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 1 - GENERAL CUSTODY PROVISIONS (§§ 36-6-101 — 36-6-116) › Section 36-6-113 - Failure to return child to custodial parent - Emergency order declaring child to be in imminent danger of serious bodily injury or death and ordering noncustodial parent to return child

(a)
If a custody, parentage, child support, or dependency and neglect proceeding is pending before a court and the noncustodial parent fails to return the child to the custodial parent in accordance with the current visitation order or parenting plan, then the custodial parent may, after reporting the child missing to a law enforcement agency, file a motion with the court seeking an emergency order declaring the child to be in imminent danger of serious bodily injury or death and ordering the noncustodial parent to return the child.
(b)
The court may issue an order declaring the child to be in imminent danger of serious bodily injury or death and ordering the noncustodial parent to return the child to the custodial parent immediately if the court finds:
(1)
The custodial parent and the noncustodial parent are parties in a custody, parentage, support, or dependency and neglect matter currently pending before the court;
(2)
The noncustodial parent failed to return the child to the custodial parent on the date and time specified in the current visitation order or parenting plan;
(3)
The custodial parent has reported the child as missing to a law enforcement agency;
(4)
At least forty-eight (48) hours have passed since the noncustodial parent was to have returned the child to the custodial parent under the current visitation order or parenting plan; and
(5)
The noncustodial parent has:
(A)
Failed to contact the custodial parent within the past forty-eight (48) hours; or
(B)
Failed to return the child to the custodial parent.
(c)
If a judge enters an order pursuant to this section, then the clerk of the court shall immediately send, via electronic mail, a copy of the order to the law enforcement agency investigating the report of the missing child.
(d)
This section does not modify the discretion of a law enforcement agency to investigate a report of a missing child, notify local media about a missing child, or issue any form of missing child alert.
(e)
As used in this section, "custodial parent" means the parent with whom the child resides more than fifty percent (50%) of the time.
Added by 2022 Tenn. Acts, ch. 767, s 2, eff. 4/6/2022.
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 36-6-114 - False allegations of sexual abuse in furtherance of litigation

Whenever a trial court finds that any person knowingly made a false allegation of sexual abuse in furtherance of litigation, in addition to any other penalties provided for by law or rule, the court may hold the accuser in contempt of court and may order the accuser to pay all litigation expenses, including, but not limited to, reasonable attorney's fees, discretionary costs and other costs incurred by the wrongly accused party in defending against the false allegation.
Acts 2010, ch. 894, § 3.
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 36-6-115 - Requirements to be met by parent for return of child removed from custody due to parent's drug abuse

When, in a private custody case not involving the department of children's services or a child-placing agency, a court has removed a child from the custody of the child's parent due primarily or solely to drug abuse by the parent, the court shall not return the child to the parent's custody until the parent has demonstrated a sustained commitment to responsible parenting by:
(1)
Not being the subject of criminal charges or a criminal investigation for at least ninety (90) days;
(2)
Resolving any former and pending investigations by child protective services to the satisfaction of the court; and
(3)
Passing two (2) consecutive monthly drug screens to be paid for by the parent.
Added by 2015 Tenn. Acts, ch. 236,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 2 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 36-6-201 — 36-6-243) › Section 36-6-201 - Short title

This part may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act."
Acts 1999, ch. 389, § 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 2 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 36-6-201 — 36-6-243) › Section 36-6-202 - Construction and purpose

This part shall be liberally construed and applied to promote its underlying purposes and policies. This part should be construed according to its purposes, which are to:
(1)
Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well-being;
(2)
Promote cooperation with the courts of other states to the end that a custody decree is rendered in that state which can best decide the case in the interest of the child;
(3)
Discourage the use of the interstate system for continuing controversies over child custody;
(4)
Deter abductions of children;
(5)
Avoid relitigation of custody decisions of other states in this state; and
(6)
Facilitate the enforcement of custody decrees of other states.
Acts 1999, ch. 389, § 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 2 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 36-6-201 — 36-6-243) › Section 36-6-203 - Evidentiary use of official comments

