Title 36 Domestic Relations

Chapter 1 Adoption

Part 1 General Provisions

§ 36-1-101. Purpose of part — Construction.

(a) The primary purpose of this part is to provide means and procedures for the adoption of children and adults that recognize and effectuate to the greatest extent possible the rights and interests of persons affected by adoption, especially those of the adopted persons, which are specifically protected by the constitutions of the United States and the state of Tennessee and to those ends seek to ensure, to the greatest extent possible, that:
1. (1) Children are removed from the homes of their parents or guardians only when that becomes the only alternative that is consistent with the best interest of the child;
2. (2) Children are placed only with those persons who have been determined to be capable of providing proper care and a loving home for an adopted child;
3. (3) The rights of children to be raised in loving homes that are capable of providing proper care for adopted children and that the best interests of children in the adoptive process are protected;
4. (4) The adoptive process protects the rights of all persons who are affected by that process and who should be entitled to notice of the proceedings for the adoption of a child;
5. (5) The adoption proceedings are held in an expeditious manner to enable the child to achieve permanency, consistent with the child's best interests, at the earliest possible date; and
6. (6) The adopted child is protected in the child's adoptive relationship from any interference by any person who may have some legal claim after the child has become properly adjusted to the child's adoptive home.
(b) The secondary purpose of this part is to:
1. (1) Protect biological parents and guardians of children from decisions concerning the relinquishment of their parental or guardian's rights to their children or wards that might be made as a result of undue influence or fraud;
2. (2) Protect adoptive parents from assuming the care and responsibility for a child about whose physical, mental, emotional, and hereditary background they are unaware;
3. (3) Protect the adoptive parents from the later disturbance of their parental relationship with their child by the biological or prior legal parents of the child who may have some legal claim due to the failure to protect their legal rights; and
4. (4) Provide adoption promotion and support services and activities designed to encourage early permanency and adoptions, when adoptions promote the best interests of children, including such activities as pre-adoptive and post-adoptive services and activities designed to expedite the adoption process.
(c) The purpose of this part shall also be to favor the rights of adopted persons or other persons for whom any closed records are maintained and their families to obtain information concerning the lives of those persons and to permit them to obtain information about themselves from the adoption records, sealed records, sealed adoption records, or post-adoption records to which they are entitled, but also to recognize the rights of parents and adopted persons not to be contacted by the persons who obtain such information, except in compliance with this part.
(d) In all cases, when the best interests of the child and those of the adults are in conflict, such conflict shall always be resolved to favor the rights and the best interests of the child, which interests are hereby recognized as constitutionally protected and, to that end, this part shall be liberally construed.

History (5)

Acts 1951, ch. 202, § 1 (Williams, § 9572.15)
T.C.A. (orig. ed.), § 36-101
Acts 1995, ch. 532, § 1
1996, ch. 1054, §§ 1, 2
1998, ch. 1097, § 1.

§ 36-1-102. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1)
  1. (A) For purposes of terminating the parental or guardian rights of a parent or parents or a guardian or guardians of a child to that child in order to make that child available for adoption, “abandonment” means that:
    1. (i)
      1. (a) If the child is four (4) years of age or more at the time of the filing of a petition for termination of parental rights, for a period of four (4) consecutive months immediately preceding the filing of a proceeding, pleading, petition, or amended or supplemental petition to terminate the parental rights of the parent or parents or the guardian or guardians of the child who is the subject of the petition for termination of parental rights or adoption, the parent or parents or the guardian or guardians either have failed to visit or have failed to support or have failed to make reasonable payments toward the support of the child;
      2. (b) If the child is less than four (4) years of age at the time of the filing of a petition for termination of parental rights, for a period of three (3) consecutive months immediately preceding the filing of a proceeding, pleading, petition, or amended or supplemental petition to terminate the parental rights of the parent or parents or the guardian or guardians of the child who is the subject of the petition for termination of parental rights or adoption, the parent or parents or the guardian or guardians either have failed to visit or have failed to support or have failed to make reasonable payments toward the support of the child;
    2. (ii)
      1. (a) The child has been removed from the home or the physical or legal custody of a parent or parents or guardian or guardians by a court order at any stage of proceedings in which a child is alleged to be a dependent and neglected child, and the child was placed in the custody of the department or a licensed child-placing agency;
      2. (b) The juvenile court found, or the court where the termination of parental rights petition is filed finds, that the department or a licensed child-placing agency made reasonable efforts to prevent removal of the child or that the circumstances of the child's situation prevented reasonable efforts from being made prior to the child's removal; and
      3. (c) For a period of four (4) months following the physical removal, the department or agency made reasonable efforts to assist the parent or parents or the guardian or guardians to establish a suitable home for the child, but that the parent or parents or the guardian or guardians have not made reciprocal reasonable efforts to provide a suitable home and have demonstrated a lack of concern for the child to such a degree that it appears unlikely that they will be able to provide a suitable home for the child at an early date. The efforts of the department or agency to assist a parent or guardian in establishing a suitable home for the child shall be found to be reasonable if such efforts equal or exceed the efforts of the parent or guardian toward the same goal, when the parent or guardian is aware that the child is in the custody of the department;
    3. (iii) A biological or legal father has either failed to visit or failed to make reasonable payments toward the support of the child's mother during the four (4) months immediately preceding the birth of the child; provided, that in no instance shall a final order terminating the parental rights of a parent as determined pursuant to this subdivision (1)(A)(iii) be entered until at least thirty (30) days have elapsed since the date of the child's birth;
    4. (iv) A parent or guardian is incarcerated at the time of the filing of a proceeding, pleading, petition, or amended petition to terminate the parental rights of the parent or guardian of the child who is the subject of the petition for termination of parental rights or adoption, or a parent or guardian has been incarcerated during all or part of the four (4) consecutive months immediately preceding the filing of the action if the child is four (4) years of age or more or three (3) consecutive months immediately preceding the filing of the action if the child is less than four (4) years of age and has:
      1. (a)
        
        (1) Failed to visit, has failed to support, or has failed to make reasonable payments toward the support of the child for four (4) consecutive months immediately preceding the parent's or guardian's incarceration if the child is four (4) years of age or more; or
        
        (2) Failed to visit, has failed to support, or has failed to make reasonable payments toward the support of the child for three (3) consecutive months immediately preceding the parent's or guardian's incarceration if the child is less than four (4) years of age;
      2. (b)
        
        (1) Failed to visit, has failed to support, or has failed to make reasonable payments toward the support of the child during an aggregation of the first one hundred twenty (120) days of nonincarceration immediately preceding the filing of the action if the child is four (4) years of age or more; or
        
        (2) Failed to visit, has failed to support, or has failed to make reasonable payments toward the support of the child during an aggregation of the first ninety (90) days of nonincarceration immediately preceding the filing of the action if the child is less than four (4) years of age; or
      3. (c) With knowledge of the existence of the born or unborn child, engaged in conduct prior to, during, or after incarceration that exhibits a wanton disregard for the welfare of the child; or
    5. (v) The child, as a newborn infant aged fourteen (14) days or younger was voluntarily left at a facility or in a newborn safety device by the child's mother pursuant to § 68-11-255; and, for a period of thirty (30) days after the date of voluntary delivery, the mother failed to visit or seek contact with the infant; and, for a period of thirty (30) days after notice was given under § 36-1-142(f), and no less than ninety (90) days cumulatively, the mother failed to seek contact with the infant through the department or to revoke her voluntary delivery of the infant;
      Backlinks (1)
      
