions in any six-month period; and (5) "Order of visitation" means any order granting a noncustodial parent the right to visit with such parent's child on days and times determined by the court. Acts 2000, ch. 971, § 2.
As used in this part, unless the context otherwise requires:
(1) "License" means a license, certification, registration, permit, approval or other similar document issued to an individual evidencing admission to or granting authority to engage in a profession, trade, occupation, business, or industry, or to hunt or fish, but does not include a license to practice law unless the supreme court establishes guidelines pursuant to § 36-6-511 making this part applicable to such license; "license" does not include a license to operate any motor vehicle or other conveyance;
(2) "Licensee" means any individual holding a license, certification, registration, permit, approval, or other similar document evidencing admission to or granting authority to engage in a profession, trade, occupation, business, or industry, or to hunt or fish. "Licensee" does not include an attorney only with respect to the attorney's license to practice law unless the supreme court establishes guidelines pursuant to § 36-6-511 making this part applicable to such license;
(3) "Licensing authority" means the board, commission, or agency, excluding the department of safety, that has been established by statute or state regulation to oversee the issuance and regulation of any license. Excluded from this definition is the supreme court, unless the supreme court acts in accordance with § 36-6-511 , and any licensing authority established solely by the action and authority of a county or municipal government;
(4) "Not in compliance with an order of visitation" means that one parent has intentionally interfered with implementation of a schedule of court-ordered visitation on two (2) or more occasions in any six-month period; and
(5) "Order of visitation" means any order granting a noncustodial parent the right to visit with such parent's child on days and times determined by the court.
Acts 2000, ch. 971, § 2.
Tenn. Code Ann. § 36-5-3111 — TN Code / Title 36 / Chapter 5 / Section 36-5-3111
Costs
Status: in_force

(a) When an order is registered by the department of human services or its contractors, the fee shall be waived for the department or its contractors. (b) The respondent shall be liable for the costs of the issuing court and the registering court together with the required filing fee, upon the court finding the respondent liable for the failure to pay the support as required by the registered order. The costs shall be apportioned between the clerks of the issuing court and the registering court according to their fees, costs and the taxes due. (c) The clerk shall file any request for registration and carry out the requirements of this part, even without receiving the appropriate fee for such request. If not paid, such sum shall be added to the cost bill to be assessed by the registering court. Acts 1997, ch. 551, § 6; 2005, ch. 429, §§ 9, 10.
(a) When an order is registered by the department of human services or its contractors, the fee shall be waived for the department or its contractors.
(b) The respondent shall be liable for the costs of the issuing court and the registering court together with the required filing fee, upon the court finding the respondent liable for the failure to pay the support as required by the registered order. The costs shall be apportioned between the clerks of the issuing court and the registering court according to their fees, costs and the taxes due.
(c) The clerk shall file any request for registration and carry out the requirements of this part, even without receiving the appropriate fee for such request. If not paid, such sum shall be added to the cost bill to be assessed by the registering court.
Acts 1997, ch. 551, § 6; 2005, ch. 429, §§ 9, 10.
Tenn. Code Ann. § 36-5-714 — TN Code / Title 36 / Chapter 5 / Section 36-5-714
Restricted license
Status: in_force

(a) If the obligor attempts to enter into a satisfactory arrangement with the department for the payment of arrears, the department may permit the obligor to be eligible for a restricted license for the purpose of driving to and from and working at the obligor's regular place of employment and going to and from the obligor's school. (b) In order to be eligible for a restricted license pursuant to subsection (a), the obligor shall: (1) Be employed for at least thirty (30) hours per week; (2) Have a place of employment or school that is located more than one (1) mile from the obligor's place of residence; (3) Show that the employment or educational endeavor can reasonably be expected to contribute to bringing the obligor into compliance with the support order in a timely manner; (4) Enter into a payment plan that is satisfactory to the department; and (5) Pay the restricted license fee required by subsection (f). (c) If at any time the department finds the obligor is no longer in compliance with the requirements of the agreement, the obligor shall be subject to license revocation pursuant to this part. (d) Nothing in this section shall prohibit a licensing authority from denying, suspending or revoking any license other than a license to operate a motor vehicle when an obligor is found eligible to receive a restricted license. (e) Any time an obligor, who is eligible for a restricted license due to an agreement with the department, operates a motor vehicle, the obligor shall maintain in the obligor's possession the agreement stating the restrictions to be placed on the license. An obligor who operates a motor vehicle without the agreement in the obligor's possession or outside the restrictions imposed by the agreement shall be considered to be driving while the obligor's driver license is revoked pursuant to § 55-50-504 . (f) The department shall charge a restricted license fee, not to exceed thirty dollars ($30.00), the proceeds of which shall be used to implement this section. The department shall annually review the fees collected pursuant to this subsection (f) and the costs of implementation to determine the need for a reduction or increase in the fee. The commissioner is authorized to promulgate rules to effectuate the purposes of this subsection (f). All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2014 Tenn. Acts, ch. 852,s 12, eff. 7/1/2015.
(a) If the obligor attempts to enter into a satisfactory arrangement with the department for the payment of arrears, the department may permit the obligor to be eligible for a restricted license for the purpose of driving to and from and working at the obligor's regular place of employment and going to and from the obligor's school.
(b) In order to be eligible for a restricted license pursuant to subsection (a), the obligor shall: (1) Be employed for at least thirty (30) hours per week; (2) Have a place of employment or school that is located more than one (1) mile from the obligor's place of residence; (3) Show that the employment or educational endeavor can reasonably be expected to contribute to bringing the obligor into compliance with the support order in a timely manner; (4) Enter into a payment plan that is satisfactory to the department; and (5) Pay the restricted license fee required by subsection (f).
(1) Be employed for at least thirty (30) hours per week;
(2) Have a place of employment or school that is located more than one (1) mile from the obligor's place of residence;
(3) Show that the employment or educational endeavor can reasonably be expected to contribute to bringing the obligor into compliance with the support order in a timely manner;
(4) Enter into a payment plan that is satisfactory to the department; and
(5) Pay the restricted license fee required by subsection (f).
(c) If at any time the department finds the obligor is no longer in compliance with the requirements of the agreement, the obligor shall be subject to license revocation pursuant to this part.
(d) Nothing in this section shall prohibit a licensing authority from denying, suspending or revoking any license other than a license to operate a motor vehicle when an obligor is found eligible to receive a restricted license.
(e) Any time an obligor, who is eligible for a restricted license due to an agreement with the department, operates a motor vehicle, the obligor shall maintain in the obligor's possession the agreement stating the restrictions to be placed on the license. An obligor who operates a motor vehicle without the agreement in the obligor's possession or outside the restrictions imposed by the agreement shall be considered to be driving while the obligor's driver license is revoked pursuant to § 55-50-504 .
(f) The department shall charge a restricted license fee, not to exceed thirty dollars ($30.00), the proceeds of which shall be used to implement this section. The department shall annually review the fees collected pursuant to this subsection (f) and the costs of implementation to determine the need for a reduction or increase in the fee. The commissioner is authorized to promulgate rules to effectuate the purposes of this subsection (f). All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2014 Tenn. Acts, ch. 852,s 12, eff. 7/1/2015.
Tenn. Code Ann. § 36-6-304 — TN Code / Title 36 / Chapter 6 / Section 36-6-304
Exposure of child to nudist colony prohibited
Status: in_force

No person who has been granted visitation rights to a child shall, during the child's minority, expose the child to any facility organized or operated as a nudist colony without the consent of the custodial parent. Any court of competent jurisdiction shall have the ability to enforce these provisions and enjoin violations of this section through the full extent of the court's civil and criminal contempt powers. Acts 1996, ch. 900, § 1.
No person who has been granted visitation rights to a child shall, during the child's minority, expose the child to any facility organized or operated as a nudist colony without the consent of the custodial parent. Any court of competent jurisdiction shall have the ability to enforce these provisions and enjoin violations of this section through the full extent of the court's civil and criminal contempt powers.
Acts 1996, ch. 900, § 1.
Tenn. Code Ann. § 36-3-307 — TN Code / Title 36 / Chapter 3 / Section 36-3-307
Nickname in license does not invalidate marriage
Status: in_force

Any marriage that may have been or may be celebrated between persons, by license regularly issued, is valid, and the issue thereof is declared legitimate, although the baptismal name of either party may be omitted in the license, or a nickname be used instead thereof; provided, that the parties have consummated the marriage by cohabitation, and can be identified as the persons between whom such marriage was solemnized. Acts 1870-1871, ch. 100, § 1; Shan., § 4200; mod. Code 1932, § 8425; T.C.A. (orig. ed.), § 36-421.
Any marriage that may have been or may be celebrated between persons, by license regularly issued, is valid, and the issue thereof is declared legitimate, although the baptismal name of either party may be omitted in the license, or a nickname be used instead thereof; provided, that the parties have consummated the marriage by cohabitation, and can be identified as the persons between whom such marriage was solemnized.
Acts 1870-1871, ch. 100, § 1; Shan., § 4200; mod. Code 1932, § 8425; T.C.A. (orig. ed.), § 36-421.
Tenn. Code Ann. § 36-5-118 — TN Code / Title 36 / Chapter 5 / Section 36-5-118
Customer service unit - Statewide toll-free telephone line
Status: in_force

Notwithstanding this part or any other law to the contrary, if the department of human services serves as the central collection and disbursement unit for the state, then the department must establish, advertise and maintain a customer service unit and a statewide toll-free telephone line for the express purpose of receiving and responding to citizen inquiries and complaints concerning child support collections and disbursements. Notwithstanding any law to the contrary, if a contractor of the department serves as the central collection and disbursement unit for the state, then the contractor must establish, advertise and maintain a customer service unit and a statewide toll-free telephone line for the express purpose of receiving and responding to citizen inquiries and complaints concerning child support collections and disbursements. Acts 1998, ch. 1048, § 5.
Notwithstanding this part or any other law to the contrary, if the department of human services serves as the central collection and disbursement unit for the state, then the department must establish, advertise and maintain a customer service unit and a statewide toll-free telephone line for the express purpose of receiving and responding to citizen inquiries and complaints concerning child support collections and disbursements. Notwithstanding any law to the contrary, if a contractor of the department serves as the central collection and disbursement unit for the state, then the contractor must establish, advertise and maintain a customer service unit and a statewide toll-free telephone line for the express purpose of receiving and responding to citizen inquiries and complaints concerning child support collections and disbursements.
Acts 1998, ch. 1048, § 5.
Tenn. Code Ann. § 36-5-3006 — TN Code / Title 36 / Chapter 5 / Section 36-5-3006
Duties and powers of transferee clerk and transferee court
Status: in_force