In any dispute as to the proper construction of one (1) or more sections of this part, the official comments pertaining to the corresponding sections of the Uniform Child Custody Jurisdiction and Enforcement Act, Official Text, as adopted by the Uniform Law Commission as in effect on June 14, 1999, shall constitute evidence of the purposes and policies underlying such sections, unless:
(1)
The sections of this part that are applicable to the dispute differ materially from the sections of the Official Text that would be applicable thereto; or
(2)
The Official Comments are inconsistent with the plain meaning of the applicable sections of this part.
Amended by 2024 Tenn. Acts, ch. 494,s 8, eff. 2/21/2024.
Acts 1999, ch. 389, § 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 2 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 36-6-201 — 36-6-243) › Section 36-6-204 - Official comments to be included in this part

The Tennessee code commission is hereby authorized and directed to include as Official Comments those comment provisions pertaining to the corresponding sections of the Uniform Child Custody Jurisdiction and Enforcement Act, which shall be transmitted to the commission with this act.
Acts 1999, ch. 389, § 5.
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 36-6-206 - Applicability to adoption or emergency medical care proceedings

This part does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
Acts 1999, ch. 389, § 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 2 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 36-6-201 — 36-6-243) › Section 36-6-207 - Native American children

(a)
A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act (
25 U.S.C. § 1901
et seq.) is not subject to this part to the extent that it is governed by the Indian Child Welfare Act.
(b)
A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying parts 1 and 2 of this chapter.
(c)
A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under part 3 of this chapter.
Acts 1999, ch. 389, § 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 2 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 36-6-201 — 36-6-243) › Section 36-6-208 - Foreign countries - Human rights

(a)
A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this part.
(b)
Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under this part.
(c)
A court of this state need not apply this part if the child custody law of a foreign country violates fundamental principles of human rights.
Acts 1999, ch. 389, § 9.
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 36-6-209 - Binding nature of state court decisions

(a)
A child-custody determination made by a court of this state that had jurisdiction under this part binds all persons who have been served in accordance with the laws of this state or notified in accordance with this part or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard.
(b)
As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
Acts 1999, ch. 389, § 10.
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 36-6-210 - Priority of jurisdictional question in proceedings

If a question of existence or exercise of jurisdiction under this part is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
Acts 1999, ch. 389, § 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 2 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 36-6-201 — 36-6-243) › Section 36-6-211 - Requirements for notice

(a)
Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice, but may be by publication if other means are not effective.
(b)
Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.
(c)
Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
Acts 1999, ch. 389, § 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 2 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 36-6-201 — 36-6-243) › Section 36-6-212 - Personal jurisdiction over a party - Immunity from jurisdiction for unrelated matters

(a)
A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
(b)
A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(c)
The immunity granted by subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this part committed by an individual while present in this state.
Acts 1999, ch. 389, § 13.
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 36-6-213 - Communication among courts and parties - Records of communications

(a)
A court of this state may communicate with a court in another state concerning a proceeding arising under this part.
(b)
The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(c)
Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
(d)
Except as otherwise provided in subsection (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.
(e)
For the purposes of this section, "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.
Acts 1999, ch. 389, § 14.
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 36-6-214 - Testimony of witnesses residing out of state - Acceptance of electronically transmitted documents as evidence

(a)
In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(b)
A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(c)
Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
Acts 1999, ch. 389, § 15.
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 36-6-215 - Request for hearing in, or evidence from another state - Holding hearings or obtaining evidence for other states - Expenses - Preservation of records

(a)
A court of this state may request the appropriate court of another state to:
(1)
Hold an evidentiary hearing;
(2)
Order a person to produce or give evidence pursuant to procedures of that state;
(3)
Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4)
Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and
(5)
Order a party to a child-custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b)
Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a).
(c)
Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the law of this state.
(d)
A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child-custody proceeding until the child attains eighteen (18) years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
Acts 1999, ch. 389, § 16.
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 36-6-216 - Jurisdiction to make custody determination

(a)
Except as otherwise provided in §
36-6-219
, a court of this state has jurisdiction to make an initial child custody determination only if:
(1)
This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six (6) months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
(2)
A court of another state does not have jurisdiction under subdivision (a)(1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under §
36-6-221
or §
36-6-222
, and:
(A)
The child and the child's parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
(B)
Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;
(3)
All courts having jurisdiction under subdivision (a)(1) or (a)(2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under §
36-6-221
or §
36-6-222
; or
(4)
No court of any other state would have jurisdiction under the criteria specified in subdivision (a)(1), (a)(2), or (a)(3).
(b)
Subsection (a) is the exclusive jurisdictional basis for making a child-custody determination by a court of this state.
(c)
Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.
Acts 1999, ch. 389, § 17.
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 36-6-217 - Continuing jurisdiction of state courts - Jurisdiction to modify own decrees

