reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 27 - UNIFORM INTERSTATE FAMILY SUPPORT ACT - DETERMINATION OF PARENTAGE (§§ 36-5-2701 — 36-5-2713) › Section 36-5-2707 - Contest of registered Convention support order

(a)
Except as otherwise provided in this part, §§
36-5-2605-36
-5-2608 apply to a contest of a registered Convention support order.
(b)
A party contesting a registered Convention support order shall file a contest not later than thirty (30) days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty (60) days after notice of the registration.
(c)
If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b), the order is enforceable.
(d)
A contest of a registered Convention support order may be based only on grounds set forth in §
36-5-2708
. The contesting party bears the burden of proof.
(e)
In a contest of a registered Convention support order, a tribunal of this state:
(1)
Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2)
May not review the merits of the order.
(f)
A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
(g)
A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
Acts 2010 , ch. 901, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 27 - UNIFORM INTERSTATE FAMILY SUPPORT ACT - DETERMINATION OF PARENTAGE (§§ 36-5-2701 — 36-5-2713) › Section 36-5-2708 - Recognition and enforcement of registered Convention support order

(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.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 27 - UNIFORM INTERSTATE FAMILY SUPPORT ACT - DETERMINATION OF PARENTAGE (§§ 36-5-2701 — 36-5-2713) › Section 36-5-2709 - Partial enforcement

If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
Acts 2010, ch. 901, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 27 - UNIFORM INTERSTATE FAMILY SUPPORT ACT - DETERMINATION OF PARENTAGE (§§ 36-5-2701 — 36-5-2713) › Section 36-5-2710 - Foreign support agreement

(a)
Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(b)
An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1)
A complete text of the foreign support agreement; and
(2)
A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(c)
A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d)
In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(1)
Recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2)
The agreement was obtained by fraud or falsification;
(3)
The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under parts 20-29 of this chapter in this state; or
(4)
The record submitted under subsection (b) lacks authenticity or integrity.
(e)
A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
Acts 2010, ch. 901, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 27 - UNIFORM INTERSTATE FAMILY SUPPORT ACT - DETERMINATION OF PARENTAGE (§§ 36-5-2701 — 36-5-2713) › Section 36-5-2711 - Modification of Convention child support order

(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.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 27 - UNIFORM INTERSTATE FAMILY SUPPORT ACT - DETERMINATION OF PARENTAGE (§§ 36-5-2701 — 36-5-2713) › Section 36-5-2712 - Personal information - Limitation on use

Personal information gathered or transmitted under this part may be used only for the purposes for which it was gathered or transmitted.
Acts 2010, ch. 901, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 27 - UNIFORM INTERSTATE FAMILY SUPPORT ACT - DETERMINATION OF PARENTAGE (§§ 36-5-2701 — 36-5-2713) › Section 36-5-2713 - Record in original language - English translation

A record filed with a tribunal of this state under this part must be in the original language and, if not in English, must be accompanied by an English translation.
Acts 2010, ch. 901, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 28 - UNIFORM INTERSTATE FAMILY SUPPORT ACT - INTERSTATE RENDITION (§§ 36-5-2801 — 36-5-2802) › Section 36-5-2801 - Grounds for rendition

(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.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 28 - UNIFORM INTERSTATE FAMILY SUPPORT ACT - INTERSTATE RENDITION (§§ 36-5-2801 — 36-5-2802) › Section 36-5-2802 - Conditions of rendition

(a)
Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty (60) days previously the obligee had initiated proceedings for support pursuant to parts 20-29 of this chapter or that the proceeding would be of no avail.
(b)
If, under parts 20-29 of this chapter or a law substantially similar to parts 20-29 of this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c)
If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
Acts 2010, ch. 901, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 29 - UNIFORM INTERSTATE FAMILY SUPPORT ACT - MISCELLANEOUS PROVISIONS (§§ 36-5-2901 — 36-5-2903) › Section 36-5-2901 - Uniformity of application and construction

