reglab/statecodes huggingface dataset:
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 2 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 36-6-201 — 36-6-243) › Section 36-6-239 - Powers of prosecutors or public officials

(a)
In a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under this part or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child-custody determination if there is:
(1)
An existing child-custody determination;
(2)
A request to do so from a court in a pending child-custody proceeding;
(3)
A reasonable belief that a criminal statute has been violated; or
(4)
A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(b)
A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party.
Acts 1999, ch. 389, § 40.
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 2 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 36-6-201 — 36-6-243) › Section 36-6-240 - Law enforcement officer powers

At the request of a prosecutor or other appropriate public official acting under §
36-6-239
, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public official with responsibilities under §
36-6-239
.
Acts 1999, ch. 389, § 41.
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 2 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 36-6-201 — 36-6-243) › Section 36-6-241 - Respondent liability for costs and expenses incurred by prosecutors, public officials and law enforcement officers

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under §
36-6-239
or §
36-6-240
.
Acts 1999, ch. 389, § 42.
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 2 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 36-6-201 — 36-6-243) › Section 36-6-242 - Uniformity of construction among states

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Acts 1999, ch. 389, § 43.
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 2 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 36-6-201 — 36-6-243) › Section 36-6-243 - Actions commenced before June 14, 1999

A motion or other request for relief made in a child-custody proceeding or to enforce a child-custody determination which was commenced before June 14, 1999, is governed by the law in effect at the time the motion or other request was made.
Acts 1999, ch. 389, § 45.
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 3 - VISITATION (§§ 36-6-301 — 36-6-307) › Section 36-6-301 - Visitation

After making an award of custody, the court shall, upon request of the noncustodial parent, grant such rights of visitation as will enable the child and the noncustodial parent to maintain a parent-child relationship unless the court finds, after a hearing, that visitation is likely to endanger the child's physical or emotional health. In granting any such rights of visitation, the court shall designate in which parent's home each minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations and other special occasions. If the court finds that the noncustodial parent has physically or emotionally abused the child, the court may require that visitation be supervised or prohibited until such abuse has ceased or until there is no reasonable likelihood that such abuse will recur. The court may not order the department of children's services to provide supervision of visitation pursuant to this section except in cases where the department is the petitioner or intervening petitioner in a case in which the custody or guardianship of a child is at issue.
Acts 1995, ch. 428, § 3; 1996, ch. 1079, § 71; 1998, ch. 1050, § 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 3 - VISITATION (§§ 36-6-301 — 36-6-307) › Section 36-6-302 - Grandparents' visitation rights upon child's removal or placement in home or facility

(a)
(1)
(A)
If a child is removed from the custody of the child's parents, guardian or legal custodian; and
(B)
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;
(2)
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:
(A)
Such visitation rights would be in the best interest of the minor child;
(B)
The grandparents would adequately protect the child from further abuse or intimidation by the perpetrator or any other family member;
(C)
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:
(i)
Aggravated rape under §
39-2-603
[repealed];
(ii)
Rape under §
39-2-604
[repealed];
(iii)
Aggravated sexual battery under §
39-2-606
[repealed];
(iv)
Sexual battery under §
39-2-607
[repealed];
(v)
Assault with intent to commit rape or attempt to commit rape or sexual battery under §
39-2-608
[repealed];
(vi)
Crimes against nature under §
39-2-612
[repealed];
(vii)
Incest under §
39-4-306
[repealed];
(viii)
Begetting child on wife's sister under §
39-4-307
[repealed];
(ix)
Use of minor of obscene purposes under §
39-6-1137
[repealed]; or
(x)
Promotion of performance including sexual conduct by minor under §
39-6-1138
[repealed]; and
(D)
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:
(i)
Aggravated rape under §
39-13-502
;
(ii)
Rape under §
39-13-503
;
(iii)
Aggravated sexual battery under §
39-13-504
;
(iv)
Sexual battery under §
39-13-505
;
(v)
Criminal attempt for any of the offenses in subdivisions (a)(2)(D)(i)-(a)(2)(D)(iv) as provided in §
39-12-101
;
(vi)
Incest under §
39-15-302
;
(vii)
Sexual exploitation of a minor under §
39-17-1003
;
(viii)
Aggravated sexual exploitation of a minor under §
39-17-1004
; or
(ix)
Especially aggravated sexual exploitation of a minor under §
39-17-1005
.
(b)
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.
Acts 1971, ch. 74, §§ 1, 2; 1975, ch. 330, § 1; T.C.A., §§ 36-1101, 36-1102; Acts 1985, ch. 341, § 1; 1985, ch. 478, § 22; 1995, ch. 428, § 3; T.C.A. §
36-6-301
; Acts 1997 , ch. 503, § 1; 2000, ch. 981, § 51.
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 3 - VISITATION (§§ 36-6-301 — 36-6-307) › Section 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.
Acts 1996, ch. 900, § 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 3 - VISITATION (§§ 36-6-301 — 36-6-307) › Section 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:
(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.
Acts 1997, ch. 350, § 3.
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 3 - VISITATION (§§ 36-6-301 — 36-6-307) › Section 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:
(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.
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 4 - PARENTING PLANS (§§ 36-6-401 — 36-6-415) › Section 36-6-401 - Findings