      36-2-318(k)
  2. (B) For purposes of this subdivision (1), “token support” means that the support, under the circumstances of the individual case, is insignificant given the parent's means. Support is presumptively token support if it is less than the amount of the minimum child support order established by the department of human services child support guidelines. The parent or guardian bears the burden of proving by a preponderance of the evidence that any support provided was more than token support;
  3. (C) For purposes of this subdivision (1), “token visitation” means that the visitation, under the circumstances of the individual case, constitutes nothing more than perfunctory visitation or visitation of such an infrequent nature or of such short duration as to merely establish minimal or insubstantial contact with the child;
  4. (D) For purposes of this subdivision (1), “failed to support” or “failed to make reasonable payments toward such child's support” means the failure, for the applicable time period, to provide monetary support or the failure to provide more than token payments toward the support of the child. That the parent had only the means or ability to make small payments is not a defense to failure to support if no payments were made during the relevant time period;
  5. (E) For purposes of this subdivision (1), “failed to visit” means the failure, for the applicable time period, to visit or engage in more than token visitation. That the parent had only the means or ability to make very occasional visits is not a defense to failure to visit if no visits were made during the relevant time period;
  6. (F) Abandonment may not be repented of by resuming visitation or support subsequent to the filing of any petition seeking to terminate parental or guardianship rights or seeking the adoption of a child;
  7. (G) “Abandonment” and “abandonment of an infant” do not have any other definition except that which is set forth in this section, it being the intent of the general assembly to establish the only grounds for abandonment by statutory definition. Specifically, it shall not be required that a parent be shown to have evinced a settled purpose to forego all parental rights and responsibilities in order for a determination of abandonment to be made. Decisions of any court to the contrary are hereby legislatively overruled;
  8. (H) Every parent who is eighteen (18) years of age or older is presumed to have knowledge of a parent's legal obligation to support such parent's child or children;
  9. (I) For purposes of this subdivision (1), it shall be a defense to abandonment for failure to visit or failure to support that a parent or guardian's failure to visit or support was not willful. The parent or guardian shall bear the burden of proof that the failure to visit or support was not willful. Such defense must be established by a preponderance of evidence. The absence of willfulness is an affirmative defense pursuant to Rule 8.03 of the Tennessee Rules of Civil Procedure;
  10. (J) For purposes of this subdivision (1), a period of incarceration lasting less than seven (7) consecutive days must be counted as days of nonincarceration;
  11. (K) For purposes of this subdivision (1), aggregation is accomplished by counting the days preceding, following, and in-between each period of incarceration of at least seven (7) consecutive days; and
  12. (L) If the original pleading is amended or supplemented to allege a new or additional period of abandonment occurring after an original pleading, then each period of abandonment constitutes an additional ground for termination of parental rights for the court's consideration. For supplemental petitions to terminate parental rights, the calculation of the applicable time periods for abandonment are calculated from the date a motion to supplement was filed;
2. (2) “Abandonment of an infant” means, for purposes of terminating parental or guardian rights, “abandonment” of a child under one (1) year of age;
3. (3) “Adopted person” means:
  1. (A) Any person who is or has been adopted under this part or under the laws of any state, territory, or foreign country; and
  2. (B) For purposes of the processing and handling of, and access to, any adoption records, sealed adoption records, sealed records, post-adoption records, or adoption assistance records pursuant to this part, “adopted person” also includes a person for whom any of those records is maintained by the court, other persons or entities or persons authorized to conduct a surrender or revocation of surrender pursuant to this part, or which records are maintained by the department, a licensed or chartered child-placing agency, a licensed clinical social worker, or the department of health or other information source, whether an adoption petition was ever filed, whether an adoption order was ever entered, whether the adoption was ever dismissed, whether the adoption was ever finalized, or whether the adoption was attempted or was otherwise never completed due to the abandonment of any necessary activity related to the completion of the adoption;
4. (4) “Adoption” means the social and legal process of establishing by court order, other than by paternity or legitimation proceedings or by voluntary acknowledgment of paternity, the legal relationship of parent and child;
5. (5) “Adoption assistance” means the federal or state programs that exist to provide financial assistance to adoptive parents to enable them to provide a permanent home to a special needs child as defined by the department;
6. (6) “Adoption facilitator”:
  1. (A) Means a person, corporation, agency, or other entity, located inside or outside of this state, that provides or engages in any of the following services in exchange for compensation in violation of § 36-1-108 or § 36-1-109, whether directly or indirectly:
    1. (i) Soliciting parents who are considering placing their child for adoption, whether born or not yet born, for the purpose of acting as a link between the prospective adoptive parents, or the prospective adoptive parents' representative, attorney, or agency, for the transfer of legal or physical custody of their child, including, but not limited to, adoptive placement; or
    2. (ii) Soliciting prospective adoptive parents for the purpose of acting as a link between parents who are considering placing their child for adoption, whether born or not yet born, and the prospective adoptive parents, or the prospective adoptive parents' representative, attorney, or agency, for the transfer of legal custody of their child, including, but not limited to, adoptive placement; and
  2. (B) Does not include:
    1. (i) The department;
    2. (ii) A licensed child-placing agency;
    3. (iii) A chartered child-placing agency;
    4. (iv) A licensed clinical social worker;
    5. (v) A licensed attorney;
    6. (vi) A prospective adoptive parent or parents; or
    7. (vii) A parent or parents considering placing their child for adoption;
7. (7) “Adoption record” means:
  1. (A)
    1. (i) The records, reports, or other documents maintained in any medium by the judge or clerk of the court, or by any other person pursuant to this part who is authorized to witness the execution of surrenders or revocations of surrenders, which records, reports, or documents relate to an adoption petition, a surrender or parental consent, a revocation of a surrender or parental consent, or which reasonably relate to other information concerning the adoption of a person, and which information in such records, reports, or documents exists during the pendency of an adoption or a termination of parental rights proceeding, or which records, reports, or documents exist subsequent to the conclusion of those proceedings, even if no order of adoption or order of dismissal is entered, but which records, reports or documents exist prior to those records, reports, or documents becoming a part of a sealed record or a sealed adoption record pursuant to § 36-1-126; or
    2. (ii) The records, reports, or documents maintained in any medium by the department's social services division, or by a licensed or chartered child-placing agency or licensed clinical social worker, and which records, reports, or documents contain any social, medical, legal, or other information concerning an adopted person, a person who has been placed for adoption or a person for whom adoptive placement activities are currently occurring, and which information in such records, reports, or documents exists during the pendency of an adoption or termination of parental rights proceeding, or which exists subsequent to the conclusion of those proceedings, even if no order of adoption or dismissal of an adoption has been entered, but which records, reports, or documents exist prior to those records, reports, or documents becoming sealed records or sealed adoption records pursuant to § 36-1-126;
  2. (B) The adoption record is confidential and is not subject to disclosure by the court, by a licensed child-placing agency, by a licensed clinical social worker or by any other person or entity, except as otherwise permitted by this part; however, prior to the record's becoming a sealed record or a sealed adoption record pursuant to § 36-1-126, the adoption record may be disclosed as may be necessary for purposes directly related to the placement, care, treatment, protection, or supervision by the legal custodian, legal guardian, conservator, or other legally authorized caretaker of the person who is the subject of the adoption proceeding, or as may be necessary for the purposes directly related to legal proceedings involving the person who is subject to the jurisdiction of a court in an adoption proceeding or other legal proceeding related to an adoption, including terminations of parental rights, or as may otherwise be necessary for use in any child or adult protective services proceedings concerning the person about whom the record is maintained pursuant to titles 37 and 71;
  3. (C) The adoption record shall not, for purposes of release of the records pursuant to §§ 36-1-127 — 36-1-141, be construed to permit access, without a court order pursuant to § 36-1-138, to home studies or preliminary home studies or any information obtained by the department, a licensed or chartered child-placing agency, a licensed clinical social worker, or other family counseling service, a physician, a psychologist, or member of the clergy, an attorney or other person in connection with a home study or preliminary home study as part of an adoption or surrender or parental consent proceeding or as part of the evaluation of prospective adoptive parents, other than those studies that are expressly included in a report to the court by such entities or persons. Information relating to the counseling of a biological mother regarding crisis pregnancy counseling shall not be included in the adoption record for purposes of release pursuant to this part without a court order pursuant to § 36-1-138;
8. (8) “Adoptive parent or parents” means the person or persons who have been made the legal parents of a child by the entry of an order of adoption under this part or under of the laws of any state, territory or foreign country;
9. (9) “Adult” means any person who is eighteen (18) years of age or older. An adult may be adopted as provided in this part;
10. (10) “Aggravated circumstances” means abandonment, abandonment of an infant, aggravated assault, aggravated kidnapping, especially aggravated kidnapping, aggravated child abuse and neglect, aggravated sexual exploitation of a minor, especially aggravated sexual exploitation of a minor, aggravated rape, rape, rape of a child, incest, or severe child abuse, as defined at § 37-1-102;
11. (11) “Biological parents” means the woman and man who physically or genetically conceived the child who is the subject of the adoption or termination proceedings or who conceived the child who has made a request for information pursuant to this part;
12. (12) “Biological relative” means:
  1. (A) For adopted persons for whom any adoption records, sealed adoption records, sealed records, or post-adoption records are maintained: the biological parents or child of an adopted person or person for whom any adoption record, sealed record, sealed adoption record or post-adoption record is maintained, the brothers or sisters of the whole or half blood, the blood grandparents of any degree, the blood aunts or uncles, or the blood cousins of the first degree, of such persons; and
  2. (B) For persons about whom any background information is sought as part of the surrender or parental consent process: the biological parents of the child, the brothers or sisters of the whole or half blood, the blood grandparents of any degree, or the blood aunts or uncles;
13. (13) “Chartered child-placing agency” means an agency that had received a charter from the state of Tennessee through legislative action or by incorporation for the operation of an entity or a program of any type that engaged in the placement of children for foster care or residential care as part of a plan or program for which those children were or could have been made available for adoptive placement and that may have, at sometime during its existence, become subject to any licensing requirements by the department or its predecessors;
14. (14) “Child” or “children” means any person or persons under eighteen (18) years of age;
15. (15) “Child-caring agency” means any agency authorized by law to care for children outside their own homes for twenty-four (24) hours per day;
16. (16) “Consent” means:
  1. (A) The written authorization to relinquish a child for adoption, which is given by an agency such as the department or a public child care agency of another state or country or licensed child-placing agency of this or another state, which agency has the authority, by court order or by surrender or by operation of law or by any combination of these, to place a child for adoption and to give permission for the adoption of that child by other persons;
  2. (B) The written permission of a parent pursuant to § 36-1-117(f) to permit the adoption of that parent's child by that parent's relative or by the parent's spouse who is the child's stepparent;
  3. (C) The process as described in § 36-1-117(g) by which a parent co-signs an adoption petition with prospective adoptive parents who are unrelated to the child to be adopted for the purpose of agreeing to make the child available for adoption by the co-petitioning prospective adoptive parents, and that permits the court to enter an order of guardianship to give the adoptive parents custody and supervision of the child pending completion or dismissal of the adoption proceeding or pending confirmation or revocation of the consent by the parent. This process must be called a “parental consent”;
  4. (D) The permission of a child fourteen (14) years of age or older given to the court, in chambers, before the entry of an order of adoption of such child;
  5. (E) The permission of a guardian ad litem for a disabled child or an adult permitting the adoption of those persons pursuant to the procedures of § 36-1-117(i) and (j);
  6. (F) The sworn, written permission of an adult person filed with the court where the adoption petition is filed that seeks the adoption of the adult; or
  7. (G) The agreement for contact by the parties to the post-adoption records search procedures that may be required in §§ 36-1-127 — 36-1-141;
17. (17) “Conservator” means a person or entity appointed by a court to provide partial or full supervision, protection, and assistance of the person or property, or both, of a disabled adult pursuant to title 34, chapter 1 or the equivalent law of another state;
18. (18)
  1. (A) “Court” means the chancery or circuit court; provided, that “court” includes the juvenile court for purposes of the authority to accept the surrender or revocation of surrenders of a child and to issue any orders of reference, orders of guardianship, or other orders resulting from a surrender or revocation that it accepts and for purposes of authorizing the termination of parental rights pursuant to § 36-1-113; title 37, chapter 1, part 1; and title 37, chapter 2, part 4;
  2. (B) All appeals of any orders relative to the juvenile court's actions in taking a surrender or revocation or in terminating parental rights shall be made to the court of appeals as provided by law; or
  3. (C) A juvenile court magistrate, appointed by the juvenile court judge pursuant to title 37, shall have authority to take a surrender of a child and to take a revocation of such surrender;
19. (19) “Court report” means the report to the adoption or surrender court in response to an order of reference that describes to the court the status of the child and the prospective adoptive parents or the persons to whom the child is surrendered. Such a report may be preliminary, supplementary, or final in nature. The court report shall not include the home study or preliminary home study, but instead shall include a summary of such study;
20. (20) “Department” means the department of children's services or any of its divisions or units;
21. (21) “Eligible person” means, for purposes of §§ 36-1-125 — 36-1-141, a person who is verified by the department as being in the class of individuals who is permitted by this part to receive access to records;
22. (22) “Final court report” means a written document completed by the department or a licensed child-placing agency or licensed clinical social worker after submission of any prior court reports in response to the court's order of reference. It gives information concerning the status of the child in the home of the prospective adoptive parents and gives a full explanation to the court of the suitability of the prospective adoptive parent or parents to adopt the child who is the subject of the adoption petition. The final court report is designed to bring the status of the proposed adoptive home and the child up to date immediately prior to finalization of the adoption and should be the last report the court receives before finalization of the adoption by entry of an order of adoption;
23. (23) “Financially able” means that the petitioners for adoption of a child are able, by use of any and all income and economic resources of the petitioners, including, but not limited to, assistance from public or private sources, to ensure that any physical, emotional, or special needs of the child are met;
24. (24) “Foster care” has the meaning given to that term in § 37-1-102; provided, that no plan or permanency plan, as defined in § 37-2-402, shall be required in the case of foster care provided by or in any agency, institution or home in connection with an adoption of a child, so long as a petition for the adoption of that child by an individual or individuals to whom care of that child has been given is filed in a court of competent jurisdiction within six (6) months of the time that child first comes into the care of the agency, institution or home;
25. (25) “Foster parent” has the meaning given to that term in § 37-1-102;
26. (26)
  1. (A) “Guardian” means a person or entity appointed by a court to provide care, custody, control, supervision, and protection for a child, and authorized by the court to adopt or consent to the adoption of the child as a result of a surrender, parental consent, or termination of parental rights;
  2. (B) “Guardian” also means a person or entity authorized by a court to adopt or consent to the adoption of a child upon proof that the child is without any living person entitled to notice pursuant to § 36-1-117(a);
  3. (C) For purposes of this part, “guardian” does not include:
    1. (i) A person or entity appointed guardian of a child by a juvenile court pursuant to § 37-1-104;
    2. (ii) A person appointed permanent guardian of a child by a juvenile court pursuant to § 37-1-801 unless that person has also been awarded guardianship pursuant to § 36-1-113(m);
    3. (iii) A person appointed guardian of the person or property of a child, or both, by a court of competent jurisdiction pursuant to § 34-2-101; or
    4. (iv) Any other person or entity appointed guardian of the person or property of a child pursuant to an order that does not specifically include the right to adopt or consent to the adoption of the child and that was not entered as a result of a surrender, parental consent, termination of parental rights, or finding that the child is without any living person entitled to notice pursuant to § 36-1-117(a);
  4. (D) The rights of the guardian must be terminated by surrender or court order or the guardian must provide consent as defined in subdivision (16)(A) before an order of adoption can be entered; provided, that a guardian's rights need not be terminated when the guardian is the petitioner in an adoption;
  5. (E) When the department or a licensed child-placing agency is the guardian of the child, its rights must be terminated by court action or it must provide consent as defined in subdivision (16)(A) before an adoption can be ordered;
27. (27)
  1. (A) “Guardianship” means the status created by a court order appointing a person or entity guardian of the child. Guardianship rights are those transferred to the guardian by court order, including the right to provide care, custody, control, supervision, and protection for a child and to adopt or consent to the adoption of the child as a result of a surrender, parental consent, termination of parental rights, or finding that the child is without any living person entitled to notice pursuant to § 36-1-117(a);
  2. (B) Guardianship granted by a court as a result of a surrender, consent, or termination of parental rights, or the equivalent law of any other jurisdiction, may be complete or partial;
  3. (C)
    1. (i) A person or entity has complete guardianship for the purpose of permitting a court to order an adoption when all necessary parental or guardianship rights have been terminated by surrender, consent, waiver of interest, or court order, and a court with jurisdiction to do so enters an order granting guardianship to that person or entity;
    2. (ii) Complete guardianship entitles the guardian to the right to care for the child as provided under § 37-1-140, or as otherwise provided by the court order, and permits the guardian to place the child for adoption and consent to the adoption, or to be granted an adoption of the child, without further termination of parental or guardian rights;
    3. (iii) A prospective adoptive parent granted complete guardianship is the child's guardian for the purpose of § 37-4-201;
  4. (D)
    1. (i) A person or entity has partial guardianship when a court with jurisdiction to do so enters an order granting guardianship to that person or entity as a result of the surrender, parental consent, or termination of parental rights of at least one (1), but not all, parents or guardians of the child, or as a result of the death of one (1) parent or guardian when the parental or guardianship rights of the remaining parent or guardian have not been terminated by surrender, consent, waiver of interest, or court order pursuant to this part or title 37;
    2. (ii) Partial guardianship entitles the guardian to provide care, supervision, and protection of the child pursuant to § 37-1-140, or to the extent permitted by the court order granting partial guardianship, and permits the guardian to place the child for adoption and consent to that adoption; it does not authorize the court to enter an order of adoption until all remaining parental or guardianship rights have been terminated by surrender, consent, waiver of interest, or court order;
    3. (iii) Upon receiving partial guardianship, the department or licensed child-placing agency may place a child for adoption with prospective adoptive parents and may consent to the adoption of the child by those prospective adoptive parents; the prospective adoptive parents are required to comply with § 36-1-117 before an adoption can be granted;
28. (28) “Home study” means the product of a preparation process in which individuals or families are assessed by themselves and the department or licensed child-placing agency, or a licensed clinical social worker as to their suitability for adoption and their desires with regard to the child they wish to adopt. The home study shall conform to the requirements set forth in the rules of the department and it becomes a written document that is used in the decision to approve or deny a particular home for adoptive placement. The home study may be the basis on which the court report recommends approval or denial to the court of the family as adoptive parents. A court report based upon any home study conducted by a licensed child-placing agency, licensed clinical social worker or the department that has been completed or updated within one (1) year prior to the date of the surrender or order of reference shall be accepted by the court for purposes of §§ 36-1-111 and 36-1-116. The home study shall be confidential, and at the conclusion of the adoption proceeding shall be forwarded to the department to be kept under seal pursuant to § 36-1-126, and shall be subject to disclosure only upon order entered pursuant to § 36-1-138;
29. (29) “Interstate Compact on the Placement of Children (ICPC)” means §§ 37-4-201 — 37-4-207 relating to the placement of a child between states for the purposes of foster care or adoption. The ICPC is administered in Tennessee by the department through its state office in Nashville;
30. (30)
  1. (A) “Legal parent” means:
    1. (i) The biological mother of a child;
    2. (ii) A man who is or has been married to the biological mother of the child if the child was born during the marriage or within three hundred (300) days after the marriage was terminated for any reason, or if the child was born after a decree of separation was entered by a court;
    3. (iii) A man who attempted to marry the biological mother of the child before the child's birth by a marriage apparently in compliance with the law, even if the marriage is declared invalid, if the child was born during the attempted marriage or within three hundred (300) days after the termination of the attempted marriage for any reason;
    4. (iv) A man who has been adjudicated to be the legal father of the child by any court or administrative body of this state or any other state or territory or foreign country or who has signed, pursuant to § 24-7-113, § 68-3-203(g), § 68-3-302, or § 68-3-305(b), an unrevoked and sworn acknowledgment of paternity under Tennessee law, or who has signed such a sworn acknowledgment pursuant to the law of any other state, territory, or foreign country; or
    5. (v) An adoptive parent of a child or adult;
  2. (B) A man shall not be a legal parent of a child based solely on blood, genetic, or DNA testing determining that he is the biological parent of the child without either a court order or voluntary acknowledgement of paternity pursuant to § 24-7-113. Such test may provide a basis for an order establishing paternity by a court of competent jurisdiction, pursuant to the requirements of § 24-7-112;
  3. (C) If the presumption of paternity set out in subdivisions (30)(A)(ii)-(iv) is rebutted as described in § 36-2-304, the man shall no longer be a legal parent for purposes of this chapter and no further notice or termination of parental rights shall be required as to this person;
31. (31) “Legal relative” means a person who is included in the class of persons set forth in the definition of “biological relative” or “legal parent” and who, at the time a request for services or information is made pursuant to §§ 36-1-127 and 36-1-133 — 36-1-138 or with reference to a contract for post-adoption contact under § 36-1-145 immediately prior to the execution of a surrender or the entry of an order terminating parental rights, is related to the adopted person by any legal relationship established by law, court order, or by marriage, and includes, a stepparent and the spouse of any legal relative;
32. (32)
  1. (A) “Legal representative” means:
    1. (i) The conservator, guardian, legal custodian, or other person or entity with legal authority to make decisions for an individual with a disability or an attorney-in-fact, an attorney at law representing a person for purposes of obtaining information pursuant to this part, or the legally appointed administrator, executor, or other legally appointed representative of a person's estate; or
    2. (ii) Any person acting under any durable power of attorney for health care purposes or any person appointed to represent a person and acting pursuant to a living will;
  2. (B) For purposes of subdivision (32)(A), “disability” means that the individual is a minor pursuant to any state, territorial, or federal law, or the law of any foreign country, or that the individual has been determined by any such laws to be in need of a person or entity to care for the individual due to that individual's physical or mental incapacity or infirmity;
33. (33) “Licensed child-placing agency” means any agency operating under a license to place children for adoption issued by the department, or operating under a license from any governmental authority from any other state or territory or the District of Columbia, or any agency that operates under the authority of another country with the right to make placement of children for adoption and that has, in the department's sole determination, been authorized to place children for adoption in this state;
34. (34) “Licensed clinical social worker” means an individual who holds a license as an independent practitioner from the board of social worker certification and licensure pursuant to title 63, chapter 23, and, in addition, is licensed by the department to provide adoption placement services;
35. (35) “Lineal ancestor” means any degree of grandparent or great-grandparent, either by birth or adoption;
36. (36) “Lineal descendant” means a person who descended directly from another person who is the biological or adoptive ancestor of such person, such as the daughter of the daughter's mother or granddaughter of the granddaughter's grandmother;
37. (37) “Order of reference” means the order from the court where the surrender is executed or filed or where the adoption petition is filed that directs the department or a licensed child-placing agency or licensed clinical social worker to conduct a home study or preliminary home study or to complete a report of the status of the child who is or may be the subject of an adoption proceeding, and that seeks information as to the suitability of the prospective adoptive parents to adopt a child;
38. (38) “Parent” or “parents” means any biological, legal, adoptive parent or parents or, for purposes of §§ 36-1-127 — 36-1-141, stepparents;
39. (39) “Parental consent” means the consent described in subdivision (16)(C);
40. (40) “Parental rights” means the legally recognized rights and responsibilities to act as a parent, to care for, to name, and to claim custodial rights with respect to a child;
41. (41) “Physical custody” means physical possession and care of a child. “Physical custody” may be constructive, as when a child is placed by agreement or court order with an agency, or purely physical, as when any family, including a formal or informal foster family, has possession and care of a child, so long as such possession was not secured through a criminal act. An agency and a family may have physical custody of the same child at the same time;
42. (42) “Post-adoption record” means:
  1. (A) The record maintained in any medium by the department, separately from the sealed record or sealed adoption record and subsequent to the sealing of an adoption record or that is maintained about any sealed record or sealed adoption record. The post-adoption record contains information, including, but not limited to, adopted persons or the legal or biological relatives of adopted persons, or about persons for whom sealed records or sealed adoption records are maintained, or about persons who are seeking information about adopted persons, or persons on whom a sealed record or sealed adoption record is maintained. The post-adoption record contains information concerning, but not limited to, the written inquiries from persons requesting access to records, the search efforts of the department, the response to those search efforts by those persons sought, information that has been requested to be transmitted from or on behalf of any person entitled to access to records pursuant to this part, any updated medical information gathered pursuant to this part, court orders related to the opening of any sealed adoption records or sealed records, and personal identifying information concerning any persons subject to this part;
  2. (B) The limited record maintained by the licensed or chartered child-placing agency or a licensed clinical social worker pursuant to § 36-1-126(b)(2), that indicates the child's date of birth, the date the agency received the child for placement, from whom the child was received and such person's last known address, with whom the child was placed and such person's or entity's last known address, and the court in which the adoption proceeding was filed and the date the adoption order was entered or the adoption petition dismissed; and
  3. (C) This record is confidential and shall be opened only as provided in this part;
43. (43)
  1. (A) “Preliminary home study” means an initial home study conducted prior to or, in limited situations, immediately after, the placement of a child with prospective adoptive parents who have not previously been subject to a home study that was conducted or updated not less than six (6) months prior to the date a surrender is sought to be executed to the prospective adoptive parents or prior to the date of the filing of the adoption petition;
  2. (B) The preliminary home study is designed to obtain an early and temporary initial assessment of the basic ability of prospective adoptive parents to provide adequate care for a child who is proposed to be adopted by those prospective adoptive parents, and is utilized only for the purpose of approval of surrenders or for purposes of responding to an order of reference pursuant to § 36-1-116(e)(2), or for purposes of entering a guardianship order under § 36-1-116(f)(3);
  3. (C) The preliminary home study shall consist of a minimum of two (2) visits with the prospective adoptive parents, at least one (1) of which shall be in the home of the prospective adoptive parents, and the study shall support the conclusion that no apparent reason exists why the prospective adoptive parents would not be fit parents for the child who is the subject of the adoption. To be valid for use as the basis for a court report in connection with a surrender or a parental consent, the preliminary home study must have been completed or updated within thirty (30) days prior to the date the surrender is accepted or the parental consent is executed or confirmed or the guardianship order is entered. The home study shall be confidential, and, at the conclusion of the adoption proceeding, shall be forwarded to the department to be kept under seal pursuant to § 36-1-126, and shall be subject to disclosure only upon order entered pursuant to § 36-1-138;
44. (44) “Prospective adoptive parents” means a nonagency person or persons who are seeking to adopt a child and who have made application with a licensed child-placing agency or licensed clinical social worker or the department for approval, or who have been previously approved, to receive a child for adoption, or who have received or who expect to receive a surrender of a child, or who have filed a petition for termination or for adoption;
45. (45) “Putative father” means a biological or alleged biological father of a child who, at the time of the filing of a petition to terminate parental rights, or if such petition is not filed, then at the time of the filing of a petition to adopt a child, has not been excluded by DNA testing as described in § 24-7-112 establishing that he is not the child's biological father or that another man is the child's biological father, is not a legal parent, and meets at least one (1) of the following criteria:
  1. (A) The person has filed with the putative father registry, pursuant to § 36-2-318, as described in § 36-1-113(d)(3)(A), a statement of an intent to claim paternity of the child at any time prior to or within thirty (30) days after the child's birth and has notified the registry of all address changes;
  2. (B) The person has claimed to the child's biological mother, or the petitioners or their attorney, or to the department, a licensed child-placing agency, or a licensed clinical social worker who is involved in the care, placement, supervision, or study of the child, a belief that the person is the father of the child and has either paid financial support to or for the benefit of the child or the child's mother during the pregnancy, or when the mother had physical custody of the child, or has made a court filing or appearance consistent with the person's claim of paternity; provided, that if the person has previously notified the department of his claim to paternity of the child pursuant to the putative father registry, § 36-2-318(e)(3), then the person is subject to all requirements for waiver of notice provisions of § 36-2-318(f)(2) and to all requirements for filing a paternity petition;
  3. (C) The person has openly lived with the child and has held himself out as the father of the child; provided, that if custody of the child has been removed from the biological mother by court order, then notice is given to any man who was openly living with the child at the time of the initiation of the custody or guardianship proceeding that resulted in the removal of the custody or guardianship of the child from the biological mother or biological father, if the man held himself out to be the father of the child at the time of the removal; or
  4. (D) The person has entered a permanency plan under title 37, chapter 2, part 4, or under similar provisions of any other state or territory in which the biological father acknowledges paternity of the child.
46. (46) “Related” means grandparents or any degree of great-grandparents, aunts or uncles, or any degree of great-aunts or great-uncles, or stepparent, or cousins of the first degree, or first cousins once removed, or any siblings of the whole or half degree or any spouse of the above listed relatives;
47. (47)
  1. (A) “Sealed adoption record” means:
    1. (i) The adoption record as it exists subsequent to its transmittal to the department, or subsequent to its sealing by the court, pursuant to the requirements of § 36-1-126; or
    2. (ii) The limited record maintained by the licensed or chartered child-placing agency or a licensed clinical social worker pursuant to § 36-1-126(b)(2);
  2. (B) This record is confidential and shall be opened only as provided in this part;
  3. (C) The sealed adoption record shall not, for purposes of release of the records pursuant to §§ 36-1-127 — 36-1-141, be construed to permit access, without a court order pursuant to § 36-1-138, to home studies or preliminary home studies or any information obtained by the department, a licensed or chartered child-placing agency, a licensed clinical social worker, or other family counseling service, a physician, a psychologist, or member of the clergy, an attorney or other person in connection with a home study or preliminary home study as part of an adoption or surrender or parental consent proceeding or as part of the evaluation of prospective adoptive parents, other than those studies that are expressly included in a report to the court by such entities or persons. Information relating to the counseling of a biological mother regarding crisis pregnancy counseling shall not be included in the adoption record for purposes of release pursuant to this part without a court order pursuant to § 36-1-138;
48. (48)
  1. (A) “Sealed record” means:
    1. (i) Any records, reports, or documents that are maintained at any time by a court, a court clerk, a licensed or chartered child-placing agency, licensed clinical social worker, the department, the department of health, or any other information source concerning the foster care or agency care placement, or placement for adoption, of a person by any branch of the Tennessee children's home society authorized by chapter 113 of the Public Acts of 1919; or
    2. (ii) Any records, reports, or documents maintained by a judge, a court clerk, the department, a licensed or chartered child-placing agency, a licensed clinical social worker, the department of health, or any other information source that consist of adoption records or information about an adoption proceeding or a termination of parental rights proceeding about an adopted person, or that contain information about a person who was placed for adoption but for whom no adoption order was entered or for whom an adoption proceeding was dismissed or for whom an adoption was not otherwise completed, or that contain information concerning persons in the care of any person or agency, and which records have otherwise been treated and maintained by those persons or entities under prior law, practice, policy, or custom as confidential, nonpublic adoption records, sealed adoption records, or post-adoption records of the person, or that may be otherwise currently treated and maintained by those persons or entities as confidential, nonpublic adoption records, sealed adoption records or post-adoption records of the person; or
    3. (iii) The limited record maintained by the licensed or chartered child-placing agency or a licensed clinical social worker pursuant to § 36-1-126(b)(2);
  2. (B) This record is confidential and shall be opened only as provided in this part;
  3. (C) The sealed record shall not, for purposes of release of the records pursuant to §§ 36-1-127 — 36-1-141, be construed to permit access, without a court order pursuant to § 36-1-138, to home studies or preliminary home studies or any information obtained by the department, a licensed or chartered child-placing agency, a licensed clinical social worker, or other family counseling service, a physician, a psychologist, or member of the clergy, an attorney or other person in connection with a home study or preliminary home study as part of an adoption or surrender or parental consent proceeding or as part of the evaluation of prospective adoptive parents, other than those studies that are expressly included in a report to the court by such entities or persons. Information relating to the counseling of a biological mother regarding crisis pregnancy counseling shall not be included in the adoption record for purposes of release pursuant to this part without a court order pursuant to § 36-1-138;
49. (49) “Sibling” means anyone having a sibling relationship;
50. (50) “Sibling relationship” means the biological or legal relationship between persons who have a common biological or legal parent;
51. (51) “Surrender” means a document executed under § 36-1-111, or under the laws of another state or territory or country, by the parent or guardian of a child, by which that parent or guardian relinquishes all parental or guardianship rights of that parent or guardian to a child, to another person or public child care agency or licensed child-placing agency for the purposes of making that child available for adoption; and
52. (52)
  1. (A) “Surrogate birth” means:
    1. (i) The union of the wife's egg and the husband's sperm, which are then placed in another woman, who carries the fetus to term and who, pursuant to a contract, then relinquishes all parental rights to the child to the biological parents pursuant to the terms of the contract; or
    2. (ii) The insemination of a woman by the sperm of a man under a contract by which the parties state their intent that the woman who carries the fetus shall relinquish the child to the biological father and the biological father's wife to parent;
  2. (B) No surrender pursuant to this part is necessary to terminate any parental rights of the woman who carried the child to term under the circumstances described in this subdivision (52) and no adoption of the child by the biological parent or parents is necessary;
  3. (C) Nothing in this subdivision (52) shall be construed to expressly authorize the surrogate birth process in Tennessee unless otherwise approved by the courts or the general assembly.