In applying and construing this uniform act, codified in parts 20-29 of this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Acts 2010, ch. 901, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 29 - UNIFORM INTERSTATE FAMILY SUPPORT ACT - MISCELLANEOUS PROVISIONS (§§ 36-5-2901 — 36-5-2903) › Section 36-5-2902 - Applicability

Parts 20-29 of this chapter apply to proceedings begun on or after March 31, 2016 to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
Acts 2010 , ch. 901, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 29 - UNIFORM INTERSTATE FAMILY SUPPORT ACT - MISCELLANEOUS PROVISIONS (§§ 36-5-2901 — 36-5-2903) › Section 36-5-2903 - Severability

If any provision of parts 20-29 of this chapter or their application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of parts 20-29 of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of parts 20-29 of this chapter are severable.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 30 - INTERCOUNTY ENFORCEMENT AND MODIFICATION (§§ 36-5-3001 — 36-5-3009) › Section 36-5-3001 - Purposes and construction of part and limitation of scope of part

(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.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 30 - INTERCOUNTY ENFORCEMENT AND MODIFICATION (§§ 36-5-3001 — 36-5-3009) › Section 36-5-3002 - Part definitions

As used in this part, unless the context clearly requires otherwise:
(1)
"Child's county" means the county in which the child who is subject to a support or custody order resides;
(2)
"Clerk" means the clerk of the transferor or transferee court, or the clerk of any court who has been designated by either of those courts to collect support payments for such court;
(3)
"Court" means, except as provided in §
36-5-3001(b)
, a juvenile, circuit, or chancery court or other court of this state with jurisdiction to enter support or custody orders;
(4)
"Department" means the department of human services or its contractor or designee;
(5)
"Filing" means the initiation of judicial action by the completion of a motion or petition seeking to order the alteration of a legal status through the act of sending or bringing the motion or petition to the office of the clerk of the court;
(6)
"Issuing county" means the county in which a court issues a support or custody order or that renders a judgment determining parentage or to which a support or custody order has been previously transferred;
(7)
"Issuing court" means the court that issues a support or custody order or renders a judgment determining parentage or to which a support or custody order has been previously transferred;
(8)
"Obligor's county" means the county in which the obligor or non-custodial parent resides;
(9)
"Request" means a statement of a requesting party seeking transfer of a custody or child support case to the court of another county;
(10)
"Requesting party" means custodial parent, noncustodial parent or, in Title IV-D child support cases, the department or its contractor;
(11)
"Service of process" means the act of bringing or sending notice of the filing of a motion or petition to the attention of the opposing party by delivery of a copy of the motion or pleading to the opposing party;
(12)
"Transfer" means the process by which the transferor court, upon request, moves the case to a court where the child resides thereby conferring jurisdiction on the transferee court;
(13)
"Transferee court" means the court that assumes jurisdiction upon a transfer of a case; and
(14)
"Transferor court" means the court from which a case is transferred to another court.
Acts 1997, ch. 551, § 5; 2000, ch. 922, § 30.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 30 - INTERCOUNTY ENFORCEMENT AND MODIFICATION (§§ 36-5-3001 — 36-5-3009) › Section 36-5-3004 - Procedure to transfer case

