reglab/housing_qa huggingface dataset:
TN Code § 36-6-302 (2021)
2021 Tennessee Code|Title 36 - Domestic Relations|Chapter 6 - Child Custody and Visitation|Part 3 - Visitation|§ 36-6-302. Grandparents' Visitation Rights Upon Child's Removal or Placement in Home or Facility

    If a child is removed from the custody of the child's parents, guardian or legal custodian; and   If a child is placed in a licensed foster home, a facility operated by a licensed child care agency, or other home or facility designated or operated by the court, whether such placement is by court order, voluntary placement agreement, surrender of parental rights, or otherwise;     Then, the grandparents of such child may be granted reasonable visitation rights to the child during such child's minority by the court of competent jurisdiction upon a finding that:  Such visitation rights would be in the best interest of the minor child;   The grandparents would adequately protect the child from further abuse or intimidation by the perpetrator or any other family member;   The grandparents were not implicated in the commission of any alleged act against such child or of their own children that under the law in effect prior to November 1, 1989, would constitute the criminal offense of:   Aggravated rape under § 39-2-603 [repealed];   Rape under § 39-2-604 [repealed];   Aggravated sexual battery under § 39-2-606 [repealed];   Sexual battery under § 39-2-607 [repealed];   Assault with intent to commit rape or attempt to commit rape or sexual battery under § 39-2-608 [repealed];   Crimes against nature under § 39-2-612 [repealed];   Incest under § 39-4-306 [repealed];   Begetting child on wife's sister under § 39-4-307 [repealed];   Use of minor of obscene purposes under § 39-6-1137 [repealed]; or   Promotion of performance including sexual conduct by minor under § 39-6-1138 [repealed]; and     The grandparents are not implicated in the commission of any alleged act against such child or of their own children that under the law in effect on or after November 1, 1989, would constitute the criminal offense of:   Aggravated rape under § 39-13-502;   Rape under § 39-13-503;   Aggravated sexual battery under § 39-13-504;   Sexual battery under § 39-13-505;   Criminal attempt for any of the offenses in subdivisions (a)(2)(D)(i)-(a)(2)(D)(iv) as provided in § 39-12-101;   Incest under § 39-15-302;   Sexual exploitation of a minor under § 39-17-1003;   Aggravated sexual exploitation of a minor under § 39-17-1004; or   Especially aggravated sexual exploitation of a minor under § 39-17-1005.         This section shall not apply in any case in which the child has been adopted by any person other than a stepparent or other relative of the child.
TN Code § 36-6-304 (2021)
2021 Tennessee Code|Title 36 - Domestic Relations|Chapter 6 - Child Custody and Visitation|Part 3 - Visitation|§ 36-6-304. Exposure of Child to Nudist Colony Prohibited

 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.
TN Code § 36-6-305 (2021)
2021 Tennessee Code|Title 36 - Domestic Relations|Chapter 6 - Child Custody and Visitation|Part 3 - Visitation|§ 36-6-305. Mediation in Cases Involving Domestic Abuse

 In any proceeding concerning the visitation of a child, if an order of protection issued in or recognized by this state is in effect or if there is a court finding of domestic abuse or any criminal conviction involving domestic abuse within the marriage that is the subject of the proceeding for divorce or separate support and maintenance, the court may order mediation or refer either party to mediation only if:   Mediation is agreed to by the victim of the alleged domestic or family violence;   Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and   The victim is permitted to have in attendance at mediation a supporting person of the victim's choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a nonattorney advocate for attendance at mediation.
TN Code § 36-6-307 (2021)
2021 Tennessee Code|Title 36 - Domestic Relations|Chapter 6 - Child Custody and Visitation|Part 3 - Visitation|§ 36-6-307. Determination of Best Interests of Child for Grandparent Visitations

 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:   The length and quality of the prior relationship between the child and the grandparent and the role performed by the grandparent;   The existing emotional ties of the child to the grandparent;   The preference of the child if the child is determined to be of sufficient maturity to express a preference;   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;   The good faith of the grandparent in filing the petition;   If the parents are divorced or separated, the time-sharing arrangement that exists between the parents with respect to the child;   If one (1) parent is deceased or missing, the fact that the grandparents requesting visitation are the parents of the deceased or missing person;   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;   Whether the grandparent is seeking to maintain a significant existing relationship with the child;   Whether awarding grandparent visitation would interfere with the parent-child relationship; and   Any court finding that the child's parent or guardian is unfit.
TN Code § 36-6-401 (2021)
2021 Tennessee Code|Title 36 - Domestic Relations|Chapter 6 - Child Custody and Visitation|Part 4 - Parenting Plans|§ 36-6-401. Findings