(a) A transferee court, upon receipt of the transferred documents from the transferor court shall assign a docket number to the case and establish a case file, and shall create a child support payment record, unless the case is being enforced under Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), in which case the department's child support computer system, if operative for the transferor and transferee court at the time of the transfer, shall be used as the child support payment record and the clerk shall not be required to create a separate child support payment record. (b) A transferred order of child support or custody is enforceable and modifiable in the same manner and is subject to the same procedures as if the order had been originally issued by the transferee court. (c) (1) Upon receipt of the certified payment record from the transferor court, the transferee court shall admit the certified copy as evidence of payments made or not made. Testimony of the record keeper from the transferor court shall not be required. If the case is being enforced under Title IV-D of the Social Security Act the department's child support computer system, if operative for the transferor and transferee court at the time of the transfer, shall be used as the child support payment record, and no further evidence of the record keeper shall be required. (2) The certified copy of the custody and parental access or visitation orders shall be admitted as evidence of the current custodial and parental access or visitation status of the child without testimony of the record keeper of the transferor court. Acts 1997, ch. 551, § 5.
(a) A transferee court, upon receipt of the transferred documents from the transferor court shall assign a docket number to the case and establish a case file, and shall create a child support payment record, unless the case is being enforced under Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), in which case the department's child support computer system, if operative for the transferor and transferee court at the time of the transfer, shall be used as the child support payment record and the clerk shall not be required to create a separate child support payment record.
(b) A transferred order of child support or custody is enforceable and modifiable in the same manner and is subject to the same procedures as if the order had been originally issued by the transferee court.
(c) (1) Upon receipt of the certified payment record from the transferor court, the transferee court shall admit the certified copy as evidence of payments made or not made. Testimony of the record keeper from the transferor court shall not be required. If the case is being enforced under Title IV-D of the Social Security Act the department's child support computer system, if operative for the transferor and transferee court at the time of the transfer, shall be used as the child support payment record, and no further evidence of the record keeper shall be required. (2) The certified copy of the custody and parental access or visitation orders shall be admitted as evidence of the current custodial and parental access or visitation status of the child without testimony of the record keeper of the transferor court.
(1) Upon receipt of the certified payment record from the transferor court, the transferee court shall admit the certified copy as evidence of payments made or not made. Testimony of the record keeper from the transferor court shall not be required. If the case is being enforced under Title IV-D of the Social Security Act the department's child support computer system, if operative for the transferor and transferee court at the time of the transfer, shall be used as the child support payment record, and no further evidence of the record keeper shall be required.
(2) The certified copy of the custody and parental access or visitation orders shall be admitted as evidence of the current custodial and parental access or visitation status of the child without testimony of the record keeper of the transferor court.
Acts 1997, ch. 551, § 5.
Tenn. Code Ann. § 36-5-403 — TN Code / Title 36 / Chapter 5 / Section 36-5-403
Powers of magistrate
Status: in_force

The magistrate shall have the same authority and power as a circuit court judge to issue any and all process and in conducting hearings and other proceedings in accordance with this part; provided, that all final orders of a magistrate must be reviewed by a judge as provided in § 36-5-405 . Acts 1985, ch. 477, § 13; Acts 2009, ch. 235, § 1.
The magistrate shall have the same authority and power as a circuit court judge to issue any and all process and in conducting hearings and other proceedings in accordance with this part; provided, that all final orders of a magistrate must be reviewed by a judge as provided in § 36-5-405 .
Acts 1985, ch. 477, § 13; Acts 2009, ch. 235, § 1.
Tenn. Code Ann. § 36-5-3007 — TN Code / Title 36 / Chapter 5 / Section 36-5-3007
Contest of transfer
Status: in_force

(a) A party may contest the transfer of the case by filing a motion in the transferor court for that purpose within fifteen (15) days of the mailing date of the notice from the requesting party. Unless it is shown by the nonrequesting party that notice of the request for transfer was not received, failure to contest the transfer request within the fifteen-day period waives an objection to the transfer request. (b) The contest of the transfer shall be limited to whether: (1) One (1) party or the child or children continue to reside in the transferor county; (2) The child or children have resided in the transferee county for at least six (6) months; or (3) In the case of a request for transfer alleging the child or children are residing outside this state: (A) The noncustodial parent/obligor resides in the county to which the case is to be transferred; or (B) (i) If the child or children have not resided outside this state for at least six (6) months, the custodial parent/obligee objects to the transfer; or (ii) The child or children and their custodial parent/obligee have resided outside this state for at least six (6) months. Acts 1997, ch. 551, § 5; 1998, ch. 1098, §§ 53, 54; 2000, ch. 922, § 35.
(a) A party may contest the transfer of the case by filing a motion in the transferor court for that purpose within fifteen (15) days of the mailing date of the notice from the requesting party. Unless it is shown by the nonrequesting party that notice of the request for transfer was not received, failure to contest the transfer request within the fifteen-day period waives an objection to the transfer request.
(b) The contest of the transfer shall be limited to whether: (1) One (1) party or the child or children continue to reside in the transferor county; (2) The child or children have resided in the transferee county for at least six (6) months; or (3) In the case of a request for transfer alleging the child or children are residing outside this state: (A) The noncustodial parent/obligor resides in the county to which the case is to be transferred; or (B) (i) If the child or children have not resided outside this state for at least six (6) months, the custodial parent/obligee objects to the transfer; or (ii) The child or children and their custodial parent/obligee have resided outside this state for at least six (6) months.
(1) One (1) party or the child or children continue to reside in the transferor county;
(2) The child or children have resided in the transferee county for at least six (6) months; or
(3) In the case of a request for transfer alleging the child or children are residing outside this state: (A) The noncustodial parent/obligor resides in the county to which the case is to be transferred; or (B) (i) If the child or children have not resided outside this state for at least six (6) months, the custodial parent/obligee objects to the transfer; or (ii) The child or children and their custodial parent/obligee have resided outside this state for at least six (6) months.
(A) The noncustodial parent/obligor resides in the county to which the case is to be transferred; or
(B) (i) If the child or children have not resided outside this state for at least six (6) months, the custodial parent/obligee objects to the transfer; or (ii) The child or children and their custodial parent/obligee have resided outside this state for at least six (6) months.
(i) If the child or children have not resided outside this state for at least six (6) months, the custodial parent/obligee objects to the transfer; or
(ii) The child or children and their custodial parent/obligee have resided outside this state for at least six (6) months.
Acts 1997, ch. 551, § 5; 1998, ch. 1098, §§ 53, 54; 2000, ch. 922, § 35.
Tenn. Code Ann. § 36-4-120 — TN Code / Title 36 / Chapter 4 / Section 36-4-120
Ill conduct defense
Status: in_force

(a) If the cause assigned for a divorce is that specified in § 36-4-101(a)(11) , the defendant may make defense by alleging and proving the ill conduct of the complainant as a justifiable cause for the conduct complained of, and on making out the defense to the satisfaction of the court, the bill may be dismissed with or without costs, in the discretion of the court. (b) But, if the court is of the opinion that the complainant is entitled to relief, it may be granted, according to the prayer of the bill, by annulling the marriage, or by ordering a separation, perpetual or temporary, or such other decree as the nature and circumstances of the case require. Code 1858, §§ 2466, 2467 (deriv. Acts 1835-1836, ch. 26, §§19, 20); Shan., §§ 4219, 4220; Code 1932, §§ 8444, 8445; T.C.A. (orig. ed.), §§ 36-818, 36-819; Acts 1998, ch. 1059, § 11.
(a) If the cause assigned for a divorce is that specified in § 36-4-101(a)(11) , the defendant may make defense by alleging and proving the ill conduct of the complainant as a justifiable cause for the conduct complained of, and on making out the defense to the satisfaction of the court, the bill may be dismissed with or without costs, in the discretion of the court.
(b) But, if the court is of the opinion that the complainant is entitled to relief, it may be granted, according to the prayer of the bill, by annulling the marriage, or by ordering a separation, perpetual or temporary, or such other decree as the nature and circumstances of the case require.
Code 1858, §§ 2466, 2467 (deriv. Acts 1835-1836, ch. 26, §§19, 20); Shan., §§ 4219, 4220; Code 1932, §§ 8444, 8445; T.C.A. (orig. ed.), §§ 36-818, 36-819; Acts 1998, ch. 1059, § 11.
Tenn. Code Ann. § 36-4-118 — TN Code / Title 36 / Chapter 4 / Section 36-4-118
Proof when ground is conviction of crime
Status: in_force

The proof that the defendant is a convict, or is sentenced to the penitentiary, if that is the cause relied upon for the divorce, shall be by the record of the conviction and sentence. Code 1858, § 2464 (deriv. Acts 1841-1842, ch. 133, § 3); Shan., §4217; Code 1932, § 8442; T.C.A. (orig. ed.), § 36-816.
The proof that the defendant is a convict, or is sentenced to the penitentiary, if that is the cause relied upon for the divorce, shall be by the record of the conviction and sentence.
Code 1858, § 2464 (deriv. Acts 1841-1842, ch. 133, § 3); Shan., §4217; Code 1932, § 8442; T.C.A. (orig. ed.), § 36-816.
Tenn. Code Ann. § 36-3-308 — TN Code / Title 36 / Chapter 3 / Section 36-3-308
Marriages during War Between the States validated
Status: in_force