(a)
Parents have the responsibility to make decisions and perform other parental duties necessary for the care and growth of their minor children. In any proceeding between parents under this chapter, the best interests of the child shall be the standard by which the court determines and allocates the parties' parental responsibilities. The general assembly recognizes the detrimental effect of divorce on many children and that divorce, by its nature, means that neither parent will have the same access to the child as would have been possible had they been able to maintain an intact family. The general assembly finds the need for stability and consistency in children's lives. The general assembly also has an interest in educating parents concerning the impact of divorce on children. The general assembly recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and the relationship between the child and each parent should be fostered unless inconsistent with the child's best interests. The best interests of the child are served by a parenting arrangement that best maintains a child's emotional growth, health and stability, and physical care.
(b)
The general assembly finds that mothers and fathers in families are the backbone of this state and this nation. They teach children right from wrong, respect for others, and the value of working hard to make a good life for themselves and for their future families. Most children do best when they receive the emotional and financial support of both parents. The general assembly finds that a different approach to dispute resolution in child custody and visitation matters is useful.
Acts 1997, ch. 557, § 1; 1998, ch. 1098, §§ 71, 74; 2000, ch. 889, § 1.
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 4 - PARENTING PLANS (§§ 36-6-401 — 36-6-415) › Section 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:
(1)
If the parties can agree to a temporary parenting plan, no written temporary parenting plan is required to be entered; or
(2)
If the parties cannot agree to a temporary parenting plan, either or both parties may request the court to order dispute resolution. The court may immediately order the parties to participate in dispute resolution to establish a temporary parenting plan unless one (1) of the restrictions in §
36-6-406(a)
exists. If dispute resolution is not available, either party may request and the court may order an expedited hearing to establish a temporary parenting plan. In either mediation or in a hearing before the court each party shall submit a proposed temporary parenting plan and a verified statement of income as defined by chapter 5 of this title, and a verified statement that the plan is proposed in good faith and is in the best interest of the child. If only one (1) party files a proposed temporary parenting plan in compliance with this section, that party may petition the court for an order adopting that party's plan by default, upon a finding by the court that the plan is in the child's best interest. In determining whether the proposed temporary parenting plan serves the best interests of the child, the court shall be governed by the allocation of residential time and support obligations contained in the child support guidelines and related provisions in chapter 5 of this title.
Acts 1997, ch. 557, § 1; T.C.A., §
36-6-407
; Acts 2000, ch. 889, § 1.
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 4 - PARENTING PLANS (§§ 36-6-401 — 36-6-415) › Section 36-6-407 - Allocation of parenting responsibilities

(a)
The court shall approve agreements of the parties allocating parenting responsibilities, or specifying rules, if it finds that:
(1)
The agreement is consistent with any limitations on a parent's decision-making authority mandated by §
36-6-406
;
(2)
The agreement is knowing and voluntary; and
(3)
The agreement is in the best interest of the child.
(b)
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:
(1)
A limitation on the other parent's decision-making authority is mandated by §
36-6-406
;
(2)
Both parents are opposed to mutual decision making; or
(3)
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.
(c)
Except as provided in subsections (a) and (b), the court shall consider the following criteria in allocating decision-making authority:
(1)
The existence of a limitation under §
36-6-406
;
(2)
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;
(3)
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
(4)
The parents' geographic proximity to one another, to the extent that it affects their ability to make timely mutual decisions.
(d)
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.
(e)
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.
Amended by 2020 Tenn. Acts, ch. 520, s 5, eff. 3/6/2020.
Acts 1997 , ch. 557, § 1; 1998, ch. 1098, § 71; T.C.A., §
36-6-411
; Acts 2000, ch. 889, § 1; 2009 , ch. 563, §§ 1, 2.
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 4 - PARENTING PLANS (§§ 36-6-401 — 36-6-415) › Section 36-6-408 - Parent educational seminar