(a)
Except as otherwise provided in §
36-6-219
, a court of this state which has made a child-custody determination consistent with this part has exclusive, continuing jurisdiction over the determination until:
(1)
A court of this state determines that neither the child, nor the child and one (1) parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or
(2)
A court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state.
(b)
A court of this state which has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under §
36-6-216
.
Acts 1999, ch. 389, § 18.
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 36-6-218 - Jurisdiction to modify foreign decrees

Except as otherwise provided in §
36-6-219
, a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under §
36-6-216(a)(1) or (2)
, and:
(1)
The court of the other state determines it no longer has exclusive, continuing jurisdiction under §
36-6-217
or that a court of this state would be a more convenient forum under §
36-6-221
; or
(2)
A court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.
Acts 1999, ch. 389, § 19.
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 36-6-219 - Temporary emergency jurisdiction - Order enforcement - Communication with foreign courts

(a)
A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(b)
If there is no previous child custody determination that is entitled to be enforced under this part and a child custody proceeding has not been commenced in a court of a state having jurisdiction under §§
36-6-216
- 36-6-218, a child-custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under §§
36-6-216
- 36-6-218. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under §§
36-6-216
- 36-6-218, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.
(c)
If there is a previous child custody determination that is entitled to be enforced under this part, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under §§
36-6-216
- 36-6-218, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under §§
36-6-216
- 36-6-218. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
(d)
A court of this state which has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a state having jurisdiction under §§
36-6-216
- 36-6-218, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to §§
36-6-216
- 36-6-218, upon being informed that a child custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
Acts 1999, ch. 389, § 20.
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 36-6-220 - Notice and opportunity to be heard - Joinder and intervention

(a)
Before a child-custody determination is made under this part, notice and an opportunity to be heard in accordance with the standards of §
36-6-211
must be given to all persons entitled to notice under the law of this state as in child-custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.
(b)
This part does not govern the enforceability of a child-custody determination made without notice or an opportunity to be heard.
(c)
The obligation to join a party and the right to intervene as a party in a child-custody proceeding under this part are governed by the law of this state as in child-custody proceedings between residents of this state.
Acts 1999, ch. 389, § 21.
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 36-6-221 - Proceedings already commenced in another state

(a)
Except as otherwise provided in §
36-6-219
, a court of this state may not exercise its jurisdiction under this part if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this part, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under §
36-6-222
.
(b)
Except as otherwise provided in §
36-6-219
, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to §
36-6-224
. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this part, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this part does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(c)
In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(1)
Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(2)
Enjoin the parties from continuing with the proceeding for enforcement; or
(3)
Proceed with the modification under conditions it considers appropriate.
Acts 1999, ch. 389, § 22.
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 36-6-222 - Declining jurisdiction - Inconvenient forum

(a)
A court of this state which has jurisdiction under this part to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.
(b)
Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(1)
The length of time the child has resided outside this state;
(2)
The distance between the court in this state and the court in the state that would assume jurisdiction;
(3)
The relative financial circumstances of the parties;
(4)
Any agreement of the parties as to which state should assume jurisdiction;
(5)
The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(6)
The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence;
(7)
Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; and
(8)
The familiarity of the court of each state with the facts and issues in the pending litigation.
(c)
If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
(d)
A court of this state may decline to exercise its jurisdiction under this part if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
Acts 1999, ch. 389, § 23.
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 36-6-223 - Unjustifiable conduct of a party

(a)
Except as otherwise provided in §
36-6-219
, or by other law of this state, if a court of this state has jurisdiction under this part because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(1)
The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2)
A court of the state otherwise having jurisdiction under §§
36-6-216
- 36-6-218 determines that this state is a more appropriate forum under §
36-6-222
; or
(3)
No court of any other state would have jurisdiction under the criteria specified in §§
36-6-216
- 36-6-218.
(b)
If a court of this state declines to exercise its jurisdiction pursuant to subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under §§
36-6-216
- 36-6-218.
(c)
If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate.
Acts 1999, ch. 389, § 24.
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 36-6-224 - Information in first pleading or affidavit - Stay - Continuing duty to inform court - Sealing records