All marriages contracted and entered into during the War Between the States (1861-1865) and duly solemnized, are declared valid, and the issue of these marriages are declared legitimate. Acts 1865-1866, ch. 58, § 1; Shan., § 4199; mod. Code 1932, § 8424; T.C.A. (orig. ed.), § 36-422.
All marriages contracted and entered into during the War Between the States (1861-1865) and duly solemnized, are declared valid, and the issue of these marriages are declared legitimate.
Acts 1865-1866, ch. 58, § 1; Shan., § 4199; mod. Code 1932, § 8424; T.C.A. (orig. ed.), § 36-422.
Tenn. Code Ann. § 36-4-115 — TN Code / Title 36 / Chapter 4 / Section 36-4-115
Form of proof
Status: in_force

Either party may take proof by depositions according to the rules or orders of the court, or have the witnesses examined in open court at pleasure. Code 1858, § 2462 (deriv. Acts 1835-1836, ch. 26, § 22); Shan., §4215; mod. Code 1932, § 8440; T.C.A. (orig. ed.), § 36-814.
Either party may take proof by depositions according to the rules or orders of the court, or have the witnesses examined in open court at pleasure.
Code 1858, § 2462 (deriv. Acts 1835-1836, ch. 26, § 22); Shan., §4215; mod. Code 1932, § 8440; T.C.A. (orig. ed.), § 36-814.
Tenn. Code Ann. § 36-5-704 — TN Code / Title 36 / Chapter 5 / Section 36-5-704
Stays of action - Issuance of decisions - Costs
Status: in_force

(a) If an obligor timely requests a hearing to contest the issue of compliance, or files a motion to modify support or requests that the support obligation be amended as provided in § 36-5-710 , the department shall stay the action and may not certify the name of the obligor to any licensing authority for noncompliance with an order of support until the department issues a written decision after a hearing that finds the obligor is not in compliance with an order of support or until the motion to modify or request to amend is decided, as the case may be; provided, that after a decision by the department 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. (b) The department shall issue its decision after hearing without undue delay. The department's administrative order must inform the obligor that a petition for judicial review of the department's decision must be filed within sixty (60) days of the date of the administrative order in accordance with the jurisdictional and judicial review provisions of § 36-5-1003 . The department shall send an attested copy of the decision to the obligor by regular mail to the obligor's most recent address of record and to any attorney representing the obligor in connection with the hearing under this part. (c) Notwithstanding any law to the contrary, the department is authorized to assess costs to the obligor of the unsuccessful appeal of notice of noncompliance. The department may, by motion in the court with jurisdiction over the support order, recover such costs against the obligor and the court shall direct the obligor to pay such costs to the department. (d) Any hearings held pursuant to this part shall be held at the department of human services' office nearest the obligor's home. Acts 1996, ch. 892, § 5; 1996, ch. 892, §§ 5, 15; 1998, ch. 1098, § 70.
(a) If an obligor timely requests a hearing to contest the issue of compliance, or files a motion to modify support or requests that the support obligation be amended as provided in § 36-5-710 , the department shall stay the action and may not certify the name of the obligor to any licensing authority for noncompliance with an order of support until the department issues a written decision after a hearing that finds the obligor is not in compliance with an order of support or until the motion to modify or request to amend is decided, as the case may be; provided, that after a decision by the department 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.
(b) The department shall issue its decision after hearing without undue delay. The department's administrative order must inform the obligor that a petition for judicial review of the department's decision must be filed within sixty (60) days of the date of the administrative order in accordance with the jurisdictional and judicial review provisions of § 36-5-1003 . The department shall send an attested copy of the decision to the obligor by regular mail to the obligor's most recent address of record and to any attorney representing the obligor in connection with the hearing under this part.
(c) Notwithstanding any law to the contrary, the department is authorized to assess costs to the obligor of the unsuccessful appeal of notice of noncompliance. The department may, by motion in the court with jurisdiction over the support order, recover such costs against the obligor and the court shall direct the obligor to pay such costs to the department.
(d) Any hearings held pursuant to this part shall be held at the department of human services' office nearest the obligor's home.
Acts 1996, ch. 892, § 5; 1996, ch. 892, §§ 5, 15; 1998, ch. 1098, § 70.
Tenn. Code Ann. § 36-3-109 — TN Code / Title 36 / Chapter 3 / Section 36-3-109
Issuance of license to drunks, insane persons or imbeciles forbidden
Status: in_force

No license shall be issued when it appears that the applicants or either of them is at the time drunk, insane or an imbecile. Acts 1937, ch. 81, § 3; C. Supp. 1950, § 8414.3; T.C.A. (orig. ed.), § 36-411.
No license shall be issued when it appears that the applicants or either of them is at the time drunk, insane or an imbecile.
Acts 1937, ch. 81, § 3; C. Supp. 1950, § 8414.3; T.C.A. (orig. ed.), § 36-411.
Tenn. Code Ann. § 36-5-2505 — TN Code / Title 36 / Chapter 5 / Section 36-5-2505
Penalties for noncompliance
Status: in_force

An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state. Acts 2010, ch. 901, § 1.
An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-701 — TN Code / Title 36 / Chapter 5 / Section 36-5-701
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Arrears" means any child support or spousal support associated with a child support order owed under a court or administrative order that is delinquent pursuant to § 36-5-501(b)(1) , or any interest owed on those arrears; (2) "Commissioner" means the commissioner of human services; (3) "Department" means the department of human services; (4) "License" means a license, certification, registration, permit, approval or other similar document issued to an individual evidencing admission to or granting authority to engage in a profession, trade, occupation, business, or industry, to hunt or fish, or to operate any motor vehicle or other conveyance, but does not include a license to practice law unless the supreme court establishes guidelines pursuant to § 36-5-713 making this part applicable to such license; (5) "Licensee" means any individual holding a license, certification, registration, permit, approval, or other similar document evidencing admission to, or granting authority to engage in a profession, trade, occupation, business, or industry, to hunt or fish, or to operate any motor vehicle or other conveyance, but "licensee" does not include an attorney only with respect to the attorney's license to practice law unless the supreme court establishes guidelines pursuant to § 36-5-713 making this part applicable to such license; (6) "Licensing authority" means the board, commission, or agency, including the department of safety, that has been established by statute or state regulation to oversee the issuance and regulation of any license. Excluded from this definition is the supreme court, unless the supreme court acts in accordance with § 36-5-713 , and any licensing authority established solely by the action and authority of a county or municipal government; (7) "Not in compliance with an order of support" means that the obligor is five hundred dollars ($500) or more in arrears and the arrears are ninety (90) days or more past due; (8) "Obligee" means any individual to whom a duty of support is owed or any state or political subdivision to whom such duty has been assigned or that is collecting support on behalf of an obligee; (9) "Obligor" means any individual owing a duty of support; (10) "Order of support" means any judgment or order for the support of dependent children issued by any court of this state or another state, including an order in a final decree of divorce, or any order issued in accordance with an administrative procedure established by state law in this or another state that affords substantial due process and is subject to judicial review; and (11) "Restricted license" means a license that allows a person to operate a motor vehicle for the limited purposes of going to and from and working at the person's regular place of employment and going to and from the person's school and does not include a commercial driver license of any kind. Amended by 2014 Tenn. Acts, ch. 852,s 1, eff. 7/1/2015. Acts 1996, ch. 892, § 2.
As used in this part, unless the context otherwise requires:
(1) "Arrears" means any child support or spousal support associated with a child support order owed under a court or administrative order that is delinquent pursuant to § 36-5-501(b)(1) , or any interest owed on those arrears;
(2) "Commissioner" means the commissioner of human services;
(3) "Department" means the department of human services;
(4) "License" means a license, certification, registration, permit, approval or other similar document issued to an individual evidencing admission to or granting authority to engage in a profession, trade, occupation, business, or industry, to hunt or fish, or to operate any motor vehicle or other conveyance, but does not include a license to practice law unless the supreme court establishes guidelines pursuant to § 36-5-713 making this part applicable to such license;
(5) "Licensee" means any individual holding a license, certification, registration, permit, approval, or other similar document evidencing admission to, or granting authority to engage in a profession, trade, occupation, business, or industry, to hunt or fish, or to operate any motor vehicle or other conveyance, but "licensee" does not include an attorney only with respect to the attorney's license to practice law unless the supreme court establishes guidelines pursuant to § 36-5-713 making this part applicable to such license;
(6) "Licensing authority" means the board, commission, or agency, including the department of safety, that has been established by statute or state regulation to oversee the issuance and regulation of any license. Excluded from this definition is the supreme court, unless the supreme court acts in accordance with § 36-5-713 , and any licensing authority established solely by the action and authority of a county or municipal government;
(7) "Not in compliance with an order of support" means that the obligor is five hundred dollars ($500) or more in arrears and the arrears are ninety (90) days or more past due;
(8) "Obligee" means any individual to whom a duty of support is owed or any state or political subdivision to whom such duty has been assigned or that is collecting support on behalf of an obligee;
(9) "Obligor" means any individual owing a duty of support;
(10) "Order of support" means any judgment or order for the support of dependent children issued by any court of this state or another state, including an order in a final decree of divorce, or any order issued in accordance with an administrative procedure established by state law in this or another state that affords substantial due process and is subject to judicial review; and
(11) "Restricted license" means a license that allows a person to operate a motor vehicle for the limited purposes of going to and from and working at the person's regular place of employment and going to and from the person's school and does not include a commercial driver license of any kind.
Amended by 2014 Tenn. Acts, ch. 852,s 1, eff. 7/1/2015.
Acts 1996, ch. 892, § 2.
Tenn. Code Ann. § 36-6-208 — TN Code / Title 36 / Chapter 6 / Section 36-6-208
Foreign countries - Human rights
Status: in_force

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this part. (b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under this part. (c) A court of this state need not apply this part if the child custody law of a foreign country violates fundamental principles of human rights. Acts 1999, ch. 389, § 9.
(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this part.
(b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under this part.
(c) A court of this state need not apply this part if the child custody law of a foreign country violates fundamental principles of human rights.
Acts 1999, ch. 389, § 9.
Tenn. Code Ann. § 36-5-808 — TN Code / Title 36 / Chapter 5 / Section 36-5-808
Statewide jurisdiction of department
Status: in_force