History (44)

Acts 1951, ch. 202, §§ 2, 40 (Williams, §§ 9572.16, 9572.52)
1961, ch. 227, § 1
1972, ch. 612, § 7
1972, ch. 624, § 1
impl. am. Acts 1975, ch. 219, § 1
Acts 1976, ch. 394, § 1
modified
Acts 1978, ch. 704, § 1
1983, ch. 435, § 7
T.C.A. (orig. ed.), § 36-102
Acts 1990, ch. 988, § 1
1993, ch. 124, §§ 5, 6
T.C.A. § 36-1-102
Acts 1995, ch. 532, § 1
1996, ch. 1054, §§ 3-15, 104
1996, ch. 1079, § 69
1998, ch. 1097, §§ 2, 3
2000, ch. 981, § 51
2001, ch. 388, § 4
2002, ch. 630, § 1
2003, ch. 231, §§ 1-4
2009, ch. 235, § 1
2009, ch. 411, §§ 1-3
2010, ch. 760, §§ 1, 2
2010, ch. 887, § 2
2010, ch. 888, § 1
2010, ch. 924, § 1
2016, ch. 636, §§ 2, 4
2016, ch. 716, § 2
2016, ch. 919, §§ 1, 2
2018, ch. 875, §§ 1-6
2019, ch. 35, § 3
2019, ch. 36, §§ 23, 31
2020, ch. 525, §§ 1-4
2021, ch. 101, §§ 1-3
2021, ch. 311, § 3
2022, ch. 937, §§ 9, 17
2022, ch. 1008, § 3
2023, ch. 253, § 7
2023, ch. 361, § 2
2023, ch. 363, §§ 1, 16
2023, ch. 373, §§ 1-6
2024, ch. 613, § 3
2024, ch. 996, §§ 1-4.

§ 36-1-103. Prior adoptions and terminations of parental rights involving minors and prior adoptions of adults ratified.

(a) All proceedings for the adoption of children in the courts of this state, including any proceedings that terminated parental or guardianship rights, are hereby validated and confirmed and the orders and judgments entered therein prior to January 1, 1996, are declared to be binding upon all parties to the proceedings and such parties' privies and all other persons, until such orders or judgments shall be vacated as provided by law; provided, that this section does not apply to adoption proceedings or terminations of parental rights proceedings actually pending on January 1, 1996, in which the validity of a prior adoption or termination of parental rights proceeding is at issue.
(b) Adoptions and terminations of parental rights pending on January 1, 1996, and surrenders and consents executed prior to January 1, 1996, shall be governed by prior existing law.
(c) All adoptions of persons who are adults as of January 1, 1996, that were completed before January 1, 1996, in the courts of this state, pursuant to the then-existing provisions of this part, are hereby in all things ratified and confirmed.
(d) Notwithstanding any law to the contrary, surrenders taken and adoptions filed on or after January 1, 1996, and before October 1, 1996, which complied with the prior adoption law that was in effect on December 31, 1995, are in all things ratified and confirmed and shall be valid and lawful; provided, that this section does not apply to adoption proceedings or terminations of parental rights proceedings actually pending on January 1, 1996, in which the validity of a prior adoption or termination of parental rights proceeding is at issue. It is the intent of the general assembly to prevent any declaration of invalidity of any surrenders or adoptions taken or filed on or after January 1, 1996, and before October 1, 1996, for failure to properly comply with the provisions of chapter 532 of the Public Acts of 1995, which took effect on January 1, 1996, and which amended prior adoption law and procedures. This section is remedial legislation and shall have retrospective effect in order to promote the public welfare and to preserve the permanency of adoptive placements for children.

History (7)

Acts 1965, ch. 152, § 1
T.C.A., § 36-138
Acts 1978, ch. 704, § 2
T.C.A., § 36-139
§ 36-1-138
Acts 1995, ch. 532, § 1
1996, ch. 1054, § 105.

§ 36-1-104. Withholding of material information concerning the status of the parents or guardian of a child subject to surrender, termination of parental rights or adoption — Misdemeanor.

Any person who, upon request by any party to an adoption or the party's agent or attorney, a licensed child-placing agency or licensed clinical social worker, the department, or the court, knowingly and willfully withholds any information related to the child who is the subject of a surrender, a termination of parental rights, or an adoption proceeding, or who knowingly and willfully withholds any material information concerning the identity, status, or whereabouts of the child's legal parent or parents, putative father, or guardian or who knowingly and willfully gives false information concerning the child or the identity, status, or whereabouts of the child's legal parent, putative father, or guardian commits a Class A misdemeanor. Nothing in this section shall be construed to require a person or agency to disclose any confidential or privileged information protected by any state or federal law or regulation.

History (3)

Acts 1995, ch. 532, § 1
1996, ch. 1054, § 16
2019, ch. 36, § 18.

§ 36-1-105. Violation of criminal provisions of part by state employee — Dismissal.

Any employee of the state of Tennessee who is convicted of the violation of any of the criminal provisions of this part shall be instantly dismissed from the state service and shall never again be eligible for employment in state service.

Backlinks (1)

1-3-115

History (1)

Acts 1995, ch. 532, § 1.

§ 36-1-106. Readoption.

(a) Any minor child who was previously adopted under the laws of any jurisdiction may be subsequently readopted in accordance with this part.
(b) With respect to a child sought to be adopted a second time or subsequent time by new adoptive parents, all provisions in this part relating to the biological parents or legal parents or guardians shall apply to the prior adoptive parents, except that in no case of readoption shall a biological or legal parent or guardian whose rights were previously terminated before the child was initially adopted and whose rights were not subsequently restored be made a party to the new adoption proceeding, nor shall such person's surrender, parental consent, or waiver of interest be necessary. The prior adoptive parents whose rights have not been previously terminated and any other persons who otherwise would be entitled to notice pursuant to this part subsequent to the previous adoption of the child shall be the only necessary parties to the new termination or adoption proceedings and only their surrenders or parental consent, or the termination of their rights, shall be necessary.
(c)
1. (1) With respect to a child sought to be readopted under the laws of this state who has been previously adopted pursuant to the laws of a foreign country, the circuit and chancery courts are specifically authorized to enter new orders of adoption as they may be required for purposes of compliance with any requirements of the government of the United States for children who were adopted in foreign countries. In such instances, if an adoption was conducted in accordance with the laws of the foreign jurisdiction, no further termination of parental rights of the child's parents or guardians need be made, no home study need be conducted, no court report need be made and no time period for which an adoption petition must be on file before a final adoption order is entered shall be required. Further, no consultation of the putative father registry maintained by the department shall be required, and the affidavits otherwise required by § 36-1-120(b)(1) and (2) need not be filed, if the attorney, social worker, or child-placing agency, as the case may be, that provided professional services in the underlying foreign adoption, does not maintain an office in the United States.
2. (2)
  1. (A) When a Tennessee resident adopts a child in a foreign country in accordance with the laws of the foreign country and such adoption is recognized as full and final by the United States government, such resident may file, with a petition, a copy of the decree, order or certificate of adoption that evidences finalization of the adoption in the foreign country, together with a certified translation of the decree, order or certificate of adoption, if it is not in English, and proof of full and final adoption from the United States government, with the clerk of the chancery or circuit court of any county in this state having jurisdiction over the person or persons filing such documents.
  2. (B) The court shall assign a docket number and file and enter the documents referenced in subdivision (c)(2)(A) with an order recognizing such foreign adoption without the necessity of a hearing. Such order, along with the final decree, order or certificate from the foreign country, shall have the same force and effect as if a final order of readoption were granted in accordance with this part.
  3. (C) When the order referenced in subdivision (c)(2)(B) is filed and entered, the adoptive parents may request a report of foreign birth pursuant to § 68-3-310 by submitting an application for report of foreign birth.
  4. (D) Individuals obtaining a report of foreign birth under subdivision (c)(2)(C) are exempt from the disclosure of fees requirements of § 36-1-116(b)(16).
Backlinks (3)

Backlinks (1)

36-1-119(a)

History (9)

Acts 1951, ch. 202, § 31 (Williams, § 9572.45)
T.C.A. (orig. ed.), § 36-137
Acts 1978, ch. 704, § 2
T.C.A. (orig. ed.), § 36-138
§ 36-1-137
Acts 1995, ch. 532, § 1
1996, ch. 1054, § 17
2003, ch. 231, § 5
2005, ch. 137, § 1.

§ 36-1-107. Persons to whom this part is applicable.

(a) Any person, irrespective of place of birth, citizenship, or place of residence, may be adopted or readopted in accordance with this part.
(b) A single person may file a petition for the adoption of a child.
(c) An adult may be adopted.

History (4)

Acts 1951, ch. 202, § 3 (Williams, § 9572.17)
T.C.A. (orig. ed.), § 36-103
§ 36-1-103
Acts 1995, ch. 532, § 1.

§ 36-1-108. Entities authorized to place children for adoption — Advisory and agency capacity authorized — Injunction to stop illegal payments.

(a)
1. (1) No person, corporation, agency, or other entity, except the department or a licensed child-placing agency or licensed clinical social worker, as defined in § 36-1-102, shall engage in the placement of children for adoption; provided, that this section shall not be construed to prohibit any person from advising parents of a child or prospective adoptive parents of the availability of adoption, or from acting as an agent or attorney for the parents of a child or prospective adoptive parents in making necessary arrangements for adoption so long as no remuneration, fees, contributions, or things of value are given to or received from any person or entity for such service other than usual and customary legal and medical fees in connection with the birth of the child or other pregnancy-related expenses, or for counseling for the parents and/or the child, and for the legal proceedings related to the adoption.
2. (2) Only a licensed child-placing agency, as defined in § 36-1-102, a licensed clinical social worker, as defined in § 36-1-102, prospective adoptive parents, or a lawyer who is subject to the Tennessee supreme court rules regarding lawyer advertising may advertise for the placement of children for adoption in this state. In order to advertise for the placement of children for adoption in Tennessee, out-of-state licensed child placing agencies, licensed clinical social workers or lawyers must:
  1. (A) Be authorized to do business in this state under respective licensing laws; and
  2. (B) Maintain a physical office within this state or incur expenses involved in the transportation of a licensing consultant to the closest physical office of the agency, social worker or lawyer.
3. (3) Any advertisement in this state for the placement of children for adoption in another state by an agency or individual not licensed or authorized to do such business in this state must clearly disclose on any advertisement in this state for the placement of a child or children for adoption, the name of the government authority by which they are licensed, and that they are not licensed by the state of Tennessee. The disclosure must be in a form similar to “(Person/Entity) is (a child-placing agency/an attorney/a clinical social worker) licensed by (government authority). Not licensed in Tennessee.”.
4. (4) It is unlawful for an adoption facilitator to operate in this state, advertise their services within the boundaries of this state, or provide services to any resident of this state including, but not limited to, prospective adoptive parents or parents considering placing their child, whether born or not yet born, for adoption.
5. (5) A child-placing agency or attorney not licensed in this state must secure the services of a child-placing agency or attorney licensed in this state to provide adoption-related placement services to any expectant parent or child in this state.
Backlinks (1)
- 47-18-104(b)(60)
(b) “Placement of a child or children for adoption” means, for purposes of this section and § 36-1-109 and for licensing purposes in title 37, chapter 5, part 5, and for § 37-5-507, that a person, corporation, agency, or other entity is employed, contracted, or engaged, in any manner for any remuneration, fee, contribution, or thing of value, of any type by, or on behalf of, any person:
1. (1) In the selection of prospective adoptive parents for a child by determining the relative qualifications of prospective adoptive parents in a decision by that person, corporation, agency, or other entity to place any child or children, including specifically, but not limited to, the preparation of home studies, preliminary home studies, court reports for surrenders or adoptions, or the provision of supervision of a child in an adoptive home as part of the adoptive process; or
2. (2)
  1. (A) In the business of arranging services or assistance directed primarily, and not as an incidental part of its primary business, toward bringing to or placing with prospective adoptive parents a child or children for the purpose of foster care leading to adoption or as an adoptive placement for a child or children, including, but not limited to, advertising for such services, accepting clients for a fee, or providing any placing services for a fee;
  2. (B) Nothing in subdivision (b)(2)(A) shall include the provision of reasonable and necessary legal services related to the adoption proceedings, or medical or counseling services for the child or the parent in connection with the child's birth or in connection with the parent's decision to relinquish the child for adoption or for counseling services for the prospective adoptive parents.
(c)
1. (1) Any court of competent jurisdiction, upon the filing of a sworn complaint by the department or by a licensed child-placing agency, or by any person aggrieved, may temporarily enjoin or restrain any person, corporation, agency, or other entity from engaging or attempting to engage in placing children for adoption in violation or in threatened violation of this part or title 71, chapter 3, part 5, and upon final hearing, if the court determines that there has been a violation, or threatened violation, thereof, the injunction shall be made permanent.
2. (2) If the court finds that any person, corporation, agency, or other entity has engaged in the illegal placement of children for adoption, that person, corporation, agency, or other entity is liable for all the costs of the legal proceedings and for all attorney fees for private persons or private agencies who brought the action, or for the cost of attorney and staff time for the department involved in the proceeding, or for other remedies pursuant to § 29-34-214.
(d)
1. (1) In order to allow the prospective adoptive parents to have information available to them to permit informed choices regarding the employment of persons or entities involved in the placement of children, or in counseling, or in the provision of legal services, the department shall collect the information concerning fees or other costs charged by licensed child-placing agencies, licensed clinical social workers, attorneys, and counseling services that are disclosed in accordance with §§ 36-1-116(b)(16) and 36-1-120(b).
2. (2) This information shall be used by the department to develop an informational database in order for the department to provide, upon request of prospective adoptive parents or other interested persons, information concerning fees charged for home studies, placement services, counseling and legal fees. Such information shall be made available by the department in written form to any person so requesting. No employee of the department shall make any recommendation regarding or comment upon any information concerning such attorney, licensed child-placing agency or licensed clinical social worker.
3. (3) The department is specifically authorized to promulgate rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to regulate fees charged by licensed child-placing agencies and licensed clinical social workers or their practices, if it determines that the practices of those licensed child-placing agencies or licensed clinical social workers demonstrate that the fees charged are excessive or that any of the agency's practices are deceptive or misleading; provided, that such rules regarding fees shall take into account the use of any sliding fee by an agency or licensed clinical social worker that or who uses a sliding fee procedure to permit prospective adoptive parents of varying income levels to utilize the services of such agencies or persons.
4. (4) The department shall promulgate rules pursuant to the Uniform Administrative Procedures Act to require that all licensed child-placing agencies and licensed clinical social workers provide written disclosures to all prospective adoptive parents of any fees or other charges for each service performed by the agency or person, and file an annual report with the department that states the fees and charges for those services, and to require them to inform the department in writing forty (40) days in advance of any proposed changes to the fees or charges for those services.
5. (5) The department is specifically authorized to disclose to prospective adoptive parents or other interested persons any fees charged by any licensed child-placing agency, licensed clinical social worker, attorney or counseling service or counselor for all legal and counseling services provided by that licensed child-placing agency, licensed clinical social worker, attorney or counseling service or counselor.
(e)
1. (1) A person commits an offense who engages or attempts to engage in placing a child or children for adoption in violation of the requirements of this part or title 71, chapter 3, part 5.
2. (2) A violation of this subsection (e) is a Class A misdemeanor.

Backlinks (3)

History (14)

Acts 1951, ch. 202, § 36 (Williams, § 9572.50)
impl. am. Acts 1975, ch. 219, § 1
T.C.A. (orig. ed.), § 36-135
Acts 1986, ch. 767, § 9
T.C.A., § 36-1-134
Acts 1995, ch. 532, § 1
1996, ch. 1054, §§ 18, 127
2000, ch. 981, § 54
2009, ch. 411, § 4
2009, ch. 519, §§ 1, 2
2018, ch. 758, § 1
2018, ch 875, § 36
2023, ch. 361, §§ 3, 4, 6
2024, ch. 996, § 5.

§ 36-1-109. Illegal payments in connection with placement of child — Penalty.

(a) It is unlawful for any person, corporation, agency, or other entity other than the department or a licensed child-placing agency or licensed clinical social worker, as defined in § 36-1-102, that is subject to regulation by the department to:
1. (1)
  1. (A) Charge or receive from or on behalf of any person or persons legally adopting or accepting a child for adoption any remuneration, fee, contribution, or thing of value whatsoever for rendering any service described in § 36-1-108 in connection with the placement of such child for adoption or in connection with the placement of such child for foster care or adoption with one other than the child's parent or parents other than that now or hereafter allowed by law;
  2. (B)
    1. (i) This section does not prohibit the payment by an interested person of reasonable charges or fees for:
      1. (a) Hospital or medical services for the birth of the child;
      2. (b) Medical care and other reasonable birth-related expenses for the mother or child;
      3. (c) Counseling fees for the parents or prospective adoptive parents or child;
      4. (d) Legal services or the reasonable costs of legal proceedings related to the adoption of any child; or
      5. (e) Actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation for a reasonable period not to exceed the duration of the pregnancy and ninety (90) days after the birth, surrender, or parental consent to the adoption of the child.
    2. (ii) Upon a motion filed by the prospective adoptive parents, a court with jurisdiction for the surrender or adoption of a child may specifically approve in a written order, based upon a detailed affidavit by a birth mother and other evidence as required by the court, any expenses specifically allowed in this section for a period before or after the periods in subdivision (a)(1)(B)(i).
    3. (iii) Expenses must be incurred directly in connection with:
      1. (a) Maternity, birth, or placement of the child for adoption;
      2. (b) Legal services or costs of legal proceedings directly related to the adoption of the child; or
      3. (c) Counseling, which may occur in person or by virtual means, for a period of up to two (2) years for the parent who surrenders the child or consents to the adoption of the child.
    4. (iv) Reasonable, actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation do not include expenses incurred prior to the birth mother becoming pregnant and entering into an adoption plan. These expenses must, whenever possible, be documented by receipts, invoices, rental agreements, or other written verification of expense, and must be reviewed by the court before which the birth mother surrenders or consents to adoption. If documentation is not otherwise available, then the birth mother and prospective adoptive parents shall execute an itemized affidavit stating the specific reason for each payment, the amount paid, the date paid, and to whom each payment was made.
    5. (v) The payment for the expenses may only be for expenses or costs actually incurred during the periods permitted in subdivisions (a)(1)(B)(i)-(iii). This subdivision (a)(1)(B) does not prohibit the actual payment or receipt of payment for expenses or costs after those periods that were actually incurred during those periods.
2. (2) Sell or surrender a child to another person for money or anything of value; and it is unlawful for any person to receive such minor child for such payment of money or thing of value; provided, that nothing herein shall be construed as prohibiting any person who is contemplating adopting a child not yet born or surrendered or for whom a parental consent may be given from payment of the expenses set forth in subdivision (a)(1)(B);
3. (3) Having the rights and duties of a parent or guardian with respect to the care and custody of a minor child, assign or transfer such parental or guardianship rights for the purpose of, incidental to, or otherwise connected with, selling or offering to sell such rights and duties for money or anything of value; or
4. (4) Assist in the commission of any acts prohibited in subdivision (a)(1), (a)(2), or (a)(3).
(b) A violation of this section is a Class C felony.
(c) Any adoption completed before March 27, 1978, shall not be affected by this section.