(a)
In an action where a permanent parenting plan is or will be entered, each parent shall attend a parent educational seminar as soon as possible after the filing of the complaint. The seminar may be divided into sessions, which in the aggregate must not be less than four (4) hours in duration, and the minor children must be excluded from attending the seminar. The seminar must be educational in nature and not designed for individual therapy. The seminar must educate parents concerning how to protect and enhance the child's emotional development and inform the parents regarding the legal process. The seminar must include:
(1)
At least one (1) thirty-minute video on adverse childhood experiences created:
(A)
By the department of children's services in conjunction with the Tennessee commission on children and youth; or
(B)
As part of the Building Strong Brains Tennessee public awareness campaign; and
(2)
A discussion of alternative dispute resolution, marriage counseling, the judicial process, and common perpetrator attitudes and conduct involving domestic violence.
(b)
The fees or costs of the educational sessions under this section, which shall be reasonable, shall be borne by the parties and may be assessed by the court as it deems equitable. Such fees may be waived for indigent persons.
(c)
No court shall deny the granting of a divorce from the bonds of matrimony for failure of a party or both parties to attend the educational session.
(d)
The requirement of attendance by parents at the parent educational seminar may be waived upon motion by either party and the agreement of the court upon the showing of good cause.
Amended by 2020 Tenn. Acts, ch. 710, Secs.s1, s2 eff. 6/22/2020.
Acts 1997 , ch. 557, § 1; T.C.A., §
36-6-405
; Acts 2000, ch. 889, § 1.
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 4 - PARENTING PLANS (§§ 36-6-401 — 36-6-415) › Section 36-6-410 - Designation of custody for the purpose of other state and federal statutes

(a)
Solely for the purpose of all other state and federal statutes and any applicable policies of insurance that require a designation or determination of custody, a parenting plan must designate the parent with whom the child is scheduled to reside a majority of the time as the primary residential parent of the child; provided, that this designation shall not affect either parent's rights and responsibilities under the parenting plan. In the absence of such a designation, the parent with whom the child is scheduled to reside a majority of the time is deemed to be the primary residential parent for the purposes of such federal and state statutes.
(b)
Notwithstanding any law to the contrary, when the child is scheduled to reside an equal amount of time with both parents, the parents may agree to a designation as joint primary residential parents or to waive the designation of a primary residential parent. In the absence of an agreement between the parties, a single primary residential parent must be designated; provided, that this designation shall not affect either parent's rights and responsibilities under the parenting plan.
Amended by 2019 Tenn. Acts, ch. 83,s 2, eff. 7/1/2019.
Acts 1997, ch. 557, § 1; T.C.A., §
36-6-413
; Acts 2000, ch. 889, § 1.
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 4 - PARENTING PLANS (§§ 36-6-401 — 36-6-415) › Section 36-6-411 - Juvenile court jurisdiction

(a)
Nothing in this part shall be construed to alter, modify or restrict the exclusive jurisdiction of the juvenile court pursuant to §
37-1-103
.
(b)
The juvenile court may incorporate any part of the parenting plan process in any matter that the court deems appropriate.
(c)
Nothing in this part shall require the department of children's services, acting in any capacity, to:
(1)
Be bound in any manner by a permanent parenting plan;
(2)
Participate in mediation or dispute resolution in relation to any permanent parenting plan; or
(3)
Facilitate the development, modification, or presentation of any permanent or temporary parenting plan to a court.
Acts 1997, ch. 557, § 1; T.C.A., §
36-6-403
; Acts 2000, ch. 889, § 1; 2006, ch. 947, §§ 1, 4.
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 4 - PARENTING PLANS (§§ 36-6-401 — 36-6-415) › Section 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.
Acts 1997, ch. 557, § 1; T.C.A., §
36-6-404
; Acts 2000, ch. 889, § 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 4 - PARENTING PLANS (§§ 36-6-401 — 36-6-415) › Section 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.
Acts 2000, ch. 889, § 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 4 - PARENTING PLANS (§§ 36-6-401 — 36-6-415) › Section 36-6-415 - Address for purposes of determining school zoning

When the child is scheduled to reside an equal amount of time with both parents, the address of either parent may be used to determine school zoning.
Added by 2019 Tenn. Acts, ch. 83,s 3, eff. 7/1/2019.
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 5 - PARENT VISITATION (§§ 36-6-501 — 36-6-511) › Section 36-6-501 - Part definitions