The department's authority and jurisdiction in issuing requests, administrative orders, or subpoenas pursuant to any administrative authority granted by law shall be statewide over all persons or entities in cases subject to its administrative procedures. Acts 1997, ch. 551, § 11.
The department's authority and jurisdiction in issuing requests, administrative orders, or subpoenas pursuant to any administrative authority granted by law shall be statewide over all persons or entities in cases subject to its administrative procedures.
Acts 1997, ch. 551, § 11.
Tenn. Code Ann. § 36-3-611 — TN Code / Title 36 / Chapter 3 / Section 36-3-611
Arrest for violation of protection order
Status: in_force

(a) An arrest for violation of an order of protection issued pursuant to this part may be with or without warrant. Any law enforcement officer shall arrest the respondent without a warrant if: (1) The officer has proper jurisdiction over the area in which the violation occurred; (2) The officer has reasonable cause to believe the respondent has violated or is in violation of an order for protection; and (3) The officer has verified whether an order of protection is in effect against the respondent. If necessary, the police officer may verify the existence of an order for protection by telephone or radio communication with the appropriate law enforcement department. (b) No ex parte order of protection can be enforced by arrest under this section until the respondent has been served with the order of protection or otherwise has acquired actual knowledge of such order. Acts 1979, ch. 350, § 13; T.C.A., § 36-1213; Acts 1987, ch. 270, §§ 9, 10.
(a) An arrest for violation of an order of protection issued pursuant to this part may be with or without warrant. Any law enforcement officer shall arrest the respondent without a warrant if: (1) The officer has proper jurisdiction over the area in which the violation occurred; (2) The officer has reasonable cause to believe the respondent has violated or is in violation of an order for protection; and (3) The officer has verified whether an order of protection is in effect against the respondent. If necessary, the police officer may verify the existence of an order for protection by telephone or radio communication with the appropriate law enforcement department.
(1) The officer has proper jurisdiction over the area in which the violation occurred;
(2) The officer has reasonable cause to believe the respondent has violated or is in violation of an order for protection; and
(3) The officer has verified whether an order of protection is in effect against the respondent. If necessary, the police officer may verify the existence of an order for protection by telephone or radio communication with the appropriate law enforcement department.
(b) No ex parte order of protection can be enforced by arrest under this section until the respondent has been served with the order of protection or otherwise has acquired actual knowledge of such order.
Acts 1979, ch. 350, § 13; T.C.A., § 36-1213; Acts 1987, ch. 270, §§ 9, 10.
Tenn. Code Ann. § 36-6-236 — TN Code / Title 36 / Chapter 6 / Section 36-6-236
Award of prevailing party fees, costs and expenses
Status: in_force

The court may award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings. The court may assess fees, costs, or expenses against a state pursuant to this part. Acts 1999, ch. 389, § 37.
The court may award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings. The court may assess fees, costs, or expenses against a state pursuant to this part.
Acts 1999, ch. 389, § 37.
Tenn. Code Ann. § 36-5-2615 — TN Code / Title 36 / Chapter 5 / Section 36-5-2615
Jurisdiction to modify child support order of foreign country
Status: in_force

(a) Except as otherwise provided in § 36-5-2711 , if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child support order otherwise required of the individual pursuant to § 36-5-2611 has been given or whether the individual seeking modification is a resident of this state or of the foreign country. (b) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order. Acts 2010, ch. 901, § 1.
(a) Except as otherwise provided in § 36-5-2711 , if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child support order otherwise required of the individual pursuant to § 36-5-2611 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
(b) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-1-105 — TN Code / Title 36 / Chapter 1 / Section 36-1-105
Violation of criminal provisions of part by state employee - Dismissal
Status: in_force

Any employee of the state of Tennessee who is convicted of the violation of any of the criminal provisions of this part shall be instantly dismissed from the state service and shall never again be eligible for employment in state service. Acts 1995, ch. 532, § 1.
Any employee of the state of Tennessee who is convicted of the violation of any of the criminal provisions of this part shall be instantly dismissed from the state service and shall never again be eligible for employment in state service.
Acts 1995, ch. 532, § 1.
Tenn. Code Ann. § 36-8-102 — TN Code / Title 36 / Chapter 8 / Section 36-8-102
Chapter definitions
Status: in_force

As used in this chapter: (1) "Biometric data": (A) Means data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, voiceprint, eye retina or iris, or other unique biological pattern or characteristic, that is used to identify a specific individual; (B) Does not include a physical or digital photograph, a video or audio recording, or data generated from the recording, or information collected, used, or stored for healthcare treatment, payment, or operations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.); and (C) Does not include data or information collected, used, or stored for law enforcement purposes; (2) "Child" means an unemancipated, unmarried individual who has not attained eighteen (18) years of age; (3) "Decision-making authority" means the power granted by the state to a nonparent to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel; (4) "Government entity" means any branch, department, agency, commission, or instrumentality of state government, any official or other person acting under color of state law, or any political subdivision of the state; and (5) "Parent" means a biological, legal, or adoptive parent or an individual who has been granted decision-making authority over the child under state law. Added by 2024 Tenn. Acts, ch. 1061,s 1, eff. 7/1/2024.
As used in this chapter:
(1) "Biometric data": (A) Means data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, voiceprint, eye retina or iris, or other unique biological pattern or characteristic, that is used to identify a specific individual; (B) Does not include a physical or digital photograph, a video or audio recording, or data generated from the recording, or information collected, used, or stored for healthcare treatment, payment, or operations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.); and (C) Does not include data or information collected, used, or stored for law enforcement purposes;
(A) Means data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, voiceprint, eye retina or iris, or other unique biological pattern or characteristic, that is used to identify a specific individual;
(B) Does not include a physical or digital photograph, a video or audio recording, or data generated from the recording, or information collected, used, or stored for healthcare treatment, payment, or operations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.); and
(C) Does not include data or information collected, used, or stored for law enforcement purposes;
(2) "Child" means an unemancipated, unmarried individual who has not attained eighteen (18) years of age;
(3) "Decision-making authority" means the power granted by the state to a nonparent to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel;
(4) "Government entity" means any branch, department, agency, commission, or instrumentality of state government, any official or other person acting under color of state law, or any political subdivision of the state; and
(5) "Parent" means a biological, legal, or adoptive parent or an individual who has been granted decision-making authority over the child under state law.
Added by 2024 Tenn. Acts, ch. 1061,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 36-5-108 — TN Code / Title 36 / Chapter 5 / Section 36-5-108
Reserved
Status: repealed

Acts 1985, ch. 477, § 20; repealed by Acts 2012 , ch. 673, § 3, effective 7/1/2012.
Tenn. Code Ann. § 36-6-611 — TN Code / Title 36 / Chapter 6 / Section 36-6-611
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Acts 2010, ch. 832, § 1.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Acts 2010, ch. 832, § 1.
Tenn. Code Ann. § 36-4-104 — TN Code / Title 36 / Chapter 4 / Section 36-4-104
Residence requirements
Status: in_force

(a) A divorce may be granted for any of the causes referenced in § 36-4-101 if the acts complained of were committed while the plaintiff was a bona fide resident of this state or if the acts complained of were committed out of this state and the plaintiff resided out of the state at the time, if the plaintiff or the defendant has resided in this state six (6) months next preceding the filing of the complaint. (b) For the purposes of this section, any person in the armed services of the United States, or the spouse of any such person, who has been living in this state for a period of not less than one (1) year shall be presumed to be a resident of this state, and the presumption of residence shall be overcome only by clear and convincing evidence of a domicile elsewhere. Code 1858, § 2450 (deriv. Acts 1799, ch. 19, § 7; 1835-1836, ch. 26, § 1; 1839-1840, ch. 54, § 1; 1845-1846, ch. 67, § 1); Shan., §4203; Code 1932, § 8428; Acts 1957, ch. 274, § 1; 1971, ch. 363, § 1; 1973, ch. 219, § 1; 1976, ch. 548, § 1; T.C.A. (orig. ed.), § 36-803.
(a) A divorce may be granted for any of the causes referenced in § 36-4-101 if the acts complained of were committed while the plaintiff was a bona fide resident of this state or if the acts complained of were committed out of this state and the plaintiff resided out of the state at the time, if the plaintiff or the defendant has resided in this state six (6) months next preceding the filing of the complaint.
(b) For the purposes of this section, any person in the armed services of the United States, or the spouse of any such person, who has been living in this state for a period of not less than one (1) year shall be presumed to be a resident of this state, and the presumption of residence shall be overcome only by clear and convincing evidence of a domicile elsewhere.
Code 1858, § 2450 (deriv. Acts 1799, ch. 19, § 7; 1835-1836, ch. 26, § 1; 1839-1840, ch. 54, § 1; 1845-1846, ch. 67, § 1); Shan., §4203; Code 1932, § 8428; Acts 1957, ch. 274, § 1; 1971, ch. 363, § 1; 1973, ch. 219, § 1; 1976, ch. 548, § 1; T.C.A. (orig. ed.), § 36-803.
Tenn. Code Ann. § 36-5-3102 — TN Code / Title 36 / Chapter 5 / Section 36-5-3102
Part definitions
Status: in_force

As used in this part, unless the context otherwise clearly requires: (1) "Clerk" means the clerk of the original or registering court, or the clerk of any court who has been designated by either of those courts to collect support payments for such court; (2) "Court" means a juvenile, circuit, or chancery court or other court of this state with jurisdiction to enter support or custody orders; (3) "Department" means the department of human services or its contractor; (4) "Issuing court" means the court that entered the order sought to be enforced in the registering court; (5) "Nonrequesting party" means the party against whom a registered order is sought to be enforced; (6) "Obligee" means an individual or agency to whom a support obligation is owed by an obligor; (7) "Obligor" means an individual against whom a support order has been entered; and (8) "Registering court" means the court in which a support order is registered for enforcement only. Acts 1997, ch. 551, § 6.
As used in this part, unless the context otherwise clearly requires:
(1) "Clerk" means the clerk of the original or registering court, or the clerk of any court who has been designated by either of those courts to collect support payments for such court;
(2) "Court" means a juvenile, circuit, or chancery court or other court of this state with jurisdiction to enter support or custody orders;
(3) "Department" means the department of human services or its contractor;
(4) "Issuing court" means the court that entered the order sought to be enforced in the registering court;
(5) "Nonrequesting party" means the party against whom a registered order is sought to be enforced;
(6) "Obligee" means an individual or agency to whom a support obligation is owed by an obligor;
(7) "Obligor" means an individual against whom a support order has been entered; and
(8) "Registering court" means the court in which a support order is registered for enforcement only.
Acts 1997, ch. 551, § 6.
Tenn. Code Ann. § 36-1-303 — TN Code / Title 36 / Chapter 1 / Section 36-1-303
[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. § 36-7-106 — TN Code / Title 36 / Chapter 7 / Section 36-7-106
Duty to notify of change of address
Status: in_force