Backlinks (4)

History (10)

Acts 1978, ch. 704, § 2
T.C.A., § 36-136
Acts 1992, ch. 1019, § 1
T.C.A., § 36-1-135
Acts 1995, ch. 532, § 1
1996, ch. 1054, § 19
2003, ch. 231, § 6
2023, ch. 187, §§ 1, 2
2023, ch. 263, § 1
2024, ch. 996, § 6.

§ 36-1-110. Parent under eighteen years of age — Surrender.

(a) A parent who has not reached eighteen (18) years of age shall have the legal capacity to surrender a child or otherwise give parental consent to adoption or execute a waiver of interest and to release such parent's rights to a child, and shall be as fully bound thereby as if the parent had attained eighteen (18) years of age.
(b) The court shall have the authority to appoint a guardian ad litem for the minor parent of a child who may be surrendered or for whom a parental consent or waiver of interest is given if deemed necessary to advise and assist the minor parent with respect to surrender, parental consent, waiver, or termination of the minor parent's parental rights.

History (5)

Acts 1951, ch. 202, § 8 (Williams, § 9572.22)
T.C.A. (orig. ed.), § 36-109
§ 36-1-109
Acts 1995, ch. 532, § 1
1996, ch. 1054, § 20.

§ 36-1-111. Presurrender request for home study or preliminary home study — Surrender of child — Consent for adoption by parent — Effect of Surrender — Form of surrender — Waiver of interest — Interpreter for non-English speaking parents.

(a)
1. (1) Prior to receiving a surrender by a parent of a child or prior to the execution of a parental consent by a parent in a petition for adoption, the prospective adoptive parents shall request a licensed child-placing agency, a licensed clinical social worker, or, if indigent under federal poverty guidelines, the department, to conduct a home study or preliminary home study for use in the surrender, or parental consent proceeding, or in the adoption.
2. (2) A court report based upon the home study or preliminary home study must be available to the court or, when using a Tennessee surrender form, to the persons under subsection (g), (h), or (i), and, before the surrender to prospective adoptive parents is executed, the court report must be reviewed by the court or persons under those subsections in any surrender proceeding in which the surrender is not made to the department or a licensed child-placing agency. When a parental consent is executed, pursuant to § 36-1-117(g), the court report based upon the home study or preliminary home study must be filed with the adoption petition, and must be reviewed by the court before the entry of an order of guardianship giving the prospective adoptive parents guardianship of the child.
3. (3) All court reports submitted under this subsection (a) shall be confidential and shall not be open to inspection by any person except by order of the court entered on the minute book. The court shall, however, disclose to prospective adoptive parents any adverse court reports or information contained therein, but shall protect the identities of any person reporting child abuse or neglect in accordance with law.
4. (4) A surrendering party shall complete a social and medical history form as promulgated by the department of children's services, or a substantially similar form, and attach the completed and executed form to the surrendering party's pre-surrender information form.
(b)
1. (1) All surrenders must be made before a judge of the chancery, circuit, or juvenile court except as provided herein, and the court shall advise the person or persons surrendering the child of the right of revocation of the surrender and time for the revocation and the procedure for such revocation. A surrender made under this section may be made in chambers or over a virtual video platform on which the court sees the person or persons surrendering the child. The decision whether to conduct the surrender in chambers or over a virtual video platform is within the court's discretion.
2. (2) A surrender form shall be legally sufficient if it contains statements comparable to the “Form of Surrender” set forth in subdivision (b)(3). The information requested on the pre-surrender information forms under subdivisions (b)(4) and (5) shall be collected, to the extent that such information is known to the surrendering or accepting party respectively, on the forms provided in subdivisions (b)(4) and (5) or by a substantially similar method and shall be attached to the surrender form proffered to the judge or officiant for execution.
  Backlinks (1)
  
  36-1-116(b)(12)(C)
3. (3)
  1. TENNESSEE SURRENDER FORM
  2. I, (full name of surrendering party) , born (surrendering party's date of birth), sign this surrender to end my parental rights and responsibilities to (full name of child) , born (child's date of birth) in (location of child's birth) . I am this child's (circle one) mother / father / possible father / guardian.
  3. I surrender my parental rights to and request that this Court give guardianship to (a person/family with a current, approved home study, or a licensed child-placing agency) .
  4. I know I only have three (3) days to change my mind and revoke this decision after I sign this form. This decision may not be changed if I do not revoke this surrender on or before (three days after today, calculated under Tennessee Rule of Civil Procedure 6.01). To revoke, I must sign a revocation form before the Judge or officiant with me now or his or her successor.
  5. I have completed the Surrendering Party Pre-Surrender Information Form. I have provided true and complete answers to all the questions on that form to the best of my knowledge.
  6. I know that I should only sign this form if I want my parental rights terminated. If I want to talk to my own lawyer before I sign this form, I should tell the Judge or other officiant now and this surrender process will stop. I can talk to my lawyer and then decide if I still want to end my parental rights. If I do not have my own lawyer, I understand that I am free to go obtain my own lawyer and this surrender process will stop until I have done so, or I may continue without my own lawyer at this time. The judge or other officiant has also advised me that I have the right to a lawyer.
  7. If anyone is putting pressure on me to sign this surrender, or trying to make me sign against my will, or has promised me something I value in order to make me want to sign this surrender, I understand that I should tell the Judge or officiant about that before I sign this form. The Judge or officiant will not allow me to be forced to sign this surrender.
  8. No one is pressuring, threatening, or paying me to get me to sign this form. I believe voluntary termination of my parental rights is in the best interest of my child.
  9. By signing below I voluntarily terminate my parental rights and surrender my child to the person(s) or agency listed above.
  10. This day of , 20.
  11. Surrendering Party's Signature
  12. Judge or Officiant Attestation
  13. I interviewed the surrendering party and witnessed execution of the foregoing surrender as required by T.C.A. § 36-1-111. The surrendering party understands that he/she is surrendering parental rights to this child. There is no reason to believe that this is not a voluntary act.
  14. The Surrendering Party's Pre-Surrender Information Form, the surrendering party's Social and Medical History Form, and if the surrender is to an individual, or individuals, as opposed to an agency, the individual's, or individuals', court report based upon a current and approved home study are attached to this form. The Pre-Surrender Information Form and Social and Medical History Form are properly verified by a notary or I reviewed the information with the surrendering party and he/she has attested before me to the correctness of those forms.
  15. This day of , 20.
  16. Judge or Officiant's Signature
  17. Name and Title:
  18. Court or Employing Institution and Location:
  19. ACCEPTANCE BY AGENCY or PROSPECTIVE ADOPTIVE PARENT(S)
  20. I/We and individually or I, , on behalf of the licensed child-placing agency, , hereby accept the surrender of (child) from (surrendering party) and plan to adopt the surrendered child or for an agency, expect and intend to place this child for adoption with an appropriate family. I/We or the undersigned agency have physical custody of this child or will have physical custody upon discharge of this child from a healthcare facility. I/We or the undersigned agency agree(s) to assume responsibility for obtaining guardianship of the surrendered child through a court order within thirty (30) days of the date of the surrender. I/We or the undersigned agency agree(s), to be responsible for the care, custody, financial support, medical care, education, moral, and spiritual training of this child, pending an adoption.
  21. I/We have completed the Accepting Party's Pre-Acceptance Information Form. The information provided in that form is true to the best of my/our knowledge.
  22. This day of , 20.
  23. Signature of Prospective Adoptive Parent
  24. Signature of Prospective Adoptive Parent
  25. Signature of Agency Representative and Title
  27. Judge or Officiant Attestation
  28. I interviewed the accepting parties and witnessed execution of the foregoing acceptance.
  29. The Accepting Party's Pre-Acceptance Information Form and any accepting individual's/individuals' court report based upon a current and approved home study are attached to this form. The Accepting Party's Pre-Acceptance Information Form is properly verified by a notary or I reviewed the information with the accepting parties and they have attested before me to the correctness of the form.
  30. This day of , 20.
  31. Judge or Officiant's Signature
  32. Name and Title:
  33. Court or Employing Institution and Location:
4. (4)
  1. SURRENDERING PARTY'S PRE-SURRENDER INFORMATION FORM
  2. STATE OF
  3. COUNTY OF
  4. Being duly sworn according to law, affiant would state:
  5. 1. I am:
  6. a. Mother: (Date of Birth) or
  7. b. Father: (Date of Birth) or
  8. c. Legal Guardian: (Date of Birth) of
  9. 2.
  10. a. Child's Name
  11. b. Child's Date of Birth
  12. c. Child's Place of Birth
  13. d. Child's Sex
  14. e. Child's Race
  15. 3. This child was born in wedlock [ ] out of wedlock [ ] in wedlock but the mother's husband is not the child's biological father [ ].
  16. 4. State the names and relationships of any other legal parents, putative fathers, and legal guardians for this child:
    1. a.
    2. (1) Name
    3. (2) Relationship to the child
    4. (3) Address
    5. (4) City, State, Zip
    6. (5) Telephone Number: Home: Work:
    7. (6) Other identifying information concerning the above identified other legal or biological parent/legal guardian.
    8. b.
    9. (1) Name
    10. (2) Relationship to the child
    11. (3) Address
    12. (4) City, State, Zip
    13. (5) Telephone Number: Home: Work:
    14. (6) Other identifying information concerning the above identified other legal or biological parent/legal guardian.
  17. 5. If the above named parties' whereabouts are unknown, please describe why that is the case:
  18. 6. Is the child or surrendering parent or another legal parent of the child a member of a federally recognized American Indian or Alaskan Native tribe?
  19. If “yes,” please provide the name and address of the tribe, all available information regarding the tribal membership, including a membership number if there is one, or the basis for the belief that one may be a tribal member. If there is a tribal membership card or tribal enrollment document please provide a copy by attaching it to this form.
  20. 7.
    1. a. Will this child be sent out of Tennessee to another state for adoption?
    2. Yes [ ] No [ ]
    3. b. If yes, name of state:
  21. 8. Have you been paid, received, or promised any money or other remuneration or thing of value in connection with the birth of the above-named child or placement of this child for adoption?
  22. Yes [ ] No [ ] If no, go to #9.
  23. If yes, please list the amount paid, to whom the payment was made, who made the payment, when was the payment made, and for what purpose the payment was made:
  24. 9. Does the child own any real or personal property? Yes [ ] No [ ] If yes, please describe property, its value, and any relevant circumstances:
  25. 10.
    1. a. I currently have (___) legal, (___) physical, or (___) legal and physical custody of the child.
    2. b. If someone else has legal or physical custody of the child, please identify the person or agency that holds custody of the child and whether they have legal custody, physical custody, or both.
    3. For a custodian, other than the surrendering party, please list the custodians:
    4. Custodian(s)
    5. Street
    6. City , State , Zip
    7. Telephone Number: Home: Work:
  26. 11.
    1. a. There may be state assistance-money, classes, health insurance, food aid and such, available to help you if you parent the child yourself.
    2. b. There is counseling available if you want to talk to a counselor about your choice before you sign a surrender form.
    3. c. You can talk to a lawyer who only represents you, if you want to, before you sign a surrender form.
    4. Do you understand that all these things are available? Yes [ ] No [ ]
  27. FURTHER, AFFIANT SAITH NOT.
  28. This day of , 20.
  30. Signature: Biological [ ] Legal [ ] Mother ________________________________
  31. Biological [ ] Legal [ ] Father ________________________________
  32. Legal Guardian of
  33. Name of Child
  34. Sworn to and subscribed before me this the day of , 20.
  35. Notary Public
  36. My commission expires:
  37. (A notary is necessary if information on this form is not reviewed by and acknowledged before a Judge or officiant.)
  Backlinks (3)
  
  36-1-116(b)(12)(C)
  36-1-117(g)(2)(A)
  36-1-117(g)(2)(B)(ii)
5. (5)
  1. ACCEPTING PARTY'S PRE-ACCEPTANCE INFORMATION FORM
  2. STATE OF
  3. COUNTY OF
  4. Being duly sworn affiants would state:
    1. 1.
    2. a. I am , Prospective Adoptive Parent.
    3. b. Prospective Adoptive Parent's Date of Birth
    4. c. Prospective Adoptive Parent's Place of Birth
    5. d. Prospective Adoptive Parent's Marital Status
    6. 2.
    7. a. I am , Prospective Adoptive Parent.
    8. b. Prospective Adoptive Parent's Date of Birth
    9. c. Prospective Adoptive Parent's Place of Birth
    10. d. Prospective Adoptive Parent's Marital Status Or
    11. 3. I am , representative of a licensed child placing agency with offices at:
    12. 4. The following costs have been paid or promised by (me/us) for activities involving the placement of this child. Please include, amount paid or promised, to whom, by whom, date paid and type of service or cost:
    13. 5.
    14. a. ____ I/We have physical custody of this child; or
    15. b. ____ I/We will receive physical custody of the child from the parent or legal guardian within five (5) days of this surrender; or
    16. c. ____ I/We have the right to receive physical custody of the child upon his or her release from a hospital or health care facility; or
    17. d. _____ Another person or agency currently has physical control of the child. I/We have presented to the court an affidavit of the person or agency required by T.C.A § 36-1-111(d)(6) which indicates their waiver of right to custody of the child upon entry of a guardianship order pursuant to T.C.A. § 36-l-111(o).
    18. 6. Yes [ ] No [ ]. I/We have presented to the court a currently effective or updated home study or preliminary home study of my/our home conducted by a licensed child-placing agency, a licensed clinical social worker, or the Tennessee Department of Children's Services as required by Tennessee law. (Not applicable for agency placements)
    19. 7.
    20. a. If the child is to be removed from Tennessee for adoption in another state, will there be compliance with the Interstate Compact on the Placement of Children.Yes [ ] No [ ] Not Applicable [ ].
    21. b. If yes, who will be responsible for preparing and submitting the ICPC package?
    22. FURTHER, AFFIANT SAITH NOT.
    23. This day of , 20.
    25. Signature of Prospective Adoptive Parent
    26. Signature of Prospective Adoptive Parent
    27. OR
    29. Signature of Representative of Agency
    30. Name of Agency
    31. Sworn to and subscribed before me this the day of , 20.
    32. Notary Public
    33. My commission expires:
    34. (A notary is necessary if information on this form is not reviewed by and acknowledged before a Judge or officiant.)
6. (6)
  1. REVOCATION OF SURRENDER BY A PARENT OR GUARDIAN
  2. STATE OF
  3. COUNTY OF
  4. Being duly sworn affiants would state:
    1. 1. I am:
    2. a. Mother:
    3. b. Father:, or
    4. c. Legal Guardian:, of:
    5. 2.
    6. a. Child's Name:
    7. b. Child's Date of Birth:
    8. c. Child's Place of Birth:
    9. d. Child's Sex:
    10. e. Child's Race:
    11. 3. On (Date) , I executed a surrender of my parental or guardianship rights to the child named in #2 to:
    12. a. Prospective Adoptive Parent(s)
    13. b. Licensed Child-Placing Agency
    14. c. Tennessee Department of Children's Services
    15. 4. The surrender was executed before: (Name of Judge or Officiant)
    16. 5. I hereby revoke the surrender of the above-named child.
    17. FURTHER, AFFIANT SAITH NOT.
    18. This day of , 20.
    19. Signature: BiologicalLegalMother:
    20. BiologicalLegalFather:
    21. Legal Guardian:
    22. Sworn to and subscribed before me this day of , 20.
    23. This Revocation of Surrender was received by me on the day of , 20.
    24. Please Print:
    25. Signature:
    26. Judge or Officiant
(c) A surrender or parental consent may be made or given to any prospective adoptive parent who has attained eighteen (18) years of age, the department, or a licensed child-placing agency in accordance with this section.
(d)
1. (1) A surrender that does not meet the requirements of subdivision (a)(2) is not valid.
2. (2) A surrender may be made at any time prior to birth, but a surrender made prior to the birth of a child is not filed with the clerk of court until after the birth of the child and until the surrendering party or parties have filed a written reaffirmation of their desire to surrender the child, unless the surrender was executed in accordance with subsection (g). A surrender made prior to the birth of a child must be reaffirmed within three (3) calendar days of the birth of the child, except for a surrender executed in accordance with subsection (g).
3. (3) A surrender is not valid unless made after the earlier of discharge from a hospital or other birthing facility or forty-eight (48) hours following the child's birth; provided, that the court may, for good cause shown, which is entered in an order in the minute book of the court, waive this waiting period.
4. (4) A surrender is not valid if the surrendering party states a desire to receive legal or social counseling until the request is satisfied or withdrawn.
5. (5) Unless the surrender is made to the physical custodian or unless the exceptions of subdivision (d)(6) otherwise apply, a surrender is not sufficient to make a child available for adoption in any situation where another person or persons, the department, a licensed child-placing agency, or other child-caring agency in this state or any state, territory, or foreign country is exercising the right to physical custody of the child under a current court order at the time the surrender is sought to be executed, or when those persons or entities have any currently valid statutory authorization for custody of the child.
6. (6) No surrender shall be valid unless the person or persons or entity to whom or to which the child is surrendered or parental consent is given:
  1. (A) Has, at a minimum, physical custody of the child;
  2. (B) Will receive physical custody of the child from the surrendering parent or guardian within five (5) days of the surrender;
  3. (C) Has the right to receive physical custody of the child upon the child's release from a health care facility; or
  4. (D) Has a sworn, written statement from the person, the department, the licensed child-placing agency, or child-caring agency that has physical custody pursuant to subdivision (d)(5), which waives the rights pursuant to that subdivision (d)(5).
  Backlinks (6)
  