A case may be transferred by the clerk of the issuing court following a request by a requesting party sending the request for the transfer to the clerk of the transferor court. The request shall include the following information:
(1)
(A)
A sworn statement by the party or the department seeking transfer that, to the best of the requesting party's or the department's knowledge, neither the child or children, the custodial parent/obligee nor the noncustodial parent/obligor resides in the transferor county, and that the child or children currently reside in the transferee county and the child or children have resided in the transferee county for at least six (6) months; or
(B)
That the noncustodial parent/obligor resides in the county to which the case is to be transferred and that the custodial parent/obligee and the child or children reside outside this state:
(i)
And the requesting party seeks an immediate transfer of the case without the six-month residency period if the custodial parent/obligee does not object; or
(ii)
That the child or children and the custodial parent/obligee have resided outside this state for at least six (6) months;
(2)
The issuing court's docket number of the case to be transferred;
(3)
The name of the other party and, if known, the other party's address and social security number;
(4)
The name of the court and address of the clerk of the court to whom the case is to be transferred;
(5)
The name and address, if known, of the employer of the obligor if the order has been or may be subject to an income assignment;
(6)
That the request for transfer can be contested by the nonrequesting party within fifteen (15) days of the date the notice was mailed by filing a motion for review of the request in the transferor court;
(7)
Certification by the requesting party or the department that a copy of the request with the information in subdivisions (1)-(6) has been mailed to the nonrequesting party; and
(8)
A copy of a notice, with the address of the nonrequesting party, to be sent by the clerk of the transferor court or the department in Title IV-D child support cases to the nonrequesting party in the event that the case is transferred, which states that the case has been transferred and that all child support payments of the obligor are to be sent, as appropriate, to the clerk of the transferee court or to the department of human services, as the case may be.
Amended by 2016 Tenn. Acts, ch. 668,s 2, eff. 7/1/2016.
Acts 1997, ch. 551, § 5; 1998, ch. 1098, § 51; 2000, ch. 922, §§ 32, 33.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 30 - INTERCOUNTY ENFORCEMENT AND MODIFICATION (§§ 36-5-3001 — 36-5-3009) › Section 36-5-3005 - Duties of the transferor court

(a)
If no request for contest of the request for transfer is filed within fifteen (15) days pursuant to §
36-5-3004(6)
, or if the contest of the transfer is denied by the transferor court, the clerk of the transferor court shall, within fifteen (15) days thereafter:
(1)
Remove from the court file the original pleadings, orders and any other filed documents, or make certified copies of such documents;
(2)
Prepare a certified, complete child support payment record, unless the case is being enforced by the department of human services pursuant to Title IV-D of the Social Security Act (
42 U.S.C. § 651
et seq.), in which situation 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 prepare the certified child support payment record;
(3)
(A)
Mail the originals, or certified copies of the originals, of all documents and, if necessary, the certified child support payment record, to the clerk of the court of the transferee court. The computer record, if operative, shall be used as the official record of the child support obligation;
(B)
Mail the notice supplied pursuant to §
36-5-3004(8)
to the non-requesting party. The department shall mail the notice in Title IV-D child support cases.
(b)
The clerk of the transferor court shall not be required to maintain the copies of the original pleadings or other original documents in the record, but may do so if certified copies are sent.
(c)
Upon receipt of the transferred documents and assignment of a docket number by the transferee court, the jurisdiction of the transferor court is terminated.
Acts 1997, ch. 551, § 5; 1998, ch. 1098, § 52; 2000, ch. 922, § 34.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 30 - INTERCOUNTY ENFORCEMENT AND MODIFICATION (§§ 36-5-3001 — 36-5-3009) › Section 36-5-3006 - Duties and powers of transferee clerk and transferee court

(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.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 30 - INTERCOUNTY ENFORCEMENT AND MODIFICATION (§§ 36-5-3001 — 36-5-3009) › Section 36-5-3007 - Contest of transfer

(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.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 30 - INTERCOUNTY ENFORCEMENT AND MODIFICATION (§§ 36-5-3001 — 36-5-3009) › Section 36-5-3008 - Acceptance of transfer

The transferee court shall accept the transfer and shall not have the discretion to refuse the transfer.
Acts 2000, ch. 922, § 36.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 30 - INTERCOUNTY ENFORCEMENT AND MODIFICATION (§§ 36-5-3001 — 36-5-3009) › Section 36-5-3009 - Costs and fees

(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.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 31 - ENFORCEMENT WITHOUT TRANSFER OF JURISDICTION (§§ 36-5-3101 — 36-5-3111) › Section 36-5-3101 - Purpose and construction of part