(a) Except as otherwise provided in subsection (b), an individual to whom custodial responsibility has been granted during deployment pursuant to part 2 or 3 of this chapter shall notify the deploying parent and any other person with custodial responsibility of a child of any change of the individual's mailing address or residence until the grant is terminated. The individual shall provide the notice to any court that has issued a custody or child support order concerning the child which is in effect. (b) If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification under subsection (a) may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been granted. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
(a) Except as otherwise provided in subsection (b), an individual to whom custodial responsibility has been granted during deployment pursuant to part 2 or 3 of this chapter shall notify the deploying parent and any other person with custodial responsibility of a child of any change of the individual's mailing address or residence until the grant is terminated. The individual shall provide the notice to any court that has issued a custody or child support order concerning the child which is in effect.
(b) If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification under subsection (a) may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been granted.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-2-317 — TN Code / Title 36 / Chapter 2 / Section 36-2-317
Official references to illegitimacy
Status: in_force

No explicit references shall be made to illegitimacy in any legal proceeding, record, certificates or other papers except the departments of human services and health may keep records of out-of-wedlock births. Acts 1997, ch. 477, § 1.
No explicit references shall be made to illegitimacy in any legal proceeding, record, certificates or other papers except the departments of human services and health may keep records of out-of-wedlock births.
Acts 1997, ch. 477, § 1.
Tenn. Code Ann. § 36-7-203 — TN Code / Title 36 / Chapter 7 / Section 36-7-203
Modification of agreement
Status: in_force

(a) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this part. (b) If an agreement is modified under subsection (a) before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement approved by the court. (c) If an agreement is modified under subsection (a) during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement approved by the court. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
(a) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this part.
(b) If an agreement is modified under subsection (a) before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement approved by the court.
(c) If an agreement is modified under subsection (a) during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement approved by the court.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-5-2711 — TN Code / Title 36 / Chapter 5 / Section 36-5-2711
Modification of Convention child support order
Status: in_force

(a) A tribunal of this state may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless: (1) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or (2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order. (b) If a tribunal of this state does not modify a Convention child support order because the order is not recognized in this state, § 36-5-2708(c) applies. Acts 2010, ch. 901, § 1.
(a) A tribunal of this state may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless: (1) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or (2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(1) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(b) If a tribunal of this state does not modify a Convention child support order because the order is not recognized in this state, § 36-5-2708(c) applies.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-1101 — TN Code / Title 36 / Chapter 5 / Section 36-5-1101
Part definitions
Status: in_force

As used in this part, unless the context requires otherwise: (1) "Business day" means a day on which state offices are open for regular business; (2) "Commissioner" means the commissioner of human services or the commissioner's duly authorized representative; (3) "Department" means the department of human services or its contractor or other designee; (4) "Directory of new hires" means an automated directory of information, supplied by employers on each newly hired or rehired employee, which is maintained by the department of human services; (5) "Employee" means an individual who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986 ( 26 U.S.C. § 3401 et seq.), but does not include an employee of a federal or state agency performing intelligence or counterintelligence functions, if the head of that agency has determined that reporting pursuant to the requirements of this part with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission; (6) "Employer" has the meaning given such term in § 3401(d) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 3401(d) ), and includes any governmental entity and any labor organization; (7) "Labor organization" has the meaning given such term in § 2(5) of the National Labor Relations Act ( 29 U.S.C. § 152(5) ), and includes any entity, also known as a "hiring hall", that is used by the organization and an employer to carry out requirements of § 8(f)(3) of such Act ( 29 U.S.C. § 158(f)(3) ), of an agreement between the organization and the employer; and (8) "Title IV-D agency" means the agency designated pursuant to Title IV, Part D of the Social Security Act ( 42 U.S.C. § 651 et seq.), to provide services to children and families to establish and enforce child support obligations. In Tennessee, the department of human services is the Title IV-D agency. Acts 1997 , ch. 551, § 1.
As used in this part, unless the context requires otherwise:
(1) "Business day" means a day on which state offices are open for regular business;
(2) "Commissioner" means the commissioner of human services or the commissioner's duly authorized representative;
(3) "Department" means the department of human services or its contractor or other designee;
(4) "Directory of new hires" means an automated directory of information, supplied by employers on each newly hired or rehired employee, which is maintained by the department of human services;
(5) "Employee" means an individual who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986 ( 26 U.S.C. § 3401 et seq.), but does not include an employee of a federal or state agency performing intelligence or counterintelligence functions, if the head of that agency has determined that reporting pursuant to the requirements of this part with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission;
(6) "Employer" has the meaning given such term in § 3401(d) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 3401(d) ), and includes any governmental entity and any labor organization;
(7) "Labor organization" has the meaning given such term in § 2(5) of the National Labor Relations Act ( 29 U.S.C. § 152(5) ), and includes any entity, also known as a "hiring hall", that is used by the organization and an employer to carry out requirements of § 8(f)(3) of such Act ( 29 U.S.C. § 158(f)(3) ), of an agreement between the organization and the employer; and
(8) "Title IV-D agency" means the agency designated pursuant to Title IV, Part D of the Social Security Act ( 42 U.S.C. § 651 et seq.), to provide services to children and families to establish and enforce child support obligations. In Tennessee, the department of human services is the Title IV-D agency.
Acts 1997 , ch. 551, § 1.
Tenn. Code Ann. § 36-1-302 — TN Code / Title 36 / Chapter 1 / Section 36-1-302
[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. § 36-7-305 — TN Code / Title 36 / Chapter 7 / Section 36-7-305
Effect of prior judicial order or agreement
Status: in_force

In a proceeding for a grant of custodial responsibility pursuant to this part, the following rules apply: (1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this state other than this chapter for modifying a judicial order regarding custodial responsibility; and (2) The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement or modification executed under part 2 of this chapter, unless the court finds that the agreement is contrary to the best interest of the child. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
In a proceeding for a grant of custodial responsibility pursuant to this part, the following rules apply:
(1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this state other than this chapter for modifying a judicial order regarding custodial responsibility; and
(2) The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement or modification executed under part 2 of this chapter, unless the court finds that the agreement is contrary to the best interest of the child.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-6-104 — TN Code / Title 36 / Chapter 6 / Section 36-6-104
Copy of child's school records - Furnishing to noncustodial or nonresident parents
Status: in_force

(a) Any parent who does not have custody of a child, or in the case of parents having joint custody of a child, the parent not residing with the child, or in the case of a child in the custody of a legal guardian, both parents, may request, in writing, that a copy of the child's report card, notice of school attendance, names of teachers, class schedules, standardized test scores and any other records customarily available to parents be furnished directly to such noncustodial or nonresident parent, and such request shall be accompanied by the parent's or parents' current mailing address, and the local education agency (LEA) shall send a copy of the report card, notice of school attendance, names of teachers, class schedules, standardized test scores and any other records customarily available to parents to such address. (b) The LEA shall provide proof of a child's graduation from high school to the department of human services, the department's contractor, or either of the child's parents within twenty (20) business days of the department's, the department's contractor, or the parent's or parents' written request for such proof. The LEA shall not include any information that would violate any provisions protecting the child's privacy, or § 36-5-101(c)(2)(B)(iv) . (c) Any judge having jurisdiction over the custody of such a child may, upon a showing of good cause, deny any information concerning the residence of the child to the noncustodial or nonresident parent. Acts 1986, ch. 579, § 1; 1987, ch. 372, §§ 1, 2; 1997, ch. 351, § 2; 2004, ch. 906, § 4.
(a) Any parent who does not have custody of a child, or in the case of parents having joint custody of a child, the parent not residing with the child, or in the case of a child in the custody of a legal guardian, both parents, may request, in writing, that a copy of the child's report card, notice of school attendance, names of teachers, class schedules, standardized test scores and any other records customarily available to parents be furnished directly to such noncustodial or nonresident parent, and such request shall be accompanied by the parent's or parents' current mailing address, and the local education agency (LEA) shall send a copy of the report card, notice of school attendance, names of teachers, class schedules, standardized test scores and any other records customarily available to parents to such address.
(b) The LEA shall provide proof of a child's graduation from high school to the department of human services, the department's contractor, or either of the child's parents within twenty (20) business days of the department's, the department's contractor, or the parent's or parents' written request for such proof. The LEA shall not include any information that would violate any provisions protecting the child's privacy, or § 36-5-101(c)(2)(B)(iv) .
(c) Any judge having jurisdiction over the custody of such a child may, upon a showing of good cause, deny any information concerning the residence of the child to the noncustodial or nonresident parent.
Acts 1986, ch. 579, § 1; 1987, ch. 372, §§ 1, 2; 1997, ch. 351, § 2; 2004, ch. 906, § 4.
Tenn. Code Ann. § 36-5-809 — TN Code / Title 36 / Chapter 5 / Section 36-5-809
Enforcement of out-of-state requests, administrative orders and administrative subpoenas
Status: in_force