  36-1-111(b)(5)
  36-1-115(b)
  36-1-116(b)(5)
  36-1-116(f)(1)
  36-1-116(f)(2)
  36-1-116(f)(3)
Backlinks (1)
- 36-1-112(c)
(e) The commissioner, or the commissioner's authorized representatives, or a licensed child-placing agency, through its authorized representatives, may accept the surrender of a child and they shall be vested with guardianship or partial guardianship of the child in accordance with this section and § 36-1-102; provided, that the department or any licensed child-placing agency may refuse to accept the surrender of any child.
(f) In any surrender proceeding, the court or other person authorized herein to conduct a surrender proceeding, and when a parental consent is executed in the adoption petition, the court shall require that the person or persons surrendering the child for adoption or the person or persons giving consent and the person or persons accepting the child through the surrender or receiving parental consent to satisfactorily prove their identities before the surrender is executed or the parental consent is accepted. No surrender or parental consent may be executed in any form in which the identities of the person or persons executing the surrender or parental consent or the person or persons or agencies receiving the surrender or the identity of the child whose name is known are left blank or in any form in which those persons, the child, or agencies are given pseudonyms on the form or in the petition at the time of the execution of the surrender or parental consent.
(g) In cases where the person executing the surrender resides in another state or territory of the United States, the surrender may be made in accordance with the laws of such state or territory or may be made before the judge or chancellor of any court of record or before the clerk of any court of record of such state or territory and such surrender shall be valid for use in adoptions in this state.
Backlinks (4)
(h) In cases where the surrendering person using the Tennessee form of surrender or the form provided by applicable law resides or is temporarily in a foreign country, the surrender may be made before any officer of the United States armed forces authorized to administer oaths, or before any officer of the United States foreign service authorized to administer oaths. A citizen of a foreign country may, in accordance with the law of the foreign country, execute a surrender of a child that states that all parental rights of that person are being terminated or relinquished by the execution of the document or that the child is being given to an agency or other person for the purposes of adoption.
(i) In cases where the person executing surrender is incarcerated in a state or federal penitentiary, the surrender may be executed before the warden or deputy warden of the penitentiary or a notary public.
(j)
1. (1) When a person executing a surrender is unable to read, read in the English language, see, or otherwise unable to review and comprehend the surrender form and attachments offered for the person's signature or provided on the person's behalf, the person shall be provided with appropriate and sufficient assistance to make the documents and attachments understandable to the person both before and during the surrender hearing. The accepting party shall be responsible for payment of the cost of such interpreter or assistance if the surrendering party requires such assistance.
2. (2)
  1. (A) The court, or other persons authorized by this part to accept surrenders, shall personally verify under oath by the surrendering or consenting person who has provided the information required surrender or parental consent process pursuant to this part, that the parent or guardian agrees with the information provided in the forms and attachments and that such person does accept the surrender of the subject child.
  2. (B) The pre-surrender information forms for the birth parent and accepting party and all required attachments must be attached to the surrender or parental consent when the surrender and acceptance are executed and maintained with the surrender or parental consent form by the court or the court clerk, or person authorized by this part to accept surrenders, and transmitted to the department as otherwise required by this part.
3. (3)
  1. (A) In all other respects, prior to the entry of an order confirming the parental consent, the court, or other persons authorized by this part to accept surrenders, shall:
    1. (i) Witness the actual act of surrender by witnessing the parent's or guardian's signature on the surrender form; or
    2. (ii) Confirm the parental consent by verifying the parent's answers to the questions required pursuant to subdivision (b)(4), and by witnessing the parent's signature on an affidavit acknowledging the parental consent.
  2. (B) The court may not accept any surrenders executed prior to its approval of the surrender that relinquish the parent's or guardian's rights, nor may it enter any orders confirming a parental consent, based upon any written statement of the parent agreeing to relinquish the parent's rights to the child, except as may be otherwise specifically provided by this part.
  3. (C) The execution of the surrender or parental consent shall occur in private in the chambers of the court or in another private area, and in the presence of the surrendering or consenting person's legal counsel if legal counsel has been requested by the surrendering or consenting person. In the discretion of the court or other person conducting the surrender or parental consent proceeding, the court's officer or other employee may be present.
4. (4) For surrenders taken pursuant to subsection (g), (h) or (i), the information required by this part to be supplied by the prospective adoptive parents, the department, or a licensed child-placing agency and the acceptance of a surrender by the prospective adoptive parents or the department or the licensed child-placing agency may be made by affidavit contained with the Tennessee surrender forms.
Backlinks (2)
- 36-1-113(d)(2)(A)(vi)
- 37-2-403(e)
(k)
1. (1) In the case of a surrender directly to prospective adoptive parents, if the person surrendering the child desires to have counseling prior to execution of the surrender and the child is being surrendered directly to the prospective adoptive parents, the prospective adoptive parents shall, if so requested by the surrendering person or persons, compensate a licensed child-placing agency, a licensed clinical social worker, or the department for such counseling, which must be completed before the surrender can be executed.
2. (2) If the person surrendering the child states a desire to have legal counseling prior to or during the execution of a surrender directly to the prospective adoptive parents, the prospective adoptive parents shall, if so requested by the surrendering person or persons, compensate the attorney for such counseling sought, which must be completed before the surrender can be executed.
3. (3) This subsection (k) shall also apply to the use of parental consents pursuant to § 36-1-117(g) prior to entry of the order of confirmation.
4. (4) The payment of compensation by the prospective adoptive parents shall not establish any professional/client relationship between the prospective adoptive parents and the counselor or attorney providing services under subdivisions (k)(1) and (2).
5. (5) The department shall, by rule, establish the form of the certification required by this section, including the counseling criteria that must be met with the surrendering parent as part of the certification.
(l) Before the surrender is received and before an order of guardianship is entered based upon a parental consent, the person or persons to whom the child is to be surrendered or the persons to whom a parental consent is given, other than the department or a licensed child-placing agency, shall present with the surrender executed in this state or on a Tennessee form at the time of the execution of the surrender or before confirmation of a parental consent by the court, a court report based upon a currently effective or updated home study or preliminary home study conducted by a licensed child-placing agency, a licensed clinical social worker, or the department.
(m)
1. (1)
  1. (A) The person or persons executing the surrender and the person or persons, the local representative of the department or the local representative of the licensed child-placing agency to whom the child is surrendered shall receive certified copies of the original surrender from the clerk of the court immediately upon the conclusion of the surrender proceeding.
  2. (B) Costs of all certified copies provided under this subdivision (m)(1) shall be taxed only to the person or persons receiving the surrender, the department, or the licensed child-placing agency.
2. (2)
  1. (A) The original of the surrender executed before the court shall be entered on a special docket for surrenders and shall be styled: “In Re: (Child's Name),” and shall be permanently filed by the court in a separate file designated for that purpose maintained by the judge, or the judge's court officer, who accepted the surrender and shall be confidential and shall not be inspected by anyone without the written approval of the court where the file is maintained or by a court of competent jurisdiction with domestic relations jurisdiction if the file is maintained elsewhere. There will be no court costs or litigation tax assessed for the surrender. Within five (5) days, a certified copy of the surrender shall be sent by the clerk or the court to the adoptions unit in the state office of the department in Nashville.
  2. (B)
    1. (i) The original of the surrender executed before the persons authorized under subsections (g) and (h), or, in out-of-state correctional facilities under subsection (i), shall be maintained in a separate file designated for that purpose, which shall be confidential and shall not be inspected by anyone else without the written approval of a court with domestic relations jurisdiction where the file is maintained.
    2. (ii) For surrenders executed under subsection (i) in federal and state correctional facilities in Tennessee, the original shall be filed in a secure file in the office of the warden, which shall not be open to inspection by any other person, and after ten (10) days from the date of the surrender, the original shall be sent to the adoptions unit in the state office of the department in Nashville and a copy shall be maintained by the warden.
3. (3)
  1. (A) The clerk of the court, or the department as the case may be, upon request, shall send certified copies of the original surrender to:
    1. (i) The court where the adoption petition or where the petition to terminate parental rights is filed;
    2. (ii) A party who is petitioning for an adoption in cases where the child was not placed by the department or a licensed child-placing agency; provided, however, where the child was placed by the department or a licensed child-placing agency, the parties petitioning for an adoption or termination of parental rights are not entitled to copies of the surrenders made to the department or a licensed child-placing agency; and
    3. (iii) The department's county office or a licensed child-placing agency or licensed clinical social worker that or who is performing any service related to an adoption or that has intervened in an adoption proceeding.
  2. (B) Costs of providing certified copies under this subdivision (m)(3) may be taxed or charged to the person, the department, or the licensed child-placing agency that requests the certified copies, except where the department, the licensed child-placing agency, or licensed clinical social worker is responding to an order of reference from a court or where the department, licensed child-placing agency, or licensed clinical social worker is conducting any investigation related to the adoption or to the child's welfare.
(n)
1. (1) The party to whom the child is surrendered pursuant to subsection (g), (h) or (i) shall file a certified copy of the surrender of a child with the chancery, circuit, or juvenile court in Tennessee where the child or the prospective adoptive parents reside, or with the court in which an adoption petition is filed in Tennessee, within fifteen (15) days of the date the surrender is actually received, or within fifteen (15) days of the date the child or the person or persons to whom the child has been surrendered becomes a resident of this state, whichever is earlier.
2. (2) The surrender filed pursuant to subdivision (n)(1) shall be recorded by the court and shall be processed by the clerk as required by subdivision (m)(2)(A).
3. (3) In cases under subdivision (n)(1), where the child is in the legal custody of the department or a licensed child-placing agency, the surrender also may be filed in the chancery, circuit, or juvenile court or other court that had placed custody of the child with the department or the licensed child-placing agency.
4. (4) In cases under subdivision (n)(1), and in accordance with subsection (o), the court shall enter such other orders for the guardianship and supervision of the child as may be necessary or required pursuant to this section or § 36-1-118.
Backlinks (1)
- 36-1-112(d)(4)
(o)
1. (1)
  1. (A)
    1. (i) A surrender, a confirmed parental consent, or a waiver of interest executed in accordance with this part shall have the effect of terminating all rights as the parent or guardian to the child who is surrendered, for whom parental consent to adopt is given, or for whom a waiver of interest is executed. It shall terminate the responsibilities of the surrendering parent or guardian and the consenting parent. It shall terminate the responsibilities of the person executing a waiver of interest under this section for future child support or other future financial responsibilities pursuant to subsection (s) if the child is ultimately adopted; provided, that this shall not eliminate the responsibility of such parent or guardian for past child support arrearages or other financial obligations incurred for the care of such child prior to the execution of the surrender, parental consent, or waiver of interest; provided further, that the court may, with the consent of the parent or guardian, restore such rights and responsibilities, pursuant to § 36-1-118(d).
    2. (ii) If, after determining the surrender to be in the child's best interest, the department accepts a surrender of a child, who was previously placed for adoption by the department, from the child's adoptive parent or parents, the unrevoked surrender of such child shall terminate the responsibilities of the surrendering adoptive parent or parents for future child support or other future financial responsibilities; provided, that this shall not be construed to eliminate the responsibility of such parent or parents for past child support arrearages or other financial obligations incurred for the care of such child prior to the execution of the surrender; and provided further, that the court may, with the consent of the parent or parents, restore such rights and responsibilities pursuant to § 36-1-118(d).
  2. (B) Notwithstanding subdivision (o)(1)(A), a child who is surrendered, for whom a parental consent has been executed, or for whom a waiver of interest has been executed, shall be entitled to inherit from a parent who has surrendered the child or executed a parental consent or waiver of interest until the final order of adoption is entered.
2. (2)
  1. (A) Unless prior court orders or statutory authorization establishes guardianship or custody in the person or entity to whom the surrender or parental consent is executed, the surrender or parental consent alone does not vest the person, persons or entities who or that receive it with the legal authority to have custody or guardianship or to make decisions for the child without the entry of an order of guardianship or partial guardianship as provided in subdivision (o)(6)(A) or as provided in § 36-1-116(f). The court accepting the surrender or the parental consent shall not enter any orders relative to the guardianship or custody of a child for whom guardianship or custody is already established under prior court orders or statutory authorization, except upon motion under subdivision (o)(4)(D) by the person, persons or entities to whom the surrender or parental consent is executed.
  2. (B) In order to preserve confidentiality, the court clerk or the court shall have a separate adoption order of guardianship minute book, which shall be kept locked and available for public view only upon written approval of the court.
3. (3)
  1. (A) Except as provided in subdivisions (o)(2) and (4), a validly executed surrender shall confer jurisdiction of all matters pertaining to the child upon the court where the surrender is executed or filed until the filing of the adoption petition, at which time jurisdiction of all matters pertaining to the child shall transfer to the court where the adoption petition is filed; provided, that the jurisdiction of the juvenile court to adjudicate allegations concerning any delinquent, unruly, or truant acts of a child pursuant to title 37 shall not be suspended.
  2. (B) A waiver of interest does not confer jurisdiction over the child in any court nor does it permit the entry of any order of custody or guardianship based solely upon such waiver, but shall only permit a court to find that that person's parental rights, if any, are terminated.
4. (4)
  1. (A) When, at the time the surrender or parental consent is executed, a prior court order is in effect that asserts that court's jurisdiction over the child who is the subject of the surrender or parental consent, the prior court order shall remain effective until, and only as permitted by this section, an alternate disposition for the child is made by the court where the surrender is executed or filed or until, and only as permitted by this section, an alternate disposition is made for the child on the basis of a termination of parental rights proceeding, or, as permitted by § 36-1-116, until an alternate disposition for the child is made by the court where the adoption petition is filed.
  2. (B) If the prior court order under subdivision (o)(4)(A) gives the right to legal and physical custody of the child to a person, the department, a licensed child-placing agency, or other child-caring agency, a surrender or parental consent by the parent or guardian to any other person, persons or entities shall be invalid as provided under subdivision (d)(5), and any purported surrender or parental consent to such other person or persons or entities shall not be recognized to grant standing to file a motion pursuant to subdivision (o)(6) and § 36-1-116(f)(3) to such other person or persons or entities who or that received the surrender or parental consent, and no order of guardianship or partial guardianship based upon that surrender or parental consent and motion shall be effective to deprive the existing legal or physical custodians under the court's prior order of legal or physical custody of that child. Any orders to the contrary shall be void and of no effect whatsoever.
  3. (C) If the court that has entered the prior custody order under subdivision (o)(4)(A) has subject matter jurisdiction to terminate parental or guardian rights at the time a surrender of the child who is the subject of that order is validly executed in another court pursuant to subdivision (o)(4)(D) or at the time a petition to terminate parental rights is filed pursuant to subdivision (o)(4)(E), it shall continue to have jurisdiction to complete any pending petitions to terminate parental or guardian rights that are filed prior to the execution of the surrender or prior to the filing of the petition to terminate parental rights in the other court pursuant to subdivision (o)(4)(E). The court shall not have jurisdiction to complete any pending petitions to terminate parental rights subsequent to the filing of a petition for adoption. The court may enter orders of guardianship pursuant to the termination of parental rights proceedings unless prior thereto an order of guardianship is entered by another court pursuant to subdivisions (o)(4)(D) and (E). Any orders of guardianship entered pursuant to subdivisions (o)(4)(D) and (E) or pursuant to § 36-1-116 shall have priority over the orders of guardianship entered pursuant to this subdivision (o)(4)(C); provided, that orders terminating parental rights entered pursuant to this subdivision (o)(4)(C) shall be effective to terminate parental rights.
  4. (D) If the person, persons or entities in subdivision (o)(4)(B) to whom the surrender is made have legal and physical custody of the child or the right to legal and physical custody of the child pursuant to a prior court order at the time the surrender is executed to them, any court with jurisdiction to receive a surrender may receive a surrender that is executed to them and shall have jurisdiction, upon their motion, to enter an order giving guardianship or partial guardianship to the person, persons or entities, and, notwithstanding subdivision (o)(4)(A), such order may make an alternate disposition for the child.
    Backlinks (1)
    
    36-1-113(n)
  5. (E) Notwithstanding subdivision (o)(4)(A), a person, the department, or a licensed child-placing agency that had custody of the child pursuant to a court's prior order, may file in any court with jurisdiction to terminate parental or guardian rights, and in which venue exists, any necessary petitions to terminate the remaining parental or guardian rights of any person or persons to the child, and if they have any subsequent orders of guardianship or partial guardianship based upon an executed surrender or a termination of parental rights from the other court of competent jurisdiction, they may place the child for adoption in accordance with those subsequent orders.
5. (5) If multiple surrenders or parental consents are received with respect to the same child in different courts, subject to the restrictions of subdivisions (o)(2) and (4), the court that first receives a surrender or parental consent or in which the surrender is first filed pursuant to subsection (n), and that enters an order of guardianship or partial guardianship, shall have jurisdiction of the child and shall issue any necessary orders of reference required by this section. Any other court that receives a surrender or parental consent or in which a surrender or parental consent is filed pursuant to subsection (n) subsequent to the surrender shall, upon notification by the first court, send the original of the surrender or filed pleading to the first court and shall retain a certified copy of the original in a closed file, which shall not be accessed by any person without the written order of the court.
6. (6)
  1. (A) Subject to the restrictions of subdivisions (o)(2) and (4), a validly executed surrender under this section or a parental consent shall give to the person to whom the child is surrendered or to whom a parental consent is given standing to file a written motion for an express order of guardianship or partial guardianship, as defined in § 36-1-102, from the court where the child was surrendered or where, under subsection (n), the surrender was filed, or in the court that, pursuant to subdivision (o)(4)(A), has granted legal custody of the child to such person, or in the court in which the adoption petition is filed. A validly executed surrender shall entitle the department or the licensed child-placing agency that received the surrender to have the court enter an order of guardianship pursuant to subdivision (o)(6)(C).
  2. (B) The motion, which may be filed by any person or by that person's attorney, shall contain an affidavit that the party seeking the order of guardianship or partial guardianship has physical custody of the child, or if filed at the time of the execution of the surrender or the filing of the adoption petition containing a parental consent, it shall contain the affidavits otherwise required by subdivision (d)(6).
  3. (C) If the person, the department, or the licensed child-placing agency to whom the child is surrendered or to whom parental consent is given, has physical custody or has otherwise complied with subdivision (d)(6), and if there has been full compliance with the other provisions of this section, then the court shall, contemporaneously with the surrender or the filing of an adoption petition, immediately upon written motion by the person or the person's attorney, or by the department or the licensed child-placing agency, enter an order giving the person, the licensed child-placing agency, or the department guardianship or partial guardianship of the child.
  4. (D) A copy of the surrender, the motion and any resulting order shall be sent by the clerk to the adoptions unit in the state office of the department in Nashville, which shall record the surrender, the motion, and the order and their dates of filing and entry for purposes of tracking the child's placement status and the status of the adoption process involving the child.
7. (7) If an order of guardianship is entered, the appointed guardians shall have authority to act as guardian ad litem or next friend of the child in any suit by the child against third parties while the child is in the care and custody of the petitioners. The court may appoint a special guardian for the child for such purpose upon motion by the department for a child in its guardianship.
8. (8) If the court grants guardianship or custody of the child upon the filing of the surrender or upon the filing of a parental consent and the child is possessed of any real or personal property to be administered, the court shall appoint a guardian of the property of the child if no guardian of the property exists, and such guardian may be the same person or persons who are guardians of the person of the child except if the child is in the guardianship of the department in which case another person or entity shall be appointed.
Backlinks (1)
- 36-1-118(b)
(p)
1. (1) Upon filing a parental consent for an adoption by a person other than a related person, and if no home study had been completed or updated within six (6) months prior to the surrender or the filing of a parental consent, and no court report based upon the home study has been filed with the court, the court shall, by an order of reference issued within five (5) days, direct that a home study be conducted and filed as provided in this part.
2. (2) The order of reference shall be directed to a licensed child-placing agency or a licensed clinical social worker unless the prospective adoptive parents are indigent under current federal poverty guidelines, in which case the order shall be directed to the department.
3. (3) The court report based upon the home study shall be filed with the court within sixty (60) days of the date of the order of reference.
4. (4) The court shall order a licensed child-placing agency, a licensed clinical social worker, or the department, if the parents are indigent under federal poverty guidelines, to provide supervision for the child who is in the home of prospective adoptive parents pursuant to a surrender or a parental consent under this section, and to make any necessary court reports that the court should have concerning the welfare of the child pending entry of the final order in the case; provided, that this subdivision (p)(4) shall not apply when the surrender is made to related persons.
5. (5) If the adoption petition is filed before the home study is completed or before the court report based upon the home study is filed, and the adoption petition is filed in a court other than the one where the surrender was executed, the court where the surrender was executed shall, upon request of the court where the adoption petition is filed or upon motion of the prospective adoptive parents, send any court report it receives to the adoption court.
6. (6) Unless they are indigent under federal poverty guidelines, the prospective adoptive parents shall be assessed by the court the costs of the study and the supervision of the placement by the agency, and the costs shall be paid by them to the licensed child-placing agency or licensed clinical social worker that performed the home study or supervision.
(q)
1. (1) Failure to fully comply with this section or failure to file the surrender executed pursuant to subsection (g), (h) or (i) within the fifteen-day period required by subsection (n), or failure to obtain an order of guardianship in accordance with this section within thirty (30) days of the date the surrender is executed or filed, or within thirty (30) days of the date parental consent is filed, shall be grounds for removal of the child from the physical care and control of the person, the department, or licensed child-placing agency receiving the surrender; provided, that this shall not apply when the persons, the department or the licensed child-placing agency have legal custody or partial guardianship under an order of a court entered prior to the execution of the surrender or parental consent or pursuant to any statutory authority giving custody to the department or licensed child-placing agency.
2. (2) A sworn complaint concerning the grounds alleged in subdivision (q)(1) and concerning the best interests of a child for whom a surrender is sought or on whom a surrender or parental consent was executed or guardianship order entered, or which complaint otherwise seeks to present proof concerning the best interests of the child, may be filed by any person, the department, a licensed child-placing agency, or a licensed clinical social worker.
3. (3) The complaint may be filed in the court where the surrender was executed or filed or where the adoption petition containing a parental consent was filed. If the surrender was not executed or filed in Tennessee or if the surrender was not executed before a court or if the surrender was not filed at all, then the complaint may be filed in the circuit, chancery, or juvenile court in the county where the child resides.
(r)
1. (1)
  1. (A) Upon its own motion or upon the complaint filed pursuant to subsection (q) and subject to the restrictions concerning custody of the child who is not in the custody of the prospective adoptive parents as stated in subdivisions (o)(2) and (4) and § 36-1-116(f)(1), the court receiving the surrender or entering the order of guardianship or partial guardianship and the adoption court to which jurisdiction may be transferred may make any suitable provisions for the care of the child and, notwithstanding the restrictions of subdivisions (o)(2) and (4) and § 36-1-116(f)(1), the court shall have jurisdiction to enter any necessary orders, including any emergency ex parte orders for the child's emergency protection, care, and supervision based upon probable cause that the child's health and safety is immediately endangered; provided, that such emergency orders shall only remain effective for thirty (30) days when the restrictions of subdivisions (o)(2) and (4) and § 36-1-116(f)(1) apply.
    Backlinks (1)
    