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.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 31 - ENFORCEMENT WITHOUT TRANSFER OF JURISDICTION (§§ 36-5-3101 — 36-5-3111) › Section 36-5-3102 - Part definitions

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.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 31 - ENFORCEMENT WITHOUT TRANSFER OF JURISDICTION (§§ 36-5-3101 — 36-5-3111) › Section 36-5-3104 - Effect of registration of order

(a)
A support order issued in another county is registered for enforcement pursuant to this part when the order is filed in the registering court and the requirements of §
36-5-3103(a)
are met.
(b)
A registered order originally issued in another county is enforceable in the same manner and is subject to the same procedures as an order issued by a court of the registering county.
(c)
Except as otherwise provided in this part, a court of the registering county shall recognize and enforce, but may not modify, a registered order.
Acts 1997, ch. 551, § 6.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 31 - ENFORCEMENT WITHOUT TRANSFER OF JURISDICTION (§§ 36-5-3101 — 36-5-3111) › Section 36-5-3105 - Notice of registration of order

When a support order issued in another county is registered, the registering court or the department in Title IV-D child support cases shall send the notice required by §
36-5-3103(a)(4)
to the nonregistering party within two (2) days of the registration.
Acts 1997, ch. 551, § 6.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 31 - ENFORCEMENT WITHOUT TRANSFER OF JURISDICTION (§§ 36-5-3101 — 36-5-3111) › Section 36-5-3106 - Procedure to contest validity or enforcement of registered order

(a)
A nonregistering party seeking to contest the validity or enforcement of a registered order pursuant to this part shall request a hearing within fifteen (15) days after the date of mailing of the notice of the registration. 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.
(b)
If the nonregistering party fails to contest the validity or enforcement of the registered 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 order, the registering court shall schedule the matter for hearing and give notice to the parties of the date, time and place of the hearing.
Acts 1997, ch. 551, § 6.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 31 - ENFORCEMENT WITHOUT TRANSFER OF JURISDICTION (§§ 36-5-3101 — 36-5-3111) › Section 36-5-3107 - Contest of registration or enforcement

(a)
A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1)
The registered order was obtained by fraud;
(2)
The registered order has been vacated, suspended, or modified by a later order;
(3)
The issuing court has stayed the registered order pending appeal; or
(4)
The statement of arrears is incorrect.
(b)
If a party presents evidence establishing a full or partial defense under subsection (a), the court where the order is registered may stay enforcement of the registered order until the issues have been resolved by the court that issued the order. Any uncontested portion of the registered order may be enforced by all remedies available pursuant to law.
(c)
If a contesting party does not establish a defense pursuant to subsection (a) regarding the validity or enforcement of the order, the registering court shall issue an order confirming the order. An order confirming registration of the order is not required if no contest to the registration is made.
Acts 1997, ch. 551, § 6.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 31 - ENFORCEMENT WITHOUT TRANSFER OF JURISDICTION (§§ 36-5-3101 — 36-5-3111) › Section 36-5-3108 - Effect of confirmed order

Unless it is shown by the nonrequesting party that notice of the request for transfer was not received, confirmation of an order by operation of law or following a hearing precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
Acts 1997, ch. 551, § 6.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 31 - ENFORCEMENT WITHOUT TRANSFER OF JURISDICTION (§§ 36-5-3101 — 36-5-3111) › Section 36-5-3109 - Rights of the department of human services

Whenever the department of human services is acting upon any application for Title IV-D services, whether by assignment of rights of support pursuant to §
71-3-124
or otherwise, it shall have the same right to invoke this part as the obligee who has made application for such services.
Acts 1997, ch. 551, § 6; 1998, ch. 1098, § 57.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 31 - ENFORCEMENT WITHOUT TRANSFER OF JURISDICTION (§§ 36-5-3101 — 36-5-3111) › Section 36-5-3110 - Disbursement of collections