(a) Administrative orders, subpoenas or requests of child support enforcement agencies of other states or territories seeking to conduct any of the activities provided in this part shall receive full faith and credit and shall be enforceable against persons or entities in this state. (b) The administrative orders, subpoenas, and requests issued by such agencies may be enforced upon their behalf, upon their request, by the department or its Title IV-D contractors pursuant to the requirements of § 36-5-811 or § 36-5-812 . Acts 1997, ch. 551, § 11; 1998, ch. 1098, §§ 32, 33.
(a) Administrative orders, subpoenas or requests of child support enforcement agencies of other states or territories seeking to conduct any of the activities provided in this part shall receive full faith and credit and shall be enforceable against persons or entities in this state.
(b) The administrative orders, subpoenas, and requests issued by such agencies may be enforced upon their behalf, upon their request, by the department or its Title IV-D contractors pursuant to the requirements of § 36-5-811 or § 36-5-812 .
Acts 1997, ch. 551, § 11; 1998, ch. 1098, §§ 32, 33.
Tenn. Code Ann. § 36-1-132 — TN Code / Title 36 / Chapter 1 / Section 36-1-132
[Repealed]
Status: repealed

Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 119; 1996, ch. 1068, § 1; 1998, ch. 1002, § 1.
Tenn. Code Ann. § 36-5-110 — TN Code / Title 36 / Chapter 5 / Section 36-5-110
Termination of Acts 1985, ch. 477
Status: in_force

(a) If any provision of the federal law that mandates any provision of chapter 477 of the Public Acts of 1985 is declared to be unconstitutional by the supreme court of the United States, any such provision of such act shall cease to be effective one (1) year from the date of such supreme court decision. (b) Enactment of chapter 477 of the Public Acts of 1985 is dependent on the availability of federal funding for its implementation, and if, at any time, such federal funding becomes unavailable, such act is thereby rendered repealed, null and void, and of no effect. Acts 1985, ch. 477, §§ 23, 24.
(a) If any provision of the federal law that mandates any provision of chapter 477 of the Public Acts of 1985 is declared to be unconstitutional by the supreme court of the United States, any such provision of such act shall cease to be effective one (1) year from the date of such supreme court decision.
(b) Enactment of chapter 477 of the Public Acts of 1985 is dependent on the availability of federal funding for its implementation, and if, at any time, such federal funding becomes unavailable, such act is thereby rendered repealed, null and void, and of no effect.
Acts 1985, ch. 477, §§ 23, 24.
Tenn. Code Ann. § 36-5-2319 — TN Code / Title 36 / Chapter 5 / Section 36-5-2319
Receipt and disbursement of payments
Status: in_force

(a) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received. (b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall: (1) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and (2) Issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments. (c) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (b) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received. Acts 2010, ch. 901, § 1.
(a) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.
(b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall: (1) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and (2) Issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.
(1) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and
(2) Issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.
(c) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (b) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-6-703 — TN Code / Title 36 / Chapter 6 / Section 36-6-703
Restrictions on reunification - Best interest of the child - Written findings required
Status: in_force

(a) In a custody proceeding, a court shall take into account the training as required by § 36-6-702 . (b) In a proceeding in which a court makes a custody determination, the court shall not order reunification treatment to reestablish a relationship with a parent or caregiver if a court has made findings against the parent or caregiver under § 36-6-406(a) or (c) or § 37-1-102(b)(27) unless the court finds that reunification efforts are in the best interest of the child. The court shall file written findings of fact that are the basis of its conclusions on that issue in the order addressing reunification. An order of reunification must not cut off contact with a parent who is non-abusive. (c) In any proceeding in which a court makes an initial custody or custody modification determination after a court has made findings against a parent or caregiver under § 36-6-406(a) or (c) or § 37-1-102(b)(27) , the court shall not issue an order restoring parenting time of the child to the parent or caregiver unless the court finds that the child will not be subject to further abuse or harm. The court shall file written findings of fact that are the basis of its conclusions on that issue in the order addressing parenting time. Added by 2024 Tenn. Acts, ch. 799,s 4, eff. 4/23/2024.
(a) In a custody proceeding, a court shall take into account the training as required by § 36-6-702 .
(b) In a proceeding in which a court makes a custody determination, the court shall not order reunification treatment to reestablish a relationship with a parent or caregiver if a court has made findings against the parent or caregiver under § 36-6-406(a) or (c) or § 37-1-102(b)(27) unless the court finds that reunification efforts are in the best interest of the child. The court shall file written findings of fact that are the basis of its conclusions on that issue in the order addressing reunification. An order of reunification must not cut off contact with a parent who is non-abusive.
(c) In any proceeding in which a court makes an initial custody or custody modification determination after a court has made findings against a parent or caregiver under § 36-6-406(a) or (c) or § 37-1-102(b)(27) , the court shall not issue an order restoring parenting time of the child to the parent or caregiver unless the court finds that the child will not be subject to further abuse or harm. The court shall file written findings of fact that are the basis of its conclusions on that issue in the order addressing parenting time.
Added by 2024 Tenn. Acts, ch. 799,s 4, eff. 4/23/2024.
Tenn. Code Ann. § 36-1-203 — TN Code / Title 36 / Chapter 1 / Section 36-1-203
Documentation of eligibility
Status: in_force

For the purpose of determining eligibility for any benefit under this part from the state of Tennessee, the adoptive parents of any child on whose behalf benefits are sought shall annually furnish the department of children's services documentation establishing that the adoption assistance agreement continues in force or has been renewed. Acts 1985, ch. 35, § 3; 1996, ch. 1079, § 69.
For the purpose of determining eligibility for any benefit under this part from the state of Tennessee, the adoptive parents of any child on whose behalf benefits are sought shall annually furnish the department of children's services documentation establishing that the adoption assistance agreement continues in force or has been renewed.
Acts 1985, ch. 35, § 3; 1996, ch. 1079, § 69.
Tenn. Code Ann. § 36-3-608 — TN Code / Title 36 / Chapter 3 / Section 36-3-608
Duration of protection order - Modification
Status: in_force

(a) All orders of protection shall be effective for a fixed period of time, not to exceed one (1) year. (b) The court may modify its order at any time upon subsequent motion filed by either party together with an affidavit showing a change in circumstances sufficient to warrant the modification. Acts 1979, ch. 350, § 10; T.C.A., § 36-1210.
(a) All orders of protection shall be effective for a fixed period of time, not to exceed one (1) year.
(b) The court may modify its order at any time upon subsequent motion filed by either party together with an affidavit showing a change in circumstances sufficient to warrant the modification.
Acts 1979, ch. 350, § 10; T.C.A., § 36-1210.
Tenn. Code Ann. § 36-7-105 — TN Code / Title 36 / Chapter 7 / Section 36-7-105
Notification of pending deployment - Proposed plan for custodial responsibility during deployment
Status: in_force

(a) Except as otherwise provided in subsection (d) and subject to subsection (c), a deploying parent shall notify in a record the other parent of a pending deployment not later than seven (7) days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent giving notification within the seven (7) days, the deploying parent shall give the notification as soon as reasonably possible. (b) Except as otherwise provided in subsection (d) and subject to subsection (c), each parent shall provide in a record the other parent with a proposed plan for fulfilling that parent's share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under subsection (a). (c) If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under subsection (a), or notification of a plan for custodial responsibility during deployment under subsection (b), may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent. (d) Notification in a record under subsection (a) or (b) is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan. (e) In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent's efforts to comply with this section. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
(a) Except as otherwise provided in subsection (d) and subject to subsection (c), a deploying parent shall notify in a record the other parent of a pending deployment not later than seven (7) days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent giving notification within the seven (7) days, the deploying parent shall give the notification as soon as reasonably possible.
(b) Except as otherwise provided in subsection (d) and subject to subsection (c), each parent shall provide in a record the other parent with a proposed plan for fulfilling that parent's share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under subsection (a).
(c) If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under subsection (a), or notification of a plan for custodial responsibility during deployment under subsection (b), may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.
(d) Notification in a record under subsection (a) or (b) is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.
(e) In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent's efforts to comply with this section.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-7-302 — TN Code / Title 36 / Chapter 7 / Section 36-7-302
Proceeding for temporary custody order
Status: in_force

(a) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Service Members Civil Relief Act (50 U.S.C. Appendix Sections 521 and 522), and may not issue a permanent order granting custodial responsibility without the consent of the deploying parent. (b) At any time after a deploying parent receives notice of deployment, either parent may file an action regarding custodial responsibility of a child during deployment. A motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under § 36-7-104 or, if there is no pending proceeding in a court with jurisdiction under § 36-7-104 , in a new complaint for granting custodial responsibility during deployment. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
(a) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Service Members Civil Relief Act (50 U.S.C. Appendix Sections 521 and 522), and may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(b) At any time after a deploying parent receives notice of deployment, either parent may file an action regarding custodial responsibility of a child during deployment. A motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under § 36-7-104 or, if there is no pending proceeding in a court with jurisdiction under § 36-7-104 , in a new complaint for granting custodial responsibility during deployment.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-5-2317 — TN Code / Title 36 / Chapter 5 / Section 36-5-2317
Communications between tribunals
Status: in_force

A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state. Acts 2010, ch. 901, § 1.
A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-2613 — TN Code / Title 36 / Chapter 5 / Section 36-5-2613
Jurisdiction to modify child support order of another state when individual parties reside in this state
Status: in_force

(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order. (b) A tribunal of this state exercising jurisdiction under this section shall apply parts 21 and 22 of this chapter and the procedural and substantive law of this state to the proceeding for enforcement or modification. Parts 23, 24, 25, 27 and 28 of this chapter do not apply. Acts 2010 , ch. 901, § 1.
(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
(b) A tribunal of this state exercising jurisdiction under this section shall apply parts 21 and 22 of this chapter and the procedural and substantive law of this state to the proceeding for enforcement or modification. Parts 23, 24, 25, 27 and 28 of this chapter do not apply.
Acts 2010 , ch. 901, § 1.
Tenn. Code Ann. § 36-6-604 — TN Code / Title 36 / Chapter 6 / Section 36-6-604
Actions for abduction prevention measures
Status: in_force

(a) A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child. (b) A party to a child-custody determination or another individual or entity having a right under the law of this state or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this part. (c) A prosecutor or public authority designated under § 36-6-239 may seek a warrant to take physical custody of a child under § 36-6-609 or other appropriate prevention measures. Acts 2010, ch. 832, § 1.
(a) A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.
(b) A party to a child-custody determination or another individual or entity having a right under the law of this state or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this part.
(c) A prosecutor or public authority designated under § 36-6-239 may seek a warrant to take physical custody of a child under § 36-6-609 or other appropriate prevention measures.
Acts 2010, ch. 832, § 1.
Tenn. Code Ann. § 36-3-623 — TN Code / Title 36 / Chapter 3 / Section 36-3-623
Confidentiality of records of shelters, centers, providers
Status: in_force