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.
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 5 - PARENT VISITATION (§§ 36-6-501 — 36-6-511) › Section 36-6-502 - Compliance with visitation orders - Enforcement

(a)
In all cases where visitation is ordered, both parents shall comply with such order of visitation by turning over custody of the child on the days and at the times so ordered by the court and by picking up the child and returning the child on the days and at the times so ordered by the court.
(b)
An order of visitation may be enforced by using the license revocation, denial or suspension procedures provided in this part and any other sanctions deemed appropriate by the court.
(c)
Notwithstanding any law to the contrary, if the driver license of a parent is currently canceled, suspended or revoked pursuant to title 55, chapter 10, part 4, or title 55, chapter 50, part 5, and, if such parent personally drives a motor vehicle to the location where the parent is scheduled to take custody of a child pursuant to a valid order of visitation or parenting plan, then the parent or other person having custody of the child may refuse to turn over custody of the child under the circumstances and such refusal shall not constitute a violation of subsection (a).
Acts 2000, ch. 971, § 3; 2003, ch. 243, § 2.
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 5 - PARENT VISITATION (§§ 36-6-501 — 36-6-511) › Section 36-6-503 - Petition regarding intentional violation of visitation order - Notice

(a)
A parent, who has been victimized by the other parent's intentional violation of §
36-6-502(a)
on two (2) or more occasions within any six-month period, may petition the court having jurisdiction over the order of visitation for a finding that the other parent is not in compliance with an order of visitation; provided, prior to the most recent violation, the victimized parent must have notified the other parent, by certified mail, return receipt requested, that subsequent violations of the court-ordered visitation shall be subject to sanctions authorized by this part and a copy of such notification must have been filed with the court. The petitioner shall include with the petition any information concerning a license held by the other parent and covered by §
36-6-511
. A notice shall be served on the other parent together with the petition. Such notice shall state that:
(1)
The parent may request a hearing to contest the issue of compliance;
(2)
A request for a hearing must be made in writing and must be received by the court within twenty (20) days of service;
(3)
If such parent requests a hearing within twenty (20) days of service, the court shall stay the proceedings to certify such parent to any appropriate licensing authority for noncompliance with an order of visitation pending a decision after the hearing;
(4)
If the court finds that such parent is not in compliance with an order of visitation or such parent does not request a hearing within twenty (20) days of service, the court may certify such parent to any appropriate licensing authority for noncompliance with a court order of visitation; and
(5)
If the court certifies such parent to a licensing authority for noncompliance with an order of visitation, the licensing authority, notwithstanding any law to the contrary, must deny a renewal request, revoke such parent's license or refuse to issue or reinstate a license, as the case may be, until such parent provides the licensing authority with a release from the court pursuant to §
36-6-508
that states such parent is in compliance with the order of visitation.
(b)
The notice sent pursuant to this section shall also include a statement informing such parent of the need to obtain a release from the court in order to allow such parent's license to be issued, renewed or reinstated. The notice shall be served by certified mail, return receipt requested, or by personal service with an affidavit of service completed by an authorized process server.
Acts 2000, ch. 971, § 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 5 - PARENT VISITATION (§§ 36-6-501 — 36-6-511) › Section 36-6-504 - Hearing to contest court's intention to issue finding of noncompliance - Consent order

(a)
If a parent requests a hearing pursuant to this part to contest the court's intention to issue a finding of noncompliance to a licensing authority, the court shall conduct the hearing only to determine:
(1)
Whether the licensee is a parent subject to an order of visitation;
(2)
Whether the licensee is not in compliance with an order of visitation; and
(3)
Whether good cause exists to impose the licensing sanctions provided for in this part.
(b)
The parties may enter into a consent order wherein the parent in violation agrees to henceforth comply with the order of visitation. Upon entry of such an order the proceedings for licensing sanctions shall be further stayed unless there is noncompliance with the consent order. In the event of noncompliance with the consent order, the stay shall cease and the court shall certify to each affected licensing authority that such parent is not in compliance with an order of visitation. Entry of such consent order shall constitute a waiver of such parent's right to any hearing on the issue of noncompliance with an order of visitation based upon the notice of noncompliance for which the consent order has been entered.
(c)
The cost of this action and reasonable attorney's fees shall be taxed to the parent who is not in compliance with an order of visitation. The cost of this action and reasonable attorney's fees shall be assessed against any parent who, in bad faith, petitions the court for imposition of sanctions pursuant to this part.
Acts 2000, ch. 971, § 5.
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 5 - PARENT VISITATION (§§ 36-6-501 — 36-6-511) › Section 36-6-505 - Requesting hearing for noncompliance