In cases not subject to the centralized collection and disbursement unit pursuant to §
36-5-116
, when the clerk of the court of the registering county collects the support that has been enforced by the court of the registering county pursuant to this part, the clerk shall send the support amount, less the statutory fee of the clerk, directly to the obligee, but the clerk shall not send the support amount to the issuing court from which the original order was issued and that was registered for enforcement pursuant to this part.
Acts 1997, ch. 551, § 6; 2000, ch. 922, § 37.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 31 - ENFORCEMENT WITHOUT TRANSFER OF JURISDICTION (§§ 36-5-3101 — 36-5-3111) › Section 36-5-3111 - Costs

(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.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 6 - CHILD CUSTODY AND VISITATION (§§ 36-6-101 — 36-6-702) › Part 1 - GENERAL CUSTODY PROVISIONS (§§ 36-6-101 — 36-6-116) › Section 36-6-102 - Custody, visitation and inheritance rights denied to person convicted of rape, or is convicted of or pleads guilty or no contest to a lesser included offense, where child conceived from crime - Exception - Child support obligation

(a)
(1)
Except as provided in subsection (b), a person who has been convicted of aggravated rape pursuant to §
39-13-502
, rape pursuant to §
39-13-503
, rape of a child pursuant to §
39-13-522
, aggravated statutory rape pursuant to §
39-13-506
, or statutory rape by an authority figure pursuant to §
39-13-532
, from which crime a child was conceived shall not have custody or visitation rights, or the rights of inheritance with respect to that child.
(2)
A person who is originally charged with an offense listed in subdivision (a)(1), but is convicted of or pleads guilty or no contest to a lesser included offense, from which crime a child was conceived shall not have custody or visitation rights, or the rights of inheritance with respect to that child.
(b)
The other parent of the child may waive the protection afforded under subsection (a) regarding visitation and request that the court grant reasonable visitation rights with the child if paternity has been acknowledged.
(c)
Unless waived by the other parent and, if contributing toward support of the child, the department of human services, a court shall establish a child support obligation against the father of the child pursuant to chapter 5, part 1 of this title.
Amended by 2021 Tenn. Acts, ch. 164, s 1, eff. 7/1/2021.
Added by 2015 Tenn. Acts, ch. 167, s 1, eff. 7/1/2015.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 6 - CHILD CUSTODY AND VISITATION (§§ 36-6-101 — 36-6-702) › Part 1 - GENERAL CUSTODY PROVISIONS (§§ 36-6-101 — 36-6-116) › Section 36-6-103 - Child's medical records

(a)
(1)
A copy of a child's medical records shall be furnished by the treating physician or treating hospital upon a written request by any of the following:
(A)
The noncustodial parent;
(B)
In the case of parents having joint custody of a child, the parent with whom the child is not residing; or
(C)
In the case of a child in the custody of a legal guardian, then either parent.
(2)
Such request must contain the current address of the requesting party.
(3)
Upon receiving such a request, the treating physician or hospital shall send a copy of the medical records to the requesting party unless furnished with a court order closing the records.
(4)
All expenses for records shall be paid by the requesting party.
(b)
Any judge having jurisdiction over the custody of such child may close the medical records of the child to the requesting parent upon a showing that the best interests of the child will be harmed if the records are released.
Acts 1987, ch. 237, § 1; 1989, ch. 381, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 6 - CHILD CUSTODY AND VISITATION (§§ 36-6-101 — 36-6-702) › Part 1 - GENERAL CUSTODY PROVISIONS (§§ 36-6-101 — 36-6-116) › Section 36-6-104 - Copy of child's school records - Furnishing to noncustodial or nonresident parents

(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.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 6 - CHILD CUSTODY AND VISITATION (§§ 36-6-101 — 36-6-702) › Part 1 - GENERAL CUSTODY PROVISIONS (§§ 36-6-101 — 36-6-116) › Section 36-6-105 - Schools or day care centers - Change in physical custody of child