(a)
Subject to §
36-4-106(b)
, in a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath, as to the child's present address or whereabouts, the places where the child has lived during the last five (5) years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
(1)
Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any;
(2)
Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and
(3)
Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(b)
If the information required by subdivisions (a)(1)-(3) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(c)
If the declaration as to any of the items described in subdivisions (a)(1)-(3) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
(d)
Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(e)
If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice. Nothing in this subsection (e) shall be construed to require sealing of any information or records maintained by the state or a local government except identifying information in a custody or visitation action brought under this part.
Acts 1999, ch. 389, § 25.
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 36-6-225 - Order to appear before court - Orders to ensure safety - Payment of expenses

(a)
In a child-custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
(b)
If a party to a child-custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to §
36-6-220
include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
(c)
The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(d)
If a party to a child custody proceeding who is outside this state is directed to appear under subsection (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
Acts 1999, ch. 389, § 26.
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 36-6-226 - Enforcement of international orders under the Hague Convention

A court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination.
Acts 1999, ch. 389, § 27.
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 36-6-227 - Recognition and enforcement of foreign decrees

(a)
A court of this state shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this part, or the determination was made under factual circumstances meeting the jurisdictional standards of this part and the determination has not been modified in accordance with this part.
(b)
A court of this state may utilize any remedy available under other law of this state to enforce a child-custody determination made by a court of another state. The remedies provided in this part are cumulative and do not affect the availability of other remedies to enforce a child-custody determination.
Acts 1999, ch. 389, § 28.
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 36-6-228 - Temporary order of enforcement

(a)
A court of this state which does not have jurisdiction to modify a child-custody determination may issue a temporary order enforcing:
(1)
A visitation schedule made by a court of another state; or
(2)
The visitation provisions of a child-custody determination of another state that does not provide for a specific visitation schedule.
(b)
If a court of this state makes an order under subdivision (a)(2), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in this part. The order remains in effect until an order is obtained from the other court or the period expires.
Acts 1999, ch. 389, § 29.
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 36-6-230 - Enforcement and modification of registered decrees

(a)
A court of this state may grant any relief normally available under the law of this state to enforce a registered child-custody determination made by a court of another state.
(b)
A court of this state shall recognize and enforce, but may not modify, except in accordance with this part, a registered child-custody determination of a court of another state.
Acts 1999, ch. 389, § 31.
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 36-6-231 - Proceeding for enforcement of registered decree when modification procedures are pending in another state

If a proceeding for enforcement under this part is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under this part, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
Acts 1999, ch. 389, § 32.
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 36-6-233 - Service of petition and order

Except as otherwise provided in §
36-6-235
, the petition and order must be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child.
Acts 1999, ch. 389, § 34.
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 36-6-234 - Order for immediate physical custody - Fees, costs and expenses - Party refusal to testify - Husband and wife communications as evidence

(a)
Unless the court issues a temporary emergency order pursuant to §
36-6-219
, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(1)
The child-custody determination has not been registered and confirmed under §
36-6-229
and that:
(A)
The issuing court did not have jurisdiction under this part;
(B)
The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part; or
(C)
The respondent was entitled to notice, but notice was not given in accordance with the standards of §
36-6-211
, in the proceedings before the court that issued the order for which enforcement is sought; or
(2)
The child-custody determination for which enforcement is sought was registered and confirmed under §
36-6-229
but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part.
(b)
The court shall award the fees, costs, and expenses authorized under §
36-6-236
and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
(c)
If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(d)
A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this part.
Acts 1999, ch. 389, § 35.
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 36-6-235 - Warrant for physical custody - Conditional placement

(a)
Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.
(b)
If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by §
36-6-232(b)
.
(c)
A warrant to take physical custody of a child must:
(1)
Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(2)
Direct law enforcement officers to take physical custody of the child immediately; and
(3)
Provide for the placement of the child pending final relief.
(d)
The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(e)
A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(f)
The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
Acts 1999, ch. 389, § 36.
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 36-6-236 - Award of prevailing party fees, costs and expenses

The court may award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings. The court may assess fees, costs, or expenses against a state pursuant to this part.
Acts 1999, ch. 389, § 37.
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 36-6-237 - Full faith and credit for foreign orders

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this part which enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under this part.
Acts 1999, ch. 389, § 38.
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 36-6-238 - Appeals

An appeal may be taken from a final order in a proceeding under this part in accordance with the Tennessee Rules of Appellate Procedure and may be accelerated under Tennessee Rules of the Court of Appeals, Rule 13. Unless the court enters a temporary emergency order under §
36-6-219
, the enforcing court may not stay an order enforcing a child-custody determination pending appeal.
Acts 1999, ch. 389, § 39.