  Parents have the responsibility to make decisions and perform other parental duties necessary for the care and growth of their minor children. In any proceeding between parents under this chapter, the best interests of the child shall be the standard by which the court determines and allocates the parties' parental responsibilities. The general assembly recognizes the detrimental effect of divorce on many children and that divorce, by its nature, means that neither parent will have the same access to the child as would have been possible had they been able to maintain an intact family. The general assembly finds the need for stability and consistency in children's lives. The general assembly also has an interest in educating parents concerning the impact of divorce on children. The general assembly recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and the relationship between the child and each parent should be fostered unless inconsistent with the child's best interests. The best interests of the child are served by a parenting arrangement that best maintains a child's emotional growth, health and stability, and physical care.   The general assembly finds that mothers and fathers in families are the backbone of this state and this nation. They teach children right from wrong, respect for others, and the value of working hard to make a good life for themselves and for their future families. Most children do best when they receive the emotional and financial support of both parents. The general assembly finds that a different approach to dispute resolution in child custody and visitation matters is useful.
TN Code § 36-6-403 (2021)
2021 Tennessee Code|Title 36 - Domestic Relations|Chapter 6 - Child Custody and Visitation|Part 4 - Parenting Plans|§ 36-6-403. Temporary Parenting Plan

 Except as may be specifically provided otherwise herein, a temporary parenting plan shall be incorporated in any temporary order of the court in actions for absolute divorce, legal separation, annulment, or separate maintenance involving a minor child. A temporary parenting plan shall comply with those provisions for a permanent parenting plan under § 36-6-404(a) that are applicable for the time frame and shall include a residential schedule as described in § 36-6-404(b). The court shall approve a temporary parenting plan as follows:   If the parties can agree to a temporary parenting plan, no written temporary parenting plan is required to be entered; or   If the parties cannot agree to a temporary parenting plan, either or both parties may request the court to order dispute resolution. The court may immediately order the parties to participate in dispute resolution to establish a temporary parenting plan unless one (1) of the restrictions in § 36-6-406(a) exists. If dispute resolution is not available, either party may request and the court may order an expedited hearing to establish a temporary parenting plan. In either mediation or in a hearing before the court each party shall submit a proposed temporary parenting plan and a verified statement of income as defined by chapter 5 of this title, and a verified statement that the plan is proposed in good faith and is in the best interest of the child. If only one (1) party files a proposed temporary parenting plan in compliance with this section, that party may petition the court for an order adopting that party's plan by default, upon a finding by the court that the plan is in the child's best interest. In determining whether the proposed temporary parenting plan serves the best interests of the child, the court shall be governed by the allocation of residential time and support obligations contained in the child support guidelines and related provisions in chapter 5 of this title.
TN Code § 36-6-405 (2021)
2021 Tennessee Code|Title 36 - Domestic Relations|Chapter 6 - Child Custody and Visitation|Part 4 - Parenting Plans|§ 36-6-405. Modification of Permanent Parenting Plans

  In a proceeding for a modification of a permanent parenting plan, a proposed parenting plan shall be filed and served with the petition for modification and with the response to the petition for modification. Such plan is not required if the modification pertains only to child support. The obligor parent's proposed parenting plan shall be accompanied by a verified statement of that party's income pursuant to the child support guidelines and related provisions contained in chapter 5 of this title. If the parties cannot agree to a modification of a permanent parenting plan, the process established by § 36-6-404(b) shall be used to establish an amended permanent parenting plan or final decree or judgment.   In a proceeding for a modification of a permanent parenting plan, the existing residential schedule shall not be modified prior to a final hearing unless the parents agree to the modification or the court finds that the child will be subject to a likelihood of substantial harm absent the temporary modification. If a temporary modification of the existing residential schedule is granted ex parte, the respondent shall be entitled to an expedited hearing within fifteen (15) days of the entry of the temporary modification order.   Title IV-D child support cases involving the department of human services or any of its public or private contractors shall be bifurcated from the remaining parental responsibility issues. Separate orders shall be issued concerning Title IV-D issues, which shall not be contained in, or part of, temporary, permanent or modified parenting plans. The department and its public or private contractors shall not be required to participate in mediation or dispute resolution pursuant to this part.   If the parties agree to a modification of an existing permanent parenting plan, and the parties announce to the court and place on the record an agreement specifying the terms of modification, or if the parties execute a permanent parenting plan which modifies a prior order of the court with respect to either custody or residential parenting schedule which is approved through entry of an agreed order, then the court is not required to inquire further and make an independent determination as to whether the modification is in the best interest of the child. An order of the court approving the agreement and stating that the modification is made by agreement of the parties satisfies the requirements of Rule 52.01 of the Tennessee rules of civil procedure. The court is not required to accept an agreement of the parties modifying a permanent parenting plan, and this subsection (d) does not diminish the authority of the court to make inquiry and ensure that the modification of the permanent parenting plan is in the best interest of the child, is entered into freely and voluntarily by both parents, and is not the product of duress, coercion, or undue influence.
TN Code § 36-6-407 (2021)
2021 Tennessee Code|Title 36 - Domestic Relations|Chapter 6 - Child Custody and Visitation|Part 4 - Parenting Plans|§ 36-6-407. Allocation of Parenting Responsibilities