No school official shall permit a change in the physical custody of a child at such official's school or day care center unless:
(1)
The person seeking custody of the child presents the school official with a certified copy of a valid court order from a Tennessee court placing custody of such child in such person; and
(2)
The person seeking custody gives the school official reasonable advance notice of such person's intent to take custody of such child at such official's school or day care center.
Acts 1992, ch. 963, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 6 - CHILD CUSTODY AND VISITATION (§§ 36-6-101 — 36-6-702) › Part 1 - GENERAL CUSTODY PROVISIONS (§§ 36-6-101 — 36-6-116) › Section 36-6-107 - Mediation in cases involving domestic abuse

(a)
In any proceeding concerning the custody of a child, if an order of protection issued in or recognized by this state is in effect or if there is a court finding of domestic abuse or any criminal conviction involving domestic abuse within the marriage that is the subject of the proceeding for divorce or separate support and maintenance, the court may order mediation or refer either party to mediation only if:
(1)
Mediation is agreed to by the victim of the alleged domestic or family violence;
(2)
Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and
(3)
The victim is permitted to have in attendance at mediation a supporting person of the victim's choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a nonattorney advocate for attendance at mediation.
(b)
Where the court makes findings of child abuse or child sexual abuse under former §
36-6-106(a)(8)
, the court may only award visitation under circumstances that guarantee the safety of the child. In order to guarantee the safety of the child, the court may order:
(1)
That all visits be supervised by a responsible adult or agency, the costs to be primarily borne by the perpetrating parent;
(2)
That the perpetrating parent attend and complete a program of counseling or other intervention as a precondition to visitation;
(3)
That overnight visitation be prohibited until such time that the perpetrating parent has completed court ordered counseling or intervention, or otherwise demonstrated a change in circumstances that guarantees the safety of the child;
(4)
That the address of the child and the nonperpetrating parent be kept confidential; and
(5)
Any other conditions the court deems necessary and proper to guarantee the safety of the child.
Acts 1997, ch. 350, § 2; 1998, ch. 1095, § 4.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 6 - CHILD CUSTODY AND VISITATION (§§ 36-6-101 — 36-6-702) › Part 1 - GENERAL CUSTODY PROVISIONS (§§ 36-6-101 — 36-6-116) › Section 36-6-109 - Notice of hearing

If a parent or other suitable person is awarded sole or joint custody of a child by a court pursuant to this chapter; and
If such parent or person is subsequently arrested, confined or otherwise detained by law enforcement officials or a court of competent jurisdiction; and
If, as a result of the arrest, confinement or detainment of such parent or person, such child temporarily comes to the care and custody of the department of children's services or any public or private agency, institution or home providing shelter care as defined in §
37-1-102
; then
Prior to the hearing required by §
37-1-114
, such department, agency, institution or home must undertake reasonable efforts to provide adequate notice of the time, place and purpose of such hearing to any other parent or person awarded joint custody or visitation rights by the court at the time the custody of the child was initially established.
Acts 1998, ch. 1006, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 6 - CHILD CUSTODY AND VISITATION (§§ 36-6-101 — 36-6-702) › Part 1 - GENERAL CUSTODY PROVISIONS (§§ 36-6-101 — 36-6-116) › Section 36-6-110 - Rights of noncustodial parents

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.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 6 - CHILD CUSTODY AND VISITATION (§§ 36-6-101 — 36-6-702) › Part 1 - GENERAL CUSTODY PROVISIONS (§§ 36-6-101 — 36-6-116) › Section 36-6-111 - Stay of interlocutory or final judgment

Notwithstanding any law to the contrary, in all actions that award, change, or affect the custody of a minor child, an interlocutory, or final judgment by any court in this state shall not be stayed after entry, unless otherwise ordered by that court and upon such terms as to bond or otherwise as it deems proper to secure the other party.
Acts 2004, ch. 647, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 6 - CHILD CUSTODY AND VISITATION (§§ 36-6-101 — 36-6-702) › Part 1 - GENERAL CUSTODY PROVISIONS (§§ 36-6-101 — 36-6-116) › Section 36-6-112 - Parent alleging abuse

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