(a) The records of domestic violence shelters, rape crisis centers, and human trafficking service providers shall be treated as confidential by the records custodian of such shelters, centers, or providers unless: (1) The individual to whom the records pertain authorizes their release; or (2) A court approves a subpoena for the records, subject to such restrictions as the court may impose, including in camera review. (b) As used in this section, "human trafficking service providers" means agencies or groups that are incorporated as a not-for-profit organization for at least six (6) months, are tax-exempt under § 501 of the Internal Revenue Code ( 26 U.S.C. § 501 ), and that have provided services to victims of human trafficking. Amended by 2018 Tenn. Acts, ch. 613, s 1, eff. 7/1/2018. Acts 1999, ch. 344, § 5; 2005, ch. 226, § 1.
(a) The records of domestic violence shelters, rape crisis centers, and human trafficking service providers shall be treated as confidential by the records custodian of such shelters, centers, or providers unless: (1) The individual to whom the records pertain authorizes their release; or (2) A court approves a subpoena for the records, subject to such restrictions as the court may impose, including in camera review.
(1) The individual to whom the records pertain authorizes their release; or
(2) A court approves a subpoena for the records, subject to such restrictions as the court may impose, including in camera review.
(b) As used in this section, "human trafficking service providers" means agencies or groups that are incorporated as a not-for-profit organization for at least six (6) months, are tax-exempt under § 501 of the Internal Revenue Code ( 26 U.S.C. § 501 ), and that have provided services to victims of human trafficking.
Amended by 2018 Tenn. Acts, ch. 613, s 1, eff. 7/1/2018.
Acts 1999, ch. 344, § 5; 2005, ch. 226, § 1.
Tenn. Code Ann. § 36-2-306 — TN Code / Title 36 / Chapter 2 / Section 36-2-306
Statute of limitations
Status: in_force

An action to establish the parentage of a child may be instituted before or after the birth of the child and until three (3) years beyond the child's age of majority. This chapter shall not affect the relationship of parent and child as established in § 31-2-105 . Acts 1997, ch. 477, § 1.
An action to establish the parentage of a child may be instituted before or after the birth of the child and until three (3) years beyond the child's age of majority. This chapter shall not affect the relationship of parent and child as established in § 31-2-105 .
Acts 1997, ch. 477, § 1.
Tenn. Code Ann. § 36-3-505 — TN Code / Title 36 / Chapter 3 / Section 36-3-505
Tenancies by entirety unaffected
Status: in_force

Nothing in § 36-3-504 shall be construed as abolishing tenancies by the entirety. Acts 1919, ch. 126, § 2; Shan. Supp., § 4249a5; mod. Code 1932, § 8461; Acts 1976, ch. 529, § 20; T.C.A. (orig. ed.), § 36-602.
Nothing in § 36-3-504 shall be construed as abolishing tenancies by the entirety.
Acts 1919, ch. 126, § 2; Shan. Supp., § 4249a5; mod. Code 1932, § 8461; Acts 1976, ch. 529, § 20; T.C.A. (orig. ed.), § 36-602.
Tenn. Code Ann. § 36-5-1102 — TN Code / Title 36 / Chapter 5 / Section 36-5-1102
Reports of new employees
Status: in_force

Effective October 1, 1997, each employer shall furnish to the department a report that contains the name, address, hire date and social security number of each newly hired employee, and the name, address, and identifying number of the employer assigned under § 6109 of the Internal Revenue Code of 1986 ( 26 U.S.C. § 6109 ). Acts 1997 , ch. 551, § 1; 2001, ch. 447, § 9.
Effective October 1, 1997, each employer shall furnish to the department a report that contains the name, address, hire date and social security number of each newly hired employee, and the name, address, and identifying number of the employer assigned under § 6109 of the Internal Revenue Code of 1986 ( 26 U.S.C. § 6109 ).
Acts 1997 , ch. 551, § 1; 2001, ch. 447, § 9.
Tenn. Code Ann. § 36-5-2606 — TN Code / Title 36 / Chapter 5 / Section 36-5-2606
Procedure to contest validity or enforcement of registered support order
Status: in_force

(a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by § 36-5-2605 . The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to § 36-5-2607 . (b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law. (c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. Acts 2010, ch. 901, § 1.
(a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by § 36-5-2605 . The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to § 36-5-2607 .
(b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-1-110 — TN Code / Title 36 / Chapter 1 / Section 36-1-110
Parent under eighteen years of age - Surrender
Status: in_force

(a) A parent who has not reached eighteen (18) years of age shall have the legal capacity to surrender a child or otherwise give parental consent to adoption or execute a waiver of interest and to release such parent's rights to a child, and shall be as fully bound thereby as if the parent had attained eighteen (18) years of age. (b) The court shall have the authority to appoint a guardian ad litem for the minor parent of a child who may be surrendered or for whom a parental consent or waiver of interest is given if deemed necessary to advise and assist the minor parent with respect to surrender, parental consent, waiver, or termination of the minor parent's parental rights. Acts 1951, ch. 202, § 8 (Williams, § 9572.22); T.C.A. (orig. ed.), § 36-109; § 36-1-109 ; Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 20.
(a) A parent who has not reached eighteen (18) years of age shall have the legal capacity to surrender a child or otherwise give parental consent to adoption or execute a waiver of interest and to release such parent's rights to a child, and shall be as fully bound thereby as if the parent had attained eighteen (18) years of age.
(b) The court shall have the authority to appoint a guardian ad litem for the minor parent of a child who may be surrendered or for whom a parental consent or waiver of interest is given if deemed necessary to advise and assist the minor parent with respect to surrender, parental consent, waiver, or termination of the minor parent's parental rights.
Acts 1951, ch. 202, § 8 (Williams, § 9572.22); T.C.A. (orig. ed.), § 36-109; § 36-1-109 ; Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 20.
Tenn. Code Ann. § 36-3-405 — TN Code / Title 36 / Chapter 3 / Section 36-3-405
Joinder with other actions prohibited
Status: in_force

No action for the breach of promise of marriage can be joined or tried with any other action for damages. Acts 1949, ch. 161, § 5; C. Supp. 1950, § 8462.5 (Williams, § 9720.9); T.C.A. (orig. ed.), § 36-705.
No action for the breach of promise of marriage can be joined or tried with any other action for damages.
Acts 1949, ch. 161, § 5; C. Supp. 1950, § 8462.5 (Williams, § 9720.9); T.C.A. (orig. ed.), § 36-705.
Tenn. Code Ann. § 36-6-612 — TN Code / Title 36 / Chapter 6 / Section 36-6-612
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede § 101(c) of the act ( 15 U.S.C. § 7001(c) ), or authorize electronic delivery of any of the notices described in § 103(b) of that act ( 15 U.S.C. § 7003(b) ). Acts 2010, ch. 832, § 1.
This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede § 101(c) of the act ( 15 U.S.C. § 7001(c) ), or authorize electronic delivery of any of the notices described in § 103(b) of that act ( 15 U.S.C. § 7003(b) ).
Acts 2010, ch. 832, § 1.
Tenn. Code Ann. § 36-5-3001 — TN Code / Title 36 / Chapter 5 / Section 36-5-3001
Purposes and construction of part and limitation of scope of part
Status: in_force

(a) The purpose of this part is to provide procedures for the intercounty enforcement and modification of child support and child custody cases and shall be liberally construed to effectuate its purposes. (b) The provisions for transfer in this part shall not apply to cases in any court regarding petitions for dependency and neglect, delinquency, unruly behavior, terminations of parental rights or adoptions pursuant to this title and title 37. Acts 1997, ch. 551, § 5.
(a) The purpose of this part is to provide procedures for the intercounty enforcement and modification of child support and child custody cases and shall be liberally construed to effectuate its purposes.
(b) The provisions for transfer in this part shall not apply to cases in any court regarding petitions for dependency and neglect, delinquency, unruly behavior, terminations of parental rights or adoptions pursuant to this title and title 37.
Acts 1997, ch. 551, § 5.
Tenn. Code Ann. § 36-6-307 — TN Code / Title 36 / Chapter 6 / Section 36-6-307
Determination of best interests of child for grandparent visitations
Status: in_force

In determining the best interests of the child under § 36-6-306 , the court shall consider all pertinent matters, including, but not necessarily limited to, the following: (1) The length and quality of the prior relationship between the child and the grandparent and the role performed by the grandparent; (2) The existing emotional ties of the child to the grandparent; (3) The preference of the child if the child is determined to be of sufficient maturity to express a preference; (4) The effect of hostility between the grandparent and the parent of the child manifested before the child, and the willingness of the grandparent, except in case of abuse, to encourage a close relationship between the child and the parent or parents, or guardian or guardians of the child; (5) The good faith of the grandparent in filing the petition; (6) If the parents are divorced or separated, the time-sharing arrangement that exists between the parents with respect to the child; (7) If one (1) parent is deceased or missing, the fact that the grandparents requesting visitation are the parents of the deceased or missing person; (8) Any unreasonable deprivation of the grandparent's opportunity to visit with the child by the child's parents or guardian, including denying visitation of the minor child to the grandparent for a period exceeding ninety (90) days; (9) Whether the grandparent is seeking to maintain a significant existing relationship with the child; (10) Whether awarding grandparent visitation would interfere with the parent-child relationship; and (11) Any court finding that the child's parent or guardian is unfit. Acts 1997, ch. 503, § 2; 2000, ch. 891, § 2; 2011, ch. 500, § 1.
In determining the best interests of the child under § 36-6-306 , the court shall consider all pertinent matters, including, but not necessarily limited to, the following:
(1) The length and quality of the prior relationship between the child and the grandparent and the role performed by the grandparent;
(2) The existing emotional ties of the child to the grandparent;
(3) The preference of the child if the child is determined to be of sufficient maturity to express a preference;
(4) The effect of hostility between the grandparent and the parent of the child manifested before the child, and the willingness of the grandparent, except in case of abuse, to encourage a close relationship between the child and the parent or parents, or guardian or guardians of the child;
(5) The good faith of the grandparent in filing the petition;
(6) If the parents are divorced or separated, the time-sharing arrangement that exists between the parents with respect to the child;
(7) If one (1) parent is deceased or missing, the fact that the grandparents requesting visitation are the parents of the deceased or missing person;
(8) Any unreasonable deprivation of the grandparent's opportunity to visit with the child by the child's parents or guardian, including denying visitation of the minor child to the grandparent for a period exceeding ninety (90) days;
(9) Whether the grandparent is seeking to maintain a significant existing relationship with the child;
(10) Whether awarding grandparent visitation would interfere with the parent-child relationship; and
(11) Any court finding that the child's parent or guardian is unfit.
Acts 1997, ch. 503, § 2; 2000, ch. 891, § 2; 2011, ch. 500, § 1.
Tenn. Code Ann. § 36-7-502 — TN Code / Title 36 / Chapter 7 / Section 36-7-502
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. Section 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act ( 15 U.S.C. Section 7001(c) ), or authorize electronic delivery of any of the notices described in Section 103(b) of that act ( 15 U.S.C. Section 7003(b) ). Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. Section 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act ( 15 U.S.C. Section 7001(c) ), or authorize electronic delivery of any of the notices described in Section 103(b) of that act ( 15 U.S.C. Section 7003(b) ).
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-3-502 — TN Code / Title 36 / Chapter 3 / Section 36-3-502
Creditor's rights
Status: in_force