  The court shall approve agreements of the parties allocating parenting responsibilities, or specifying rules, if it finds that:  The agreement is consistent with any limitations on a parent's decision-making authority mandated by § 36-6-406;   The agreement is knowing and voluntary; and   The agreement is in the best interest of the child.     The court may consider a parent's refusal, without just cause, to attend a court-ordered parental educational seminar in making an award of sole decision-making authority to the other parent. The court shall order sole decision making to one (1) parent when it finds that:  A limitation on the other parent's decision-making authority is mandated by § 36-6-406;   Both parents are opposed to mutual decision making; or   One (1) parent is opposed to mutual decision making, and such opposition is reasonable in light of the parties' inability to satisfy the criteria for mutual decision-making authority.     Except as provided in subsections (a) and (b), the court shall consider the following criteria in allocating decision-making authority:  The existence of a limitation under § 36-6-406;   The history of participation of each parent in decision making in each of the following areas: physical care, emotional stability, intellectual and moral development, health, education, extracurricular activities, and religion; and whether each parent attended a court-ordered parent education seminar;   Whether the parents have demonstrated the ability and desire to cooperate with one another in decision making regarding the child in each of the following areas: physical care, emotional stability, intellectual and moral development, health, education, extracurricular activities, and religion; and   The parents' geographic proximity to one another, to the extent that it affects their ability to make timely mutual decisions.     When determining whether an agreement allocating parenting responsibilities is in the best interest of the child pursuant to subdivision (a)(3), the court may consider any evidence submitted by a guardian ad litem appointed for the child, if one has been appointed by the court, subject to the Tennessee Rules of the Supreme Court relative to guidelines for guardians ad litem appointed for minor children in divorce proceedings and the Tennessee Rules of Evidence.   Notwithstanding any provision to the contrary, the requirements of subsection (a) and Rule 52.01 of the Tennessee Rules of Civil Procedure are conclusively satisfied upon the court's approval of the parties' agreement allocating parenting responsibilities, or specifying rules, and written findings of fact and conclusions of law by the court are not required.
TN Code § 36-6-408 (2021)
2021 Tennessee Code|Title 36 - Domestic Relations|Chapter 6 - Child Custody and Visitation|Part 4 - Parenting Plans|§ 36-6-408. Parent Educational Seminar

  In an action where a permanent parenting plan is or will be entered, each parent shall attend a parent educational seminar as soon as possible after the filing of the complaint. The seminar may be divided into sessions, which in the aggregate must not be less than four (4) hours in duration, and the minor children must be excluded from attending the seminar. The seminar must be educational in nature and not designed for individual therapy. The seminar must educate parents concerning how to protect and enhance the child's emotional development and inform the parents regarding the legal process. The seminar must include:  At least one (1) thirty-minute video on adverse childhood experiences created:  By the department of children's services in conjunction with the Tennessee commission on children and youth; or   As part of the Building Strong Brains Tennessee public awareness campaign; and     A discussion of alternative dispute resolution, marriage counseling, the judicial process, and common perpetrator attitudes and conduct involving domestic violence.     The fees or costs of the educational sessions under this section, which shall be reasonable, shall be borne by the parties and may be assessed by the court as it deems equitable. Such fees may be waived for indigent persons.   No court shall deny the granting of a divorce from the bonds of matrimony for failure of a party or both parties to attend the educational session.   The requirement of attendance by parents at the parent educational seminar may be waived upon motion by either party and the agreement of the court upon the showing of good cause.
TN Code § 36-6-409 (2021)
2021 Tennessee Code|Title 36 - Domestic Relations|Chapter 6 - Child Custody and Visitation|Part 4 - Parenting Plans|§ 36-6-409. Procedures and Restrictions Applicable to Dispute Resolution