(a)
If a parent timely requests a hearing to contest the issue of compliance, the court shall stay the action and may not certify the name of such parent to any licensing authority for noncompliance with an order of visitation until the court issues a written decision after a hearing that finds such parent is not in compliance with an order of visitation; provided, that after a decision by the court has been made in the form of a final order as provided in §
4-5-315
, there will be no further stay unless a reviewing court issues a stay, which stay shall be automatic upon the filing of a notice of appeal.
(b)
The court shall issue its decision after hearing without undue delay. The order must inform both parents that either party may file an appeal of the decision within thirty (30) days of the date of the decision. A certification concerning the status of a license shall be automatically stayed pending disposition of an appeal.
(c)
Upon a finding of noncompliance, the court may also allocate additional time with the child to the nonoffending parent.
(d)
Notwithstanding any law to the contrary, the court shall assess costs of an unsuccessful appeal of notice of noncompliance to the parent in non-compliance.
Acts 2000, ch. 971, § 6.
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 5 - PARENT VISITATION (§§ 36-6-501 — 36-6-511) › Section 36-6-506 - Determining noncompliance of visitation

The court may certify in writing or by electronic data exchange to each licensing authority that the offending parent is not in compliance with an order of visitation if:
(1)
Such parent does not timely request a hearing upon service of notice issued under §
36-6-503
;
(2)
Such parent has not entered into a consent order as provided for in §
36-6-504
, or having entered into such an order, has failed to comply with such an order;
(3)
The court issues a decision after a hearing pursuant to this part that finds such parent is not in compliance with an order of visitation; or
(4)
In any proceeding to enforce any provision of an order of visitation, the court finds a parent to be not in compliance with the order of visitation and the other parent specifically prayed for relief in the form of license revocation, denial or suspension.
Acts 2000, ch. 971, § 7.
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 5 - PARENT VISITATION (§§ 36-6-501 — 36-6-511) › Section 36-6-507 - Denial, suspension or revocation of a license

(a)
Notwithstanding any other law, rule or regulation to the contrary, the certification from the court under §
36-6-506
shall be a basis for the denial, suspension or revocation of a license, or for refusal to issue, renew, or reinstate a license by a licensing authority.
(b)
The licensing authority shall notify, without undue delay, by regular mail, a parent certified from the court under §
36-6-506
, that the parent's application for the issuance, renewal or reinstatement of a license has been denied or that the parent's current license has been suspended or revoked because the parent's name has been certified by the court as a parent who is not in compliance with an order of visitation.
(c)
A notice of suspension shall specify the reason and statutory grounds for the suspension and the effective date of the suspension and may include any other notices prescribed by the licensing authority. The notice shall also inform the individual that in order to apply for issuance, renewal or reinstatement of the license, the individual shall obtain a release from the court in accordance with §
36-6-508
.
(d)
If a licensing authority fails to deny, suspend or revoke a license when so ordered by a court pursuant to this part, the other parent may petition the court to compel the authority's compliance.
(e)
A notice to the individual by the licensing authority to revoke, deny, suspend, or refuse to renew or reinstate a license after receipt of the court certification under this section shall not be appealable under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
Acts 2000, ch. 971, § 8.
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 5 - PARENT VISITATION (§§ 36-6-501 — 36-6-511) › Section 36-6-508 - Compliance with order - Release from the court

(a)
When a parent who is served notice under §
36-6-503
, or whose license was otherwise revoked, denied or suspended by order of the court, complies with the order of visitation, the court shall provide the licensing authority with written or electronic data exchange confirmation that the parent is in compliance with the order and issue a release to the parent. For purposes of lifting the licensing sanctions pursuant to this section, a parent will be considered in compliance with an order of visitation upon fully complying with such order for the next four (4) consecutive scheduled visitation periods after the finding by the court of noncompliance.
(b)
(1)
Upon receipt of the release from the court, the licensing authority shall issue or extend the parent's license, or withdraw any denial, revocation or suspension of the parent's license; provided, that all other applicable licensing requirements are met by the parent. If all other applicable licensing requirements are met by the parent, the parent shall not, however, be required to be retested or recertified for a license that was valid and that was held in good standing by the parent, or for which the parent had been determined otherwise eligible by the licensing authority to receive, prior to the revocation or suspension or denial of such license pursuant to this part, and which license was revoked, suspended or denied solely pursuant to this part.
(2)
If, after the revocation, suspension or denial of the license, and before the date on which the next periodic licensing would be due, the license is restored or issued by the licensing authority due to a release, the parent shall not be required to pay a new periodic license fee for the period remaining before the next periodic licensing fee would be due; provided, the licensing authority may impose a reasonable reinstatement fee not to exceed five dollars ($5.00) for processing of the restoration or issuance of the license at any time.
Acts 2000, ch. 971, § 9.
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 5 - PARENT VISITATION (§§ 36-6-501 — 36-6-511) › Section 36-6-509 - Authorities cooperating with the court