    36-1-116(k)(2)(A)
  2. (B) If another court has jurisdiction under a prior order because of such restrictions, upon completion of all proceedings to protect the child, the court shall then return all jurisdiction over the child to the court having jurisdiction under the prior order; provided, that the juvenile court shall maintain jurisdiction pursuant to title 37 to adjudicate allegations of delinquency, unruliness, or truancy involving the child.
  3. (C) If the child has no legal custodian with authority to provide temporary care for the child, then, subject to the restrictions of subdivisions (o)(2) and (4) and § 36-1-116(f)(1), the court shall give temporary legal custody pursuant to § 37-1-140 to the department or a licensed child-placing agency until full compliance has been effected and until a guardianship or partial guardianship order can be entered, or until some other disposition is made for the child by the court. The court may permit the department or a licensed child-placing agency, in its discretion, to place the child with any suitable person, including the prospective adoptive parents, under the department's or the licensed child-placing agency's supervision.
  4. (D) If an emergency ex parte order removes the child from the custody of the prospective adoptive parents or the department or licensed child-placing agency, a preliminary hearing shall be held within five (5) days, excluding Saturdays, Sundays, and legal holidays, to determine if probable cause exists for the continuance of such order.
2. (2) The prospective adoptive parents or entities from which the child was removed shall be necessary parties at the preliminary hearing and the final hearing, and the court may order the department or a licensed child-placing agency or licensed clinical social worker to provide any necessary information or court reports concerning the welfare of the child as it may require.
3. (3) A final hearing shall be held within thirty (30) days of the date of the preliminary hearing, except for good cause entered upon the record.
4. (4) Upon the final hearing, and based upon clear and convincing evidence that the action is in the best interests of the child, if no other court is presently exercising adoption jurisdiction, then the surrender court has jurisdiction to enter an order removing the child from the prospective adoptive parents or other custodian or guardian of the child, and may award temporary legal custody giving any person, the department, or licensed child-placing agency, or a child-caring agency, the care and custody of the child as provided under § 37-1-140, or may enter a guardianship or partial guardianship order with the rights provided under this part, all subject to the rights of any remaining parent or guardian.
(s)
1. (1) Notwithstanding any other law to the contrary, a waiver of interest and notice, when signed under oath by the alleged biological father, shall serve to waive the alleged biological father's interest in the child and the alleged biological father's rights to notice of any proceedings with respect to the child's adoption, custody or guardianship. The alleged biological father who executes the waiver shall not be required to be made a party to any adoption proceedings, custody or guardianship proceedings with respect to the child and shall not be entitled to receive notice thereof, and the court in any adoption proceeding, notwithstanding any law to the contrary, shall have jurisdiction to enter a final order of adoption of the child based upon the waiver, and in other proceedings to determine the child's legal custody or guardianship shall have jurisdiction to enter an order for those purposes. The waiver may not be revoked.
2. (2)
  1. (A) The execution of the waiver, in conjunction with a final order of adoption of the child, shall irrevocably terminate all rights the alleged biological father has or may have to the child and any rights the child has or may have relative to the alleged biological father. Upon entry of a final order of adoption of the child, the waiver, except as provided in subdivision (s)(2)(B), shall also terminate the responsibility of the alleged biological father for any future child support or other financial obligations to the child, or to the child's mother that are related to the child's support, arising after the date of the execution of the waiver.
  2. (B) If, after execution of the waiver, a final order of adoption is not entered, and a parentage action is initiated against the alleged biological father or the alleged biological father executes a voluntary acknowledgment of paternity, the alleged biological father shall become liable for child support or other financial obligations to the child, or to the child's mother that are related to the child's support, arising after the execution of the waiver and beginning with the date of the entry of an order establishing the biological father's parentage to the child or upon the date of the biological father's execution of a voluntary acknowledgment of paternity; provided, if paternity is later established, the alleged biological father who executed the waiver shall be liable for all or a portion of the actual medical and hospital expenses of the child's birth and all or a portion of the mother's prenatal and postnatal care up to thirty (30) days following the child's birth if the parentage action is initiated or the voluntary acknowledgment of paternity is executed within two (2) years of the date of the execution of the waiver.
3. (3) The waiver shall not be valid for use by a legal father as defined under § 36-1-102 or for any man listed as the father of a child on the child's birth certificate.
4. (4) The waiver of interest and notice may be executed at any time after the biological mother executes a statement identifying such person as the biological father or possible biological father of the biological mother's child to be born, or at any time after the birth of the child.
5. (5) The waiver of interest and notice shall be legally sufficient if it contains a statement comparable to the following:
Backlinks (1)
- 36-1-117(a)
(t)
1. (1) Notwithstanding any other law to the contrary, a denial of paternity and notice of a child, when signed under oath by the child's legal father claiming not to be the child's biological father, who is not the child's adoptive father, and when accompanied by credible proof that the legal father is not the father of the child, shall waive the legal father's parental rights and all parental interests with respect to the child. No further notice to the legal father or termination of the legal father's parental rights is necessary for the child to be placed in guardianship or adopted. “Credible proof” includes the written sworn statement of the child's mother.
2. (2) The parental rights of a man denying paternity of a child are terminated and the man's future parental responsibilities with respect to the child are terminated upon adoption of the child by other persons.
3. (3) The denial of paternity and notice shall not be valid for use by a legal father who is also a biological parent as defined in § 36-1-102.
4. (4) A denial of paternity and notice under this section may be executed at any time after conception of the child who is the subject of the denial, and may not be revoked by the father unless the adoption plan is abandoned. A father who executes a denial of paternity and notice under this section relinquishes any right to petition to have the father's legal or biological relationship to the child determined by a court.
5. (5) The denial of paternity and notice shall be legally sufficient if it contains a statement comparable to the following:
  1. DENIAL OF PATERNITY AND NOTICE BY A LEGAL FATHER
  2. STATE OF
  3. COUNTY OF
6. Pursuant to Tennessee Code Annotated § 36-1-111(t), and first being duly sworn according to law, affiant would state the following:
  1. My name is . I am personally acquainted with , the biological mother of , a child [to be born], or a child [who was born] in (City) (State) on the day of , 20 .
  2. I am or I have been told that I am or may be the presumed and/or legal father of the above-named child.
  4. I AM CERTAIN THAT I AM NOT THE BIOLOGICAL FATHER OF THIS CHILD.
  6. I understand that the mother has placed or wishes to place this child for adoption, or that the child is the subject of legal proceedings leading to the child's adoption, or leading to a determination of the child's legal custody or guardianship. I do not want custody of this child. I either agree with an adoption plan or I do not wish to be involved in the decision.
  8. I HEREBY WAIVE MY PARENTAL RIGHTS TO THIS CHILD, IF I HAVE ANY RIGHTS, AND I WANT MY PARENTAL RIGHTS, IF ANY, TO BE TERMINATED WITHOUT FURTHER ACTION BY, OR NOTICE TO, ME.
  10. I formally waive my rights to notice of legal proceedings regarding the child including: adoption, custody, guardianship, and termination of other parents' rights and any other similar actions.
  12. I understand that by my execution of this Denial of Paternity and Notice, along with the finalization of the child's adoption, I will lose any right I may have to act as parent, to visit with, or otherwise be involved in this child's life. I also relinquish any right to petition to have my legal and biological relationship to this child determined by a court.
  14. I FURTHER UNDERSTAND THAT I MAY NOT REVOKE THIS DENIAL AT ANY TIME AFTER I SIGN IT.
  16. I also understand that while this denial is not revocable, it is not effective to terminate my parental rights or responsibilities unless or until an adoption of the child is finalized. If the adoption is not finalized, I understand that I retain any rights that I otherwise had to rebut a presumption that I am the father of the child.
  18. FURTHER AFFIANT SAITH NOT this DAY OF , 20.
  21. Legal Father (Please Print)
  24. Signature of Legal Father
  27. Address
  30. City, State, Zip Code
  32. Personally appeared before me the above-named , who is known to me and who acknowledged that he executed the above Denial of Paternity and Notice as his own free and voluntary act.
Backlinks (1)
- 36-1-111(t)
(u)
1. (1) If a child is surrendered to a person other than a licensed child-placing agency or the department, and, after the expiration of the three-day period for revocation, the person or persons to whom the child was surrendered decide that they no longer wish to adopt the child, and if no order of guardianship has been entered by a court that gives those persons who had received the surrender the guardianship of the child, they may surrender the child to a licensed child-placing agency or the department without notice to the parent or guardians who originally had executed the surrender to them.
2. (2) In this event, the licensed child-placing agency or the department shall have the same rights as set forth above just as if the child had been originally surrendered to them; provided, that if the court has entered a guardianship order as set forth above, the surrender cannot be utilized in this manner, and a motion must be made to the court to modify the existing guardianship order.
3. (3) Certified copies of all such surrenders and orders modifying any order of guardianship shall be sent by the clerk to the adoptions unit in the state office of the department in Nashville.

Backlinks (12)

History (18)

Acts 1995, ch. 532, § 1
1996, ch. 1054, §§ 21-39, 106-110
1998, ch. 1098, § 3
2000, ch. 922, § 3
2003, ch. 231, § 7
2005, ch. 409, § 1
2010, ch. 915, § 1
2015, ch. 113, § 4
2016, ch. 636, § 1
2016, ch. 919, §§ 3-5
2018, ch. 875, §§ 21-31, 37
2019, ch. 36, §§ 1, 2, 5-17
2021, ch. 101, § 4
2022, ch. 937, § 11
2023, ch. 187, §§ 3-6
2023, ch. 263, § 2
2023, ch. 363, §§ 2, 8
2024, ch. 996, §§ 7, 8.

§ 36-1-112. Revocation of surrender or parental consent — Form.

(a)
1. (1)
  1. (A) A person who executed a surrender may revoke the surrender at any time within three (3) calendar days of the date of the surrender. The three-day period shall be calculated using the method for computation of time established in the Tennessee Rules of Civil Procedure Rule 6.01.
  2. (B) The surrender shall be revoked by appearing before the judge who accepted the surrender or that judge's successor or substitute, or another judge of a court with jurisdiction to accept a surrender in the absence of the judge who accepted the surrender or that judge's successor or substitute, or by appearing before the person, or that person's successor, pursuant to § 36-1-111(g), (h) or (i) before whom the surrender was executed and by executing the revocation of surrender form.
  3. (C) The three-day period for revocation of the surrender shall not limit the court's authority to order the revocation of the surrender pursuant to § 36-1-118.
  4. (D) The revocation of the surrender shall be executed under oath by the parent or guardian who executed the surrender of the child, and the judge or other person who accepted the surrender or the judge's successor or substitute as indicated in subdivision (a)(1)(B) shall sign and date the revocation form.
  5. (E) In the event the person under § 36-1-111(g), (h) or (i) is unavailable or has no authorized successor, the person may apply to a court that is qualified to receive a surrender in Tennessee or a court with domestic relations jurisdiction in another state or country to execute the revocation before a judge of that court as provided herein.
  6. (F)
    1. (i) No surrender may be revoked by the person surrendering the child or set aside by a court after the expiration of the three-day period except as the surrender may be invalidated by court order entered pursuant to a timely filed complaint filed pursuant to subsection (c) or as permitted by order of the court entered pursuant to § 36-1-118.
    2. (ii) The execution of a revocation of a surrender within the three-day period shall be grounds for the dismissal of any adoption petition filed during that period and, upon motion of the person who revoked the surrender, the court shall dismiss the adoption petition without prejudice.
2. (2)
  1. (A) A parental consent may be revoked at any time prior to the entry of an order of confirmation of the parental consent by the court.
  2. (B) The parent who executed the parental consent shall appear before the judge of the court in which the adoption petition is filed, or in the judge's absence, the judge's successor or substitute or, if no successor or substitute, any judge or a court with jurisdiction to adjudicate adoption petitions, and shall execute a revocation of the parental consent.
(b)
1. (1) The court or person receiving the revocations shall maintain the originals in the office of the clerk or the office of the person receiving the surrender, together with the original of the surrender or adoption petition containing the parental consent, if available, and shall personally give or shall send by certified mail, return receipt requested, certified copies of the revocations to the child's parents, the prospective adoptive parents, the local office of the department, or a licensed child-placing agency to whom the child had been surrendered, and if the prospective adoptive parents are represented by counsel, a certified copy of the revocation shall be forwarded to such counsel.
2. (2)
  1. (A) When the revocation is received, the court or the person before whom the revocation was executed shall attach a certified copy of the revocation to a certified copy of the surrender or petition for adoption containing the parental consent, and shall within three (3) days mail the copies of both documents by certified mail, return receipt requested, to the adoptions unit in the state office of the department in Nashville.
  2. (B) If the revocation must be executed before a court or person before whom the surrender was not executed or in which the adoption petition was not filed, the original of the revocation shall be sent within three (3) days to the court or person before whom the surrender was executed or in which the adoption petition was filed, and that court or person shall be responsible for sending the forms to the department and to the persons or agencies who are entitled to copies of the revocation.
  3. (C) The department shall record the revocation with the copies of the surrender or adoption petition containing the parental consent and the order of guardianship for purposes of tracking the adoptive placement status of the child.
(c) After the revocation period has expired or after the court has entered an order confirming a parental consent, no surrender or waiver of interest or parental consent shall be set aside by a court except upon clear and convincing evidence of duress, fraud, intentional misrepresentation or for invalidity under § 36-1-111(d), and no surrender, waiver of interest, or parental consent may be set aside for any reason under this part unless the action based on these grounds is initiated within thirty (30) days of the execution of the surrender, waiver of interest or within thirty (30) days of the date of entry of the order of confirmation of the parental consent.
(d)
1. (1) A surrender or parental consent that is revoked shall have the effect of returning the child's legal status to that which existed before the surrender was executed, and the department, a licensed child-placing agency, or the person who or that had custody or guardianship of the child prior to the surrender pursuant to any parental status, prior court order or statutory authorization shall continue or resume custody or guardianship under that prior parental status, prior court order, or statutory authority, that had established the custodial or guardianship status of the child prior to the execution of the surrender or parental consent, unless a court of competent jurisdiction shall otherwise determine as specifically provided herein.
2. (2)
  1. (A) Unless they had received or maintained custody or guardianship of the child pursuant to a court order entered or pursuant to statutory authority prior to the execution of the surrender or parental consent, the department, the licensed child-placing agency, or the person or persons to whom the child was surrendered and who has physical custody of the child, shall, within five (5) days of the receipt by such department, agency or person of the revocation, return the child to the child's parents or guardian who executed and revoked the surrender or parental consent; provided, that a sworn complaint may be filed in the court where the revocation was executed, or in the event that the surrender was executed before a person or court pursuant to § 36-1-111(g), (h) or (i), in the chancery, circuit, or juvenile court where the child resides in Tennessee, to show cause why the child would likely suffer immediate harm to the child's health and safety if returned to the child's parent or parents or guardian who had executed the surrender.
  2. (B) If a complaint is filed pursuant to subdivision (d)(2)(A), the child shall remain in the physical and/or legal custody or guardianship of the persons or agencies to whom the child was surrendered or with respect to whom the parental consent was executed until the court makes any further orders pursuant to this section, and those persons or agencies shall have authority to provide any necessary care and supervision of the child, subject to further orders of the court.
  3. (C)
    1. (i) The complaint filed under this subdivision (d)(2) shall name the parent or parents or guardian or guardians who executed and revoked the surrender or parental consent as defendant or defendants. Except for cause shown in an order entered on the record, the court shall hold a preliminary hearing within three (3) days of the filing of the petition to determine if there is probable cause to believe that the child will be subject to immediate harm to the child's health or safety if the child is returned to the child's parent or parents or guardian or guardians.
    2. (ii) If probable cause is not established in the preliminary hearing, the child shall be immediately returned to the child's parent or parents or guardian who executed the surrender that has been revoked.
    3. (iii) If probable cause is established, the court shall continue the child in the custody of the persons or the agency to whom the child was surrendered or with respect to whom a parental consent was executed, subject to further orders of the court, pending the final hearing.
    4. (iv) The court may make any necessary orders pending the final hearing for the protection of the child.
  4. (D) The case shall be set for a final hearing on the merits within thirty (30) days of the preliminary hearing except for cause shown in a written order of the court entered on the record.
  5. (E) Unless clear and convincing evidence at the final hearing shows that the child's safety and health would be in immediate danger if the child is returned or remains in the custody of the parent or guardian who executed the surrender or filed the parental consent, the complaint shall be dismissed. If the child was not returned to the parent at the preliminary hearing, the child shall be immediately returned to the child's parent or guardian who had executed the surrender or filed the parental consent.
3. (3)
  1. (A) If no complaint is filed pursuant to subdivision (d)(2), the court where the surrender or parental consent was revoked shall enter any orders that are necessary to effect the return of the child to the parent or parents or guardian who had custody of the child prior to the execution of the surrender or prior to filing the parental consent, unless another person, the department, or a licensed child-placing agency had custody or guardianship of the child under a prior order entered before the execution of the surrender or filing of the parental consent, or that had custody or guardianship under statutory authorization prior to the execution of the surrender or parental consent that was revoked by that parent.
  2. (B) The court in which a surrender, revocation or parental consent is given or filed, or adoption court may not modify any prior custody or guardianship order that had given custody or guardianship of the child to the department, a licensed child-placing agency, or another person under a prior order or pursuant to any statutory authorization prior to the surrender or the filing of the parental consent, and if such order or statutory authority exists, the court's jurisdiction over the child shall terminate after the execution of the revocation of the surrender or parental consent, and the prior parental status, prior court order or prior statutory authority shall continue in effect; provided, that if for any reason, the agencies or persons who had prior custody or guardianship of the child are unable or unwilling to resume custody of the child, the court receiving the revocation shall be authorized to make a custody determination and award temporary custody of the child to any suitable person, the department, or a licensed child-placing agency with custodial authority pursuant to § 36-1-140, or it may make an order of guardianship or partial guardianship pursuant to § 36-1-102, with the right to adopt or consent to the child's adoption.
4. (4) In the event that the surrender was executed before a person or court under § 36-1-111(g), (h) or (i), the chancery, circuit or juvenile court where the surrender was filed pursuant to § 36-1-111(n), or in the county where the child resides in Tennessee if the surrender has not been filed, shall have jurisdiction to enter orders in compliance with this subsection (d) to effect the child's return to the child's parent or parents or guardian or to provide for the child's custody or guardianship as permitted herein.
(e) If the child is not returned to the child's parent or parents or guardian pursuant to subdivision (d)(2)(E), and unless the department, a licensed child-placing agency, or another person to whom the child was surrendered or to whom a parental consent was executed had custody or guardianship of the child pursuant to a court order entered prior to the filing of the surrender or the parental consent or pursuant to statutory authorization prior to the execution of the surrender or parental consent, the court where the revocation was executed shall have jurisdiction following a revocation of the surrender or parental consent to award temporary custody to any appropriate person, the department, or any other licensed child care agency, with the authority as legal custodian pursuant to § 37-1-140, or the court may award guardianship or partial guardianship pursuant to § 36-1-102 with the right to adopt or consent to the child's adoption.
(f) The department or a licensed child-placing agency or licensed clinical social worker shall have the right to intervene in any complaint filed pursuant to subdivision (d)(2)(A) for the purpose of introducing proof as to the child's health and safety.
(g) The court may reduce the three-day revocation period to a twenty-four-hour revocation period if the birth parent is represented by an attorney who is licensed to practice law in this state.