 The following procedures and restrictions are applicable to the use of the dispute resolution process under this part:   Each neutral party, the court, or the special master shall apply or, in the case of mediation, assist the parties to uphold as a standard for making decisions in mediation, the criteria in this part. Nothing in this part shall be construed to prevent a party from having the party's attorney present at a mediation or other dispute resolution procedure;   The Tennessee Rules of Evidence do not apply in any mediation or alternative dispute resolution process; the neutral party may rely upon evidence submitted that reasonably prudent persons would rely upon in the conduct of their affairs;   When dispute resolution is utilized in this chapter, it shall be preceded by a pretrial conference and the attendance by parents at the parent educational seminar set forth in § 36-6-408;   The court shall not order a dispute resolution process, except court action, if the court:  Finds that any limiting factor under § 36-6-406 applies;   Finds that either parent is unable to afford the cost of the proposed dispute resolution process, unless such cost is waived or subsidized by the state;   Enters a default judgment against the defendant; or   Preempts such process upon motion of either party for just cause;     If an order of protection issued in or recognized by this state is in effect or if there is a court finding of domestic abuse or criminal conviction involving domestic abuse within the marriage that is the subject of the proceeding for divorce or separate support and maintenance, the court may order mediation or refer the parties to mediation only if:  Mediation is agreed to by the victim of the alleged domestic or family violence;   Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and   The victim is permitted to have in attendance at mediation a supporting person of the victim's choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a nonattorney advocate for attendance at mediation. The other party may also have in attendance at mediation a supporting person of such party's choice, including, but not limited to, an attorney or advocate;     If a dispute resolution process is not precluded or limited, then in designating such a process the court shall consider all relevant factors, including:  Differences between the parents that would substantially inhibit their effective participation in any designated process;   The parents' wishes or agreements and, if the parents have entered into agreements, whether the agreements were made knowingly and voluntarily; and   The financial circumstances of the parties to pay for alternative dispute resolution processes where court sanctioned alternative dispute resolution programs are unavailable.
TN Code § 36-6-410 (2021)
2021 Tennessee Code|Title 36 - Domestic Relations|Chapter 6 - Child Custody and Visitation|Part 4 - Parenting Plans|§ 36-6-410. Designation of Custody for the Purpose of Other State and Federal Statutes

  Solely for the purpose of all other state and federal statutes and any applicable policies of insurance that require a designation or determination of custody, a parenting plan must designate the parent with whom the child is scheduled to reside a majority of the time as the primary residential parent of the child; provided, that this designation shall not affect either parent's rights and responsibilities under the parenting plan. In the absence of such a designation, the parent with whom the child is scheduled to reside a majority of the time is deemed to be the primary residential parent for the purposes of such federal and state statutes.   Notwithstanding any law to the contrary, when the child is scheduled to reside an equal amount of time with both parents, the parents may agree to a designation as joint primary residential parents or to waive the designation of a primary residential parent. In the absence of an agreement between the parties, a single primary residential parent must be designated; provided, that this designation shall not affect either parent's rights and responsibilities under the parenting plan.
TN Code § 36-6-411 (2021)
2021 Tennessee Code|Title 36 - Domestic Relations|Chapter 6 - Child Custody and Visitation|Part 4 - Parenting Plans|§ 36-6-411. Juvenile Court Jurisdiction

  Nothing in this part shall be construed to alter, modify or restrict the exclusive jurisdiction of the juvenile court pursuant to § 37-1-103.   The juvenile court may incorporate any part of the parenting plan process in any matter that the court deems appropriate.   Nothing in this part shall require the department of children's services, acting in any capacity, to:  Be bound in any manner by a permanent parenting plan;   Participate in mediation or dispute resolution in relation to any permanent parenting plan; or   Facilitate the development, modification, or presentation of any permanent or temporary parenting plan to a court.
TN Code § 36-6-412 (2021)
2021 Tennessee Code|Title 36 - Domestic Relations|Chapter 6 - Child Custody and Visitation|Part 4 - Parenting Plans|§ 36-6-412. Gender

 It is the legislative intent that the gender of the party seeking to be the primary residential parent shall not give rise to a presumption of parental fitness or cause a presumption in favor of or against such party.
TN Code § 36-6-414 (2021)
2021 Tennessee Code|Title 36 - Domestic Relations|Chapter 6 - Child Custody and Visitation|Part 4 - Parenting Plans|§ 36-6-414. Evaluation

 The parenting plan processes established by this part shall be evaluated by the administrative office of the courts after the program has been in effect for three (3) years.