(a) No marriage settlement or other marriage contract shall be good against creditors, where a greater value is secured to the intended wife, and the children of the marriage, or either of them, than the portion actually received with the wife in marriage, and such estate as the husband at the time of the husband's marriage shall be possessed of, after deducting the just debts by the husband then due and owing. (b) In case of any suit upon any such marriage contract, where any creditor is a party, the burden of proof lies upon the person claiming under such marriage contract. (c) In such case, any legacy given to the wife in general words, and not in trust, or any distributive share in an estate during coverture, shall be taken as a part of the portion received with the wife, and secured to those claiming under the marriage contract, to make up any deficiency created by the claims of creditors on the property conveyed in the marriage contract. Code 1858, §§ 1767, 1768 (deriv. Acts 1785, ch. 12, § 2); Shan., §§ 3157, 3158; Code 1932, §§ 7839, 7840; T.C.A. (orig. ed.), § 36-605.
(a) No marriage settlement or other marriage contract shall be good against creditors, where a greater value is secured to the intended wife, and the children of the marriage, or either of them, than the portion actually received with the wife in marriage, and such estate as the husband at the time of the husband's marriage shall be possessed of, after deducting the just debts by the husband then due and owing.
(b) In case of any suit upon any such marriage contract, where any creditor is a party, the burden of proof lies upon the person claiming under such marriage contract.
(c) In such case, any legacy given to the wife in general words, and not in trust, or any distributive share in an estate during coverture, shall be taken as a part of the portion received with the wife, and secured to those claiming under the marriage contract, to make up any deficiency created by the claims of creditors on the property conveyed in the marriage contract.
Code 1858, §§ 1767, 1768 (deriv. Acts 1785, ch. 12, § 2); Shan., §§ 3157, 3158; Code 1932, §§ 7839, 7840; T.C.A. (orig. ed.), § 36-605.
Tenn. Code Ann. § 36-2-321 — TN Code / Title 36 / Chapter 2 / Section 36-2-321
Limitations period for child support payment orders
Status: in_force

Judgments for child support payments for each child subject to the order for child support pursuant to this part shall be enforceable without limitation as to time. Acts 1997, ch. 551, § 46.
Judgments for child support payments for each child subject to the order for child support pursuant to this part shall be enforceable without limitation as to time.
Acts 1997, ch. 551, § 46.
Tenn. Code Ann. § 36-5-3009 — TN Code / Title 36 / Chapter 5 / Section 36-5-3009
Costs and fees
Status: in_force

(a) When a transfer request is made by the department of human services or its contractors, the fee and all taxes shall be waived for the department or its contractors. (b) Costs of court and for making copies and for providing certifications, fees and taxes shall be adjudged by the transferee court for both the clerks of the transferor court and the transferee court against the noncustodial parent/obligor and shall be apportioned between each clerk as to the costs, fees and taxes due for each clerk. (c) The clerk shall file any request for transfer and carry out the requirements of this part, even without receiving the appropriate fee for such request. If not paid, such sum shall be added to the cost bill to be assessed by the transferee court. Acts 1997, ch. 551, § 5; 1998, ch. 1098, § 55; T.C.A. § 36-5-3008 ; Acts 2000, ch. 922, § 36; 2005, ch. 429, §§ 7, 8.
(a) When a transfer request is made by the department of human services or its contractors, the fee and all taxes shall be waived for the department or its contractors.
(b) Costs of court and for making copies and for providing certifications, fees and taxes shall be adjudged by the transferee court for both the clerks of the transferor court and the transferee court against the noncustodial parent/obligor and shall be apportioned between each clerk as to the costs, fees and taxes due for each clerk.
(c) The clerk shall file any request for transfer and carry out the requirements of this part, even without receiving the appropriate fee for such request. If not paid, such sum shall be added to the cost bill to be assessed by the transferee court.
Acts 1997, ch. 551, § 5; 1998, ch. 1098, § 55; T.C.A. § 36-5-3008 ; Acts 2000, ch. 922, § 36; 2005, ch. 429, §§ 7, 8.
Tenn. Code Ann. § 36-6-223 — TN Code / Title 36 / Chapter 6 / Section 36-6-223
Unjustifiable conduct of a party
Status: in_force

(a) Except as otherwise provided in § 36-6-219 , or by other law of this state, if a court of this state has jurisdiction under this part because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless: (1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction; (2) A court of the state otherwise having jurisdiction under §§ 36-6-216 - 36-6-218 determines that this state is a more appropriate forum under § 36-6-222 ; or (3) No court of any other state would have jurisdiction under the criteria specified in §§ 36-6-216 - 36-6-218. (b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under §§ 36-6-216 - 36-6-218. (c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. Acts 1999, ch. 389, § 24.
(a) Except as otherwise provided in § 36-6-219 , or by other law of this state, if a court of this state has jurisdiction under this part because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless: (1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction; (2) A court of the state otherwise having jurisdiction under §§ 36-6-216 - 36-6-218 determines that this state is a more appropriate forum under § 36-6-222 ; or (3) No court of any other state would have jurisdiction under the criteria specified in §§ 36-6-216 - 36-6-218.
(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2) A court of the state otherwise having jurisdiction under §§ 36-6-216 - 36-6-218 determines that this state is a more appropriate forum under § 36-6-222 ; or
(3) No court of any other state would have jurisdiction under the criteria specified in §§ 36-6-216 - 36-6-218.
(b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under §§ 36-6-216 - 36-6-218.
(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate.
Acts 1999, ch. 389, § 24.
Tenn. Code Ann. § 36-1-206 — TN Code / Title 36 / Chapter 1 / Section 36-1-206
Construction - Compliance with federal laws
Status: in_force

This compact shall, insofar as practical, be construed to be in compliance with all federal laws governing adoption assistance and payment for medical assistance. In the event subsequent changes in federal law or regulations necessitate changes in the text of the compact, the commissioner of children's services is authorized to promulgate such regulations as may be necessary to alter the terms of the compact to comply with federal law or regulations. Acts 1985, ch. 35, § 6; 1996, ch. 1079, § 69.
This compact shall, insofar as practical, be construed to be in compliance with all federal laws governing adoption assistance and payment for medical assistance. In the event subsequent changes in federal law or regulations necessitate changes in the text of the compact, the commissioner of children's services is authorized to promulgate such regulations as may be necessary to alter the terms of the compact to comply with federal law or regulations.
Acts 1985, ch. 35, § 6; 1996, ch. 1079, § 69.
Tenn. Code Ann. § 36-5-105 — TN Code / Title 36 / Chapter 5 / Section 36-5-105
Intestacy of plaintiff spouse - Effect on alimony
Status: in_force

(a) (1) If the bonds of matrimony have been dissolved at the suit of the plaintiff spouse, the defendant spouse shall not be entitled to any part of the real or personal estate of the plaintiff spouse in case of such plaintiff's intestacy. (2) Any entitlement a spouse may have to alimony shall be decided on the basis of factors set forth in § 36-5-121 . (b) However, when the cause of divorce is irreconcilable differences under § 36-4-103 , subsection (a) shall not apply if the parties have entered into a written marital dissolution agreement wherein the plaintiff consents to the payment to the defendant of alimony, either in lump sum form or periodic payments; provided, that such marital dissolution agreement is approved by the court granting the decree of divorce. Acts 1983, ch. 414, § 6; T.C.A., § 36-840; Acts 1987, ch. 390, § 5; 2005, ch. 287, § 4.
(a) (1) If the bonds of matrimony have been dissolved at the suit of the plaintiff spouse, the defendant spouse shall not be entitled to any part of the real or personal estate of the plaintiff spouse in case of such plaintiff's intestacy. (2) Any entitlement a spouse may have to alimony shall be decided on the basis of factors set forth in § 36-5-121 .
(1) If the bonds of matrimony have been dissolved at the suit of the plaintiff spouse, the defendant spouse shall not be entitled to any part of the real or personal estate of the plaintiff spouse in case of such plaintiff's intestacy.
(2) Any entitlement a spouse may have to alimony shall be decided on the basis of factors set forth in § 36-5-121 .
(b) However, when the cause of divorce is irreconcilable differences under § 36-4-103 , subsection (a) shall not apply if the parties have entered into a written marital dissolution agreement wherein the plaintiff consents to the payment to the defendant of alimony, either in lump sum form or periodic payments; provided, that such marital dissolution agreement is approved by the court granting the decree of divorce.
Acts 1983, ch. 414, § 6; T.C.A., § 36-840; Acts 1987, ch. 390, § 5; 2005, ch. 287, § 4.