Backlinks (2)

History (14)

Acts 1951, ch. 202, § 11 (Williams, § 9572.25)
1959, ch. 223, § 6
impl. am. Acts 1975, ch. 219, § 1
T.C.A. (orig. ed.), § 36-117
Acts 1986, ch. 767, § 7
1993, ch. 124, § 3, 4
T.C.A., § 36-1-117
Acts 1995, ch. 532, § 1
1996, ch. 1054, §§ 40, 111
2000, ch. 981, § 51
2015, ch. 113, §§ 1-3
2016, ch. 919, § 6
2018, ch. 875, § 33
2023, ch. 263, § 3.

§ 36-1-113. Termination of parental or guardianship rights.

(a) The chancery and circuit courts shall have concurrent jurisdiction with the juvenile court to terminate parental or guardianship rights to a child in a separate proceeding, or as a part of the adoption proceeding by utilizing any grounds for termination of parental or guardianship rights permitted in this part or in title 37, chapter 1, part 1 and title 37, chapter 2, part 4. All pleadings and records filed in the chancery and circuit courts pursuant to this section shall be placed under seal and shall not be subject to public disclosure, in the same manner as those filed in juvenile court, unless otherwise provided by court order.
(b)
1. (1) The prospective adoptive parent or parents, including extended family members caring for a related child, a licensed child-placing agency having physical custody of the child, the child's guardian ad litem, or the department have standing to file a petition pursuant to this part or title 37 to terminate parental or guardianship rights of a person alleged to be a parent or guardian of the child, pursuant to § 36-1-117(a). The prospective adoptive parents, including extended family members caring for a related child, have standing to request termination of parental or guardianship rights in the adoption petition filed by them pursuant to this part.
2. (2)
  1. (A) When one (1) of the child's parents has been convicted of aggravated rape pursuant to § 39-13-502, rape pursuant to § 39-13-503, or rape of a child pursuant to § 39-13-522, from which crime the child was conceived, the child's other parent has standing to file a petition to terminate the parental rights of the convicted parent.
  2. (B) When one (1) of the child's parents has been convicted of one (1) of the offenses specified in subdivision (g)(11)(A)(ii), the child's other parent has standing to file a petition to terminate the parental rights of the abusive parent.
  3. (C) When one (1) of the child's parents or legal guardians has been convicted of attempted first degree murder or attempted second degree murder of the child's other parent or legal guardian, the child's non-offending parent or legal guardian has standing to file a petition to terminate the parental or guardianship rights of the convicted parent or legal guardian.
3. (3) This section does not give a parent or legal guardian standing to file a petition to terminate parental or guardianship rights based on grounds other than those listed in subdivision (b)(2).
4. (4) The court shall notify the petitioning parent that the duty of future child support by the parent who is the subject of the termination petition will be forever terminated by entry of an order terminating parental rights.
(c) Termination of parental or guardianship rights must be based upon:
1. (1) A finding by the court by clear and convincing evidence that the grounds for termination of parental or guardianship rights have been established; and
2. (2) That termination of the parent's or guardian's rights is in the best interests of the child.
(d)
1. (1) The petition to terminate parental rights may be made upon information and belief and shall be verified. If a parent whose parental rights are proposed for termination is the legal parent of the child, as defined in § 36-1-102, and if such parent is alleged to be deceased, then diligent efforts must be made by the petitioner to verify the death of such parent. Upon proof satisfactory to the court that such parent is deceased, no further action shall be required to terminate parental rights of that person.
2. (2)
  1. (A) The petition to terminate parental rights shall state:
    1. (i) The child's birth name;
    2. (ii) The child's age or date of birth;
    3. (iii) The child's current residence address or county of residence or that the child is in the custody of the department or a licensed child-placing agency;
    4. (iv) Any other facts that allege the basis for termination of parental rights and that bring the child and parties within the jurisdiction of the court;
    5. (v) Any notice required pursuant to subdivision (d)(4) has been given; and
    6. (vi) The medical and social history of the child and the child's biological family has been completed to the extent possible on the form promulgated by the department pursuant to § 36-1-111(j); provided, however, the absence of such completed information shall not be a barrier to termination of parental rights.
  2. (B) Initials or pseudonyms may be used in the petition in lieu of the full names of the petitioners to promote the safety of the petitioners or of the child, with permission of the court;
3. (3)
  1. (A) The petition to terminate parental rights must state that:
    1. (i) The Tennessee putative father registry has been consulted prior to the filing of the petition or will be consulted within ten (10) working days thereafter unless the biological father has been identified through DNA testing as described in § 24-7-112 and that identification is set out in the petition; and a copy of the response to this inquiry shall be provided to the court immediately upon receipt by the petitioner; and
    2. (ii) Notice of the filing of the termination petition has been provided to the Tennessee putative father registry if the child is less than thirty (30) days old at the time the petition is filed.
    Backlinks (1)
    
    36-1-102(45)(A)
  2. (B) The petition to terminate, or the adoption petition that seeks to terminate parental rights, shall state that:
    1. (i) The petition or request for termination in the adoption petition, if granted, shall have the effect of forever severing all of the rights, responsibilities, and obligations of the parent or parents or the guardian or guardians to the child who is the subject of the order, and of the child to the parent or parents or the guardian or guardians;
    2. (ii) The child will be placed in the guardianship of other person, persons or public or private agencies who, or that, as the case may be, shall have the right to adopt the child, or to place the child for adoption and to consent to the child's adoption; and
    3. (iii) The parent or guardian shall have no further right to notice of proceedings for the adoption of the child by other persons and that the parent or guardian shall have no right to object to the child's adoption or thereafter, at any time, to have any relationship, legal or otherwise, with the child, except as provided by contract pursuant to § 36-1-145.
4. (4) The petition to terminate parental rights, if filed separately from the adoption petition, may be filed as provided in § 36-1-114. If the petition is filed in a court different from the court where there is a pending custody, dependency, neglect or abuse proceeding concerning a person whose parental rights are sought to be terminated in the petition, a notice of the filing of the petition, together with a copy of the petition, shall be sent by the petitioner to the court where the prior proceeding is pending. In addition, the petitioner filing a petition under this section shall comply with the requirements of § 36-1-117(e).
(e) Service of process of the petition shall be made as provided in § 36-1-117.
(f)
1. (1) A parent or guardian who is incarcerated at the time the parent is served with a petition to terminate parental rights shall receive notice that:
  1. (A) A hearing will be held to determine whether the parent's rights will be terminated;
  2. (B) If the parent files a timely, written answer within thirty (30) days of service of the petition to terminate their parental rights, then:
    1. (i) The parent must receive advance notice of the time and place of the hearing;
    2. (ii) The parent has the right to participate in the hearing and to contest the allegation that the parent's rights should be terminated. At the discretion of the court, such participation may be achieved through personal appearance, teleconference, telecommunication, or other means deemed by the court to be appropriate under the circumstances;
    3. (iii) The parent may claim to be indigent and offer evidence of their financial circumstances and, if the court finds the parent to be indigent, the parent must be provided with a court-appointed attorney to assist the parent in contesting the termination of parental rights;
    4. (iv) The parent has the right to offer testimony and other evidence at the hearing by all means permitted by the Tennessee Rules of Civil Procedure; and
    5. (v) The parent has the continuing responsibility to update the court and petitioner's counsel with the parent's current contact information and mailing address promptly upon the parent's release from incarceration and upon any subsequent changes; and
  3. (C) The rights specified in subdivision (f)(1)(B) may be voluntarily waived by the parent's written or verbal statement or, if the court determines that the parent has waived the rights specified in subdivision (f)(1)(B), by the parent's action or inaction, including the failure to timely claim indigency or file an answer to the petition to terminate parental rights. If the court determines that the rights specified in subdivision (f)(1)(B) have been waived, then the court may hear and decide the petition without the parent's or guardian's participation.
2. (2) If a parent or guardian was served with constructive notice and the petitioner did not know that the parent was incarcerated despite reasonable efforts to locate the parent, then the absence of this notice to the parent or guardian is not a basis to set aside the termination of parental rights or adoption.
(g) Initiation of termination of parental or guardianship rights may be based upon any of the grounds listed in this subsection (g). The following grounds are cumulative and nonexclusive, so that listing conditions, acts or omissions in one ground does not prevent them from coming within another ground:
1. (1) Abandonment by the parent or guardian, as defined in § 36-1-102, has occurred;
2. (2) There has been substantial noncompliance by the parent or guardian with the statement of responsibilities in a permanency plan pursuant to title 37, chapter 2, part 4;
3. (3)
  1. (A) The child has been removed from the home or the physical or legal custody of a parent or guardian for a period of six (6) months by a court order entered at any stage of proceedings in which a child is alleged to be a dependent and neglected child, and:
    1. (i) The conditions that led to the child's removal still persist, preventing the child's safe return to the care of the parent or guardian, or other conditions exist that, in all reasonable probability, would cause the child to be subjected to further abuse or neglect, preventing the child's safe return to the care of the parent or guardian;
    2. (ii) There is little likelihood that these conditions will be remedied at an early date so that the child can be safely returned to the parent or guardian in the near future; and
    3. (iii) The continuation of the parent or guardian and child relationship greatly diminishes the child's chances of early integration into a safe, stable, and permanent home;
  2. (B) The six (6) months must accrue on or before the first date the termination of parental rights petition is set to be heard;
4. (4) Under a prior order of a court or by the court hearing the petition to terminate parental rights or the petition for adoption, a child has been found to be a victim of severe child abuse, as defined in § 37-1-102, and the parent or guardian has been found to have knowingly or with gross negligence either committed severe child abuse or failed to protect the child from severe child abuse.
5. (5) The parent or guardian has been sentenced to more than two (2) years' imprisonment for conduct against a child that has been found under any prior order of a court or that is found by the court hearing the petition to be severe child abuse, as defined in § 37-1-102. Unless otherwise stated, for purposes of this subdivision (g)(5), “sentenced” shall not be construed to mean that the parent or guardian must have actually served more than two (2) years in confinement, but shall only be construed to mean that the court had imposed a sentence of more than two (2) years upon the parent or guardian;
6. (6)
  1. (A) The parent has been confined in a correctional or detention facility of any type, by order of the court as a result of a criminal act, under a sentence of ten (10) or more years, and the child is under eight (8) years of age at the time the sentence is entered by the court; or
  2. (B) The parent has been confined in a correctional or detention facility of any type, by order of the court as a result of one (1) or more criminal acts, under a sentence of six (6) or more years, and one (1) or more other grounds within this subsection (g) have been satisfied;
7. (7) The parent has been:
  1. (A) Convicted of first degree or second degree murder of the child's other parent or legal guardian; or
  2. (B) Found civilly liable for the intentional and wrongful death of the child's other parent or legal guardian;
8. (8)
  1. (A) The chancery and circuit courts shall have jurisdiction in an adoption proceeding, and the chancery, circuit, and juvenile courts shall have jurisdiction in a separate, independent proceeding conducted prior to an adoption proceeding to determine if the parent or guardian is mentally incompetent to provide for the further care and supervision of the child, and to terminate that parent's or guardian's rights to the child;
  2. (B) The court may terminate the parental or guardianship rights of that person if it determines on the basis of clear and convincing evidence that:
    1. (i) The parent or guardian of the child is incompetent to adequately provide for the further care and supervision of the child because the parent's or guardian's mental condition is presently so impaired and is so likely to remain so that it is unlikely that the parent or guardian will be able to assume or resume the care of and responsibility for the child in the near future; and
    2. (ii) That termination of parental or guardian rights is in the best interest of the child;
  3. (C) In the circumstances described under subdivisions (8)(A) and (B), no willfulness in the failure of the parent or guardian to establish the parent's or guardian's ability to care for the child need be shown to establish that the parental or guardianship rights should be terminated;
9. (9)
  1. (A) Initiation of termination of parental or guardianship rights may be based upon any of the grounds listed in this subsection (g). The parental rights of a person who is not a legal parent at the time of the filing of a petition to terminate parental rights of such person, or if no such petition is filed, then at the time of the filing of a petition to adopt a child, is the putative father of the child, may also be terminated based upon any one (1) or more of the following additional grounds:
    1. (i) The person has failed, without good cause or excuse, to make reasonable and consistent payments for the support of the child in accordance with the child support guidelines promulgated by the department pursuant to § 36-5-101;
    2. (ii) The person has failed to seek reasonable visitation with the child, and if visitation has been granted, has failed to visit altogether, or has engaged in only token visitation, as defined in § 36-1-102;
    3. (iii) The person has failed to manifest an ability and willingness to assume legal and physical custody of the child;
    4. (iv) Placing custody of the child in the person's legal and physical custody would pose a risk of substantial harm to the physical or psychological welfare of the child; or
    5. (v) The person has failed to file a petition to establish paternity of the child within thirty (30) days after notice of alleged paternity, or as required in § 36-2-318(j), or after making a claim of paternity pursuant to § 36-1-117(c)(2);
      Backlinks (1)
      
      36-2-318(j)
  2. (B)
    1. (i) For purposes of this subdivision (g)(9), “notice” means the written statement to a person who is believed to be the biological father or possible biological father of the child. The notice may be made or given by the mother, the department, a licensed child-placing agency, the prospective adoptive parents, a physical custodian of the child, or the legal counsel of any of these people or entities; provided, that actual notice of alleged paternity may be proven to have been given to a person by any means and by any person or entity. The notice may be made or given at any time after the child is conceived and, if not sooner, may include actual notice of a petition to terminate the putative father's parental rights with respect to the child;
    2. (ii) “Notice” also means the oral statement to an alleged biological father from a biological mother that the alleged biological father is believed to be the biological father, or possible biological father, of the biological mother's child;
  3. (C) For the purposes of this subdivision (g)(9), resuming or starting visitation or support after the filing of a petition seeking to terminate parental or guardianship rights or seeking the adoption of a child does not rectify a ground for termination pursuant to this subdivision (g)(9) and is not a defense to a ground for termination pursuant to this subdivision (g)(9);
10. (10)
  1. (A) The parent has been convicted of one (1) of the following offenses from which the child was conceived:
    1. (i) Aggravated rape, pursuant to § 39-13-502;
    2. (ii) Rape, pursuant to § 39-13-503;
    3. (iii) Rape of a child, pursuant to § 39-13-522;
    4. (iv) Especially aggravated rape, pursuant to § 39-13-534; or
    5. (v) Especially aggravated rape of a child, pursuant to § 39-13-535; and
  2. (B) A certified copy of the conviction suffices to prove this ground;
11. (11)
  1. (A)
    1. (i) The parent has been found to have committed severe child sexual abuse under any prior order of a criminal court;
    2. (ii) For the purposes of this section, “severe child sexual abuse” means the parent is convicted of any of the following offenses, or an offense under the laws of another state that is substantially similar, toward a child:
      1. (a) Aggravated child abuse and aggravated child neglect or endangerment, pursuant to § 39-15-402;
      2. (b) Aggravated rape of a child, pursuant to § 39-13-531;
      3. (c) Aggravated rape, pursuant to § 39-13-502;
      4. (d) Aggravated sexual battery, pursuant to § 39-13-504;
      5. (e) Aggravated sexual exploitation of a minor, pursuant to § 39-17-1004;
      6. (f) Especially aggravated sexual exploitation of a minor, pursuant to § 39-17-1005;
      7. (g) Incest, pursuant to § 39-15-302;
      8. (h) Promoting prostitution, pursuant to § 39-13-515;
      9. (i) Rape, pursuant to § 39-13-503;
      10. (j) Rape of a child, pursuant to § 39-13-522;
      11. (k) Sexual battery by an authority figure, pursuant to § 39-13-527;
      12. (l) Statutory rape by an authority figure, pursuant to § 39-13-532; or
      13. (m) Trafficking for a commercial sex act, pursuant to § 39-13-309;
  2. (B) [Deleted by 2022 amendment.]
  Backlinks (2)
  