The various licensing authorities shall cooperate with the court in any manner necessary to effectuate this part, and the court and the various licensing authorities shall enter into any necessary agreements to carry out the purposes of this part.
Acts 2000, ch. 971, § 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 5 - PARENT VISITATION (§§ 36-6-501 — 36-6-511) › Section 36-6-510 - Filing of motions

Nothing in this part prohibits a custodial or noncustodial parent from filing a motion with the court to modify an order of visitation or a custody order.
Acts 2000, ch. 971, § 11.
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 5 - PARENT VISITATION (§§ 36-6-501 — 36-6-511) › Section 36-6-511 - Qualifications for licensure or registration - Eligibility

(a)
In addition to other qualifications for licensure or registration and conditions for continuing eligibility to hold a license as prescribed by law, rule or regulation issued under titles 43, 44, 45, 56, 62, 63, 68, 70 or 71, for an individual to engage in a profession, trade, occupation, business, or industry, or to hunt or fish, applicants for licensure, certification or registration, and licensees renewing their licenses, and existing licensees, must not then be subject to a certification that the licensee is not in compliance with an order of visitation.
(b)
The supreme court is encouraged to establish guidelines to suspend the license of an attorney who fails to comply with an order of visitation.
Acts 2000, ch. 971, § 12.
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 6 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 36-6-601 — 36-6-612) › Section 36-6-601 - Short title

This part shall be known and may be cited as the "Uniform Child Abduction Prevention Act."
Acts 2010, ch. 832, § 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 6 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 36-6-601 — 36-6-612) › Section 36-6-602 - Part definitions

In this part:
(1)
"Abduction" means the wrongful removal or wrongful retention of a child;
(2)
"Child" means an unemancipated individual who is less than eighteen (18) years of age;
(3)
"Child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order;
(4)
"Child-custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue. "Child-custody proceeding" includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence;
(5)
"Court" means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination;
(6)
"Petition" includes a motion or its equivalent;
(7)
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(8)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. "State" includes a federally recognized Indian tribe or nation;
(9)
"Travel document" means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. "Travel document" does not include a passport or visa;
(10)
"Wrongful removal" means the taking of a child that breaches rights of custody or visitation given or recognized under the law of this state; and
(11)
"Wrongful retention" means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the law of this state.
Acts 2010, ch. 832, § 1.
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 6 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 36-6-601 — 36-6-612) › Section 36-6-603 - Cooperation and communication among courts

Sections
36-6-210
,
36-6-211
and
36-6-212
apply to cooperation and communications among courts in proceedings under this part.
Acts 2010, ch. 832, § 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 6 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 36-6-601 — 36-6-612) › Section 36-6-604 - Actions for abduction prevention measures

(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.
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 6 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 36-6-601 — 36-6-612) › Section 36-6-605 - Jurisdiction

(a)
A petition under this part may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under part 2 of this chapter.
(b)
A court of this state has temporary emergency jurisdiction under §
36-6-219
if the court finds a credible risk of abduction.
Acts 2010, ch. 832, § 1.
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 6 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 36-6-601 — 36-6-612) › Section 36-6-606 - Contents of petition

(a)
A petition under this part must be verified and include a copy of any existing child-custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described in §
36-6-607
.
(b)
Subject to §
36-6-224(e)
, if reasonably ascertainable, the petition must contain:
(1)
The name, date of birth, and gender of the child;
(2)
The customary address and current physical location of the child;
(3)
The identity, customary address, and current physical location of the respondent;
(4)
A statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child, and the date, location, and disposition of the action;
(5)
A statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case; and
(6)
Any other information required to be submitted to the court for a child-custody determination under §
36-6-224
.
Acts 2010, ch. 832, § 1.