  36-6-101(a)(2)(A)(v)
  36-6-112(c)(2)
12. (12) The parent or guardian has been convicted of trafficking for commercial sex act under § 39-13-309, or an offense under the laws of another state that is substantially similar;
13. (13) The parent or guardian has been convicted on or after July 1, 2015, of sex trafficking of children or by force, fraud, or coercion under 18 U.S.C. § 1591, or a sex trafficking of children offense under the laws of another state that is substantially similar to § 39-13-309;
14. (14) A parent or guardian has failed to manifest, by act or omission, an ability and willingness to personally assume legal and physical custody or financial responsibility of the child, and placing the child in the person's legal and physical custody would pose a risk of substantial harm to the physical or psychological welfare of the child;
15. (15)
  1. (A) The parent or legal guardian has been convicted of attempted first degree murder or attempted second degree murder of the child's other parent or legal guardian; and
  2. (B) [Deleted by 2022 amendment.]
16. (16) The court hearing the petition for termination of parental rights finds by clear and convincing evidence that:
  1. (A) The father engaged in an act of unlawful sexual penetration against the child's mother by which the child was conceived and the father:
    1. (i) Used force or coercion to accomplish the act;
    2. (ii) Accomplished the act without the consent of the mother of the child and the father knew or had reason to know at the time of penetration that the mother of the child did not consent;
    3. (iii) Knew or had reason to know that the mother of the child was mentally defective, mentally incapacitated, physically helpless, or a vulnerable adult; or
    4. (iv) Accomplished the sexual penetration by fraud; or
  2. (B) The father engaged in an act against the child's mother that resulted in:
    1. (i) The child's conception; and
    2. (ii) The father's conviction for or plea of guilty to a criminal offense.
(h)
1. (1) The department shall file a petition to terminate the parental rights of the child's parents (or, if such a petition has been filed by another party, seek to be joined as a party to the petition), and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption, under the following circumstances:
  1. (A) In the case of a child who has been in foster care under the responsibility of the department for fifteen (15) of the most recent twenty-two (22) months;
  2. (B) If a court of competent jurisdiction has determined a child to be an abandoned infant as defined at § 36-1-102;
  3. (C) If a court of competent jurisdiction has made a determination in a criminal or civil proceeding that the parent has committed murder of a child, committed voluntary manslaughter of a child, aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter of a child, or committed a felony assault that has resulted in serious bodily injury or severe child abuse as defined at § 37-1-102 to a child. For the purposes of this subsection (h), such a determination shall be made by a jury or trial court judge designated by § 16-2-502 through an explicit finding, or by such equivalent courts of other states or of the United States;
  4. (D) If a juvenile court has made a finding of severe child abuse as defined in § 37-1-102, then a petition required by this subdivision (h)(1)(D) must be filed within ninety (90) days of the finding;
  5. (E) If a child has been in foster care under the responsibility of the department for six (6) months or more and the child's parents have not made reasonable progress toward obtaining custody of the child during the six-month period;
  6. (F) If two (2) or more of the grounds for termination of parental rights set out in subsection (g) apply to the child's parent; or
  7. (G) If a juvenile court has found there has been substantial noncompliance by the parent or guardian with a statement of responsibilities in a permanency plan in an order entered pursuant to § 37-2-409. The department must file a petition required by this subdivision (h)(1)(G) within ninety (90) days of the juvenile court's finding.
2. (2) At the option of the department, the department may determine that a petition to terminate the parental rights of the child's parents shall not be filed (or, if such a petition has been filed by another party, shall not be required to seek to be joined as a party to the petition), if one of the following exists:
  1. (A) The child is being cared for by a relative;
  2. (B) The department has documented in the permanency plan, which shall be available for court review, a compelling reason for determining that filing such a petition would not be in the best interests of the child; or
  3. (C) The department has not made reasonable efforts under § 37-1-166 to provide to the family of the child, consistent with the time period in the department permanency plan, such services as the department deems necessary for the safe return of the child to the child's home.
(i)
1. (1) In determining whether termination of parental or guardianship rights is in the best interest of the child, the court shall consider all relevant and child-centered factors applicable to the particular case before the court. Those factors may include, but are not limited to, the following:
  1. (A) The effect a termination of parental rights will have on the child's critical need for stability and continuity of placement throughout the child's minority;
  2. (B) The effect a change of caretakers and physical environment is likely to have on the child's emotional, psychological, and medical condition;
  3. (C) Whether the parent has demonstrated continuity and stability in meeting the child's basic material, educational, housing, and safety needs;
  4. (D) Whether the parent and child have a secure and healthy parental attachment, and if not, whether there is a reasonable expectation that the parent can create such attachment;
  5. (E) Whether the parent has maintained regular visitation or other contact with the child and used the visitation or other contact to cultivate a positive relationship with the child;
  6. (F) Whether the child is fearful of living in the parent's home;
  7. (G) Whether the parent, parent's home, or others in the parent's household trigger or exacerbate the child's experience of trauma or post-traumatic symptoms;
  8. (H) Whether the child has created a healthy parental attachment with another person or persons in the absence of the parent;
  9. (I) Whether the child has emotionally significant relationships with persons other than parents and caregivers, including biological or foster siblings, and the likely impact of various available outcomes on these relationships and the child's access to information about the child's heritage;
  10. (J) Whether the parent has demonstrated such a lasting adjustment of circumstances, conduct, or conditions to make it safe and beneficial for the child to be in the home of the parent, including consideration of whether there is criminal activity in the home or by the parent, or the use of alcohol, controlled substances, or controlled substance analogues which may render the parent unable to consistently care for the child in a safe and stable manner;
  11. (K) Whether the parent has taken advantage of available programs, services, or community resources to assist in making a lasting adjustment of circumstances, conduct, or conditions;
  12. (L) Whether the department has made reasonable efforts to assist the parent in making a lasting adjustment in cases where the child is in the custody of the department;
  13. (M) Whether the parent has demonstrated a sense of urgency in establishing paternity of the child, seeking custody of the child, or addressing the circumstance, conduct, or conditions that made an award of custody unsafe and not in the child's best interest;
  14. (N) Whether the parent, or other person residing with or frequenting the home of the parent, has shown brutality or physical, sexual, emotional, or psychological abuse or neglect toward the child or any other child or adult;
  15. (O) Whether the parent has ever provided safe and stable care for the child or any other child;
  16. (P) Whether the parent has demonstrated an understanding of the basic and specific needs required for the child to thrive;
  17. (Q) Whether the parent has demonstrated the ability and commitment to creating and maintaining a home that meets the child's basic and specific needs and in which the child can thrive;
  18. (R) Whether the physical environment of the parent's home is healthy and safe for the child;
  19. (S) Whether the parent has consistently provided more than token financial support for the child; and
  20. (T) Whether the mental or emotional fitness of the parent would be detrimental to the child or prevent the parent from consistently and effectively providing safe and stable care and supervision of the child.
2. (2) When considering the factors set forth in subdivision (i)(1), the prompt and permanent placement of the child in a safe environment is presumed to be in the child's best interest.
3. (3) All factors considered by the court to be applicable to a particular case must be identified and supported by specific findings of fact in the court's written order.
4. (4) Expert testimony is not required to prove or disprove any factor by any party.
5. (5) As used in this subsection (i), “parent” includes guardian.
(j) In the hearing on the petition, the circuit, chancery, or juvenile court shall admit evidence, pursuant to the Tennessee Rules of Evidence, and shall recognize the exemptions to privileges as provided pursuant to §§ 37-1-411 and 37-1-614.
(k) The court shall ensure that the hearing on the petition takes place within six (6) months of the date that the petition is filed, unless the court determines an extension is in the best interest of the child. The court shall provide a ruling on the petition within thirty (30) days of the conclusion of the hearing and shall enter an order that makes specific findings of fact and conclusions of law within thirty (30) days of the ruling. If an order has not been entered within thirty (30) days from the court's ruling, then the petitioner or respondent has grounds to request that the court of appeals grant an order expediting entry of the order. A termination of parental rights and a finalization of an adoption may be heard and decided in the same hearing if the court determines it is in the best interest of the child.
(l)
1. (1) An order terminating parental rights shall have the effect of severing forever all legal rights and obligations of the parent or guardian of the child against whom the order of termination is entered and of the child who is the subject of the petition to that parent or guardian. The parent or guardian shall have no further right to notice of proceedings for the adoption of that child by other persons and shall have no right to object to the child's adoption or thereafter to have any relationship, legal or otherwise, with the child. It shall terminate the responsibilities of that parent or guardian under this section for future child support or other future financial responsibilities even if the child is not ultimately adopted; provided, that the entry of an order terminating the parental rights shall not eliminate the responsibility of such parent or guardian for past child support arrearages or other financial obligations incurred for the care of such child prior to the entry of the order terminating parental rights.
2. (2) Notwithstanding subdivision (l)(1), a child who is the subject of the order for termination shall be entitled to inherit from a parent whose rights are terminated until the final order of adoption is entered.
(m) Upon termination of parental or guardian rights, the court may award guardianship or partial guardianship of the child to a licensed child-placing agency or the department. Such guardianship shall include the right to place the child for adoption and the right to consent to the child's adoption. Upon termination of parental or guardian rights, the court may award guardianship or partial guardianship to any prospective adoptive parent or parents with the right to adopt the child, or to any permanent guardian who has been appointed pursuant to title 37, chapter 1, part 8. In any of these cases, such guardianship is subject to the remaining rights, if any, of any other parent or guardian of the child. Before guardianship or partial guardianship can be awarded to a permanent guardian, the court shall find that the department or licensed child-placing agency currently having custody of the child has made reasonable efforts to place the child for adoption and that permanent guardianship is in the best interest of the child.
Backlinks (1)
- 36-1-102(26)(C)(ii)
(n) An order of guardianship or partial guardianship entered by the court pursuant to this section shall supersede prior orders of custody or guardianship of that court and of other courts, except those prior orders of guardianship or partial guardianship of other courts entered as the result of validly executed surrenders or revocations pursuant to § 36-1-111 or § 36-1-112, or except as provided pursuant to § 36-1-111(o)(4)(D) and (E), or except an order of guardianship or partial guardianship of a court entered pursuant to § 36-1-116; provided, that orders terminating parental rights entered by a court under this section prior to the filing of an adoption petition shall be effective to terminate parental rights for all purposes.
(o) If the court terminates parental or guardianship rights, under this part or title 37 or a consent is given pursuant to § 36-1-117(f) or (g), or if there have been surrenders of parental or guardianship rights of all other necessary parties, then no further surrender or consent of that parent or guardian shall be necessary to authorize an adoption; provided, that the adoption court may review and confirm the validity of any denials of parentage made by persons under any statutory provisions from outside the state of Tennessee.
(p) A copy of the order or orders obtained by the prospective adoptive parents terminating parental or guardianship rights under this section shall be filed with the petition for adoption.
(q) After the entry of the order terminating parental rights, no party to the proceeding, nor anyone claiming under such party, may later question the validity of the termination proceeding by reason of any defect or irregularity therein, jurisdictional or otherwise, but shall be fully bound thereby, except based upon a timely appeal of the termination order as may be allowed by law; and in no event, for any reason, shall a termination of parental rights be overturned by any court or collaterally attacked by any person or entity after one (1) year from the date of the entry of the final order of termination. This provision is intended as a statute of repose.
Backlinks (1)
- 37-1-139(a)
(r) The disability of a parent or guardian alone shall not be considered for or against termination of parental or guardian rights unless the disability impacts the parent's ability to care for the physical or psychological welfare of the child.
(s) For the purposes of all grounds for termination of parental rights described in subsection (g), a person is presumed to have knowledge that sexual activity leads to pregnancy. An adult has an affirmative obligation to inquire whether their sexual activity has resulted in a pregnancy, and a minor has such obligation upon attaining eighteen (18) years of age regardless of when the sexual activity occurred. A lack of specific knowledge of a pregnancy or birth of a child does not serve as a defense to a ground for termination of parental rights if the person failed to inquire, or failed to attempt to inquire, whether the person's actions resulted in pregnancy or the birth of a child.

Backlinks (9)

History (49)

Acts 1951, ch. 202, § 5 (Williams, § 9572.19)
Acts 1955, ch. 320, § 1
1957, ch. 292, § 1
1959, ch. 111, § 1
1959, ch. 223, § 4
impl. am. Acts 1975, ch. 219, § 1
T.C.A. (orig. ed.), § 36-110
§ 36-1-110
Acts 1995, ch. 532, § 1
1996, ch. 1054, §§ 41-44
1997, ch. 379, § 1
1997, ch. 551, § 54
1998, ch. 1097, §§ 4-11
1998, ch. 1098, § 4
1999, ch. 467, § 1
2000, ch. 683, §§ 1, 3
2003, ch. 84, §§ 1, 2
2003, ch. 231, §§ 9, 10
2006, ch. 890, § 2
2007, ch. 372, §§ 1, 2
2008, ch. 1059, §§ 1-3
2008, ch. 1162, §§ 3, 4
2010, ch. 821, § 1
2010, ch. 842, § 1
2010, ch. 881, § 2
2012, ch. 848, § 8
2012, ch. 1042, §§ 1-3
2013, ch. 298, § 1
2013, ch. 365, § 1
2015, ch. 237, § 1
2016, ch. 636, § 5
2016, ch. 659, § 1
2016, ch. 919, §§ 7-9, 20
2017, ch. 263, § 1
2018, ch. 560, §§ 1-5
2018, ch. 875, §§ 7, 9-12, 17
2019, ch. 36, §§ 3, 4, 24-28
2020, ch. 525, §§ 5-7
2021, ch. 190, § 1
2021, ch. 235, § 2
2022, ch. 937, §§ 2-6, 13, 14
2023, ch. 219, § 1
2023, ch. 253, § 1
2023, ch. 263, §§ 4, 5
2023, ch. 363, §§ 3, 13, 14
2023, ch. 393, § 1
2024, ch. 613, § 9
2024, ch. 652, § 1
2024, ch. 996, §§ 9-12, 25.

§ 36-1-114. Venue.

(a) The termination petition may be filed in the county:
1. (1) Where the petitioners reside;
2. (2) Where the child resides;
3. (3) Where, at the time the petition is filed, any respondent resides;
4. (4) In which is located any licensed child-placing agency or institution operated under the laws of this state having custody or guardianship of the child or to which the child has been surrendered as provided in this part;
5. (5) Where the child became subject to the care and control of a public or private child-caring or child-placing agency; or
6. (6) Where the child became subject to partial or complete guardianship or legal custody of the petitioners as provided in this part.
(b) The adoption petition may be filed in any county listed in subdivisions (a)(1)-(6) or a county that is adjacent to a county listed in subdivisions (a)(1)-(6).

Backlinks (1)

36-1-113(d)(4)

History (7)

Acts 1951, ch. 202, § 12 (Williams, § 9572.26)
T.C.A. (orig. ed.), § 36-104
36-1-104
Acts 1995, ch. 532, § 1
2008, ch. 1059, § 4
2018, ch. 875, § 13
2023, ch. 263, § 15.

§ 36-1-115. Persons eligible to file adoption petition — Residence requirements — Preference for foster parents.

(a) Any person over eighteen (18) years of age may petition the chancery or circuit court to adopt a person and may request that the adopted person's name be changed.
(b) The petitioners must have physical custody or must demonstrate to the court that they have the right to receive custody of the child sought to be adopted as provided in § 36-1-111(d)(6) at the time the petition is filed, unless they are filing an intervening petition seeking to adopt the child.
(c) If the petitioner has a spouse living, competent to join in the petition, such spouse shall join in the petition; provided, that if the spouse of the petitioner is a legal or biological parent of the child to be adopted, such spouse shall sign the petition as co-petitioner, and this shall be sufficient consent by the legal or biological parent for the petitioner's spouse to adopt the child of the legal or biological parent, and no surrender shall be necessary by such co-petitioning legal or biological parent. Such action by the legal or biological parent shall not otherwise affect the legal relationship between that parent and the child.
(d) The petitioner or petitioners shall live and maintain their regular place of abode in this state when the adoption is filed. Nonresidents may also file a petition to adopt a child in this state if they file the petition in the county where a court granted the nonresidents, a licensed child-placing agency, or the department of children's services partial or complete guardianship or legal custody of the child, or where the child was placed in the legal custody of the licensed child-placing agency or the department of children's services.
(e) If one (1) or both of petitioners is an active duty service member in the United States military, the service member and any co-petitioner with the service member may file a petition for adoption in this state without actual residency in this state, if the service member has lived, or maintained a regular place of abode, within this state for six (6) consecutive months immediately prior to entering military service or if this state is the service member's state of legal residence as identified to the United States military.
(f) [Deleted by 2023 amendment.]
(g)
1. (1) When a child is placed in a foster home by the department or otherwise, and becomes available for adoption due to the termination or surrender of all parental or guardianship rights to the child, those foster parents shall be given first preference to adopt the child if the child has resided in the foster home for twelve (12) or more consecutive months immediately preceding the filing of an adoption petition.
2. (2) In becoming adoptive parents, the foster parents shall meet all requirements otherwise imposed on persons seeking to adopt children in the custody of the department, and shall be subject to all other provisions of this part.
Backlinks (3)

History (17)

Acts 1951, ch. 202, §§ 4, 40 (Williams, §§ 9572.18, 9572.52)
Acts 1959, ch. 223, § 1
1961, ch. 150, § 1
1971, ch. 232, § 1
1971, ch. 329, § 1
1972, ch. 612, § 7
impl. am. Acts 1975, ch. 219, § 1
Acts 1976, ch. 481, § 1
1977, ch. 232, § 1
1979, ch. 107, § 1
T.C.A. (orig. ed.), § 36-105
§ 36-1-105
Acts 1995, ch. 532, § 1
2016, ch. 919, § 10
2018, ch. 875, § 14
2022, ch. 937, § 12
2023, ch. 363, § 15.

§ 36-1-116. Home study — Adoption petition — Order of reference.

(a)
1. (1) Prior to filing a petition for the adoption of a child, the prospective adoptive parents shall, except as otherwise provided by law, contact a licensed child-placing agency, or a licensed clinical social worker, or if indigent under federal poverty guidelines, they shall, except as otherwise provided by law, contact the department, and request a home study or a preliminary home study concerning the suitability of their home and themselves as adoptive parents; provided, that the court may waive this requirement when the child is to be adopted by related persons.
2. (2) To be valid for use in response to the order of reference issued pursuant to subsection (e), the home study must have been completed or updated within one (1) year prior to the date of the order of reference. The preliminary home study must have been completed within thirty (30) days prior to the filing of the petition.
3. (3) The department must accept a home study performed by a licensed child-placing agency or licensed clinical social worker within the previous two (2) years, and shall not require a prospective adoptive parent who has had a valid home study completed by a licensed child-placing agency or licensed clinical social worker to undergo an additional home study by the department in order to adopt a child who is in the custody of the department unless there have been subsequent changes to the circumstances of the household.
(b) The petition to adopt may be made upon information and belief, shall be verified, and must state:
1. (1) The full name of the petitioners; however, initials or a pseudonym may be used to promote the safety of the petitioners or of the child, with permission of the court;
2. (2) The name used for the child in the proceeding. In the petition or other orders related to the custody of the child and the final order of adoption, and in all other documents related to the case, the name selected by the petitioner as the name for the child may be used as the true and legal name of the child, and the original name of the child shall not be necessary. Only in the court report required by law on the investigation of the conditions and antecedents of the child sought to be adopted and on the form requesting the new certificate of birth by adoption shall the original name of the child given by the biological or prior legal parent or parents be necessary;
3. (3) The birth date, state, and county or country of birth of the child, if known;
4. (4) The information necessary to show that the court to which the petition is addressed has jurisdiction;
5. (5) That the petitioners have physical custody of the child or that they meet the requirements of § 36-1-111(d)(6), and from what person or agency such custody was or is to be obtained;
6. (6) That it is the desire of the petitioners that the relationship of parent and child be established between them and the child;
7. (7) The desire of the petitioners, if they have such, that the name of the child be changed, together with the new name desired;
8. (8) The value of the personal and real property owned by the child or in which the child may have some legal or equitable interest;
9. (9) That the petitioners are fit persons to have the care and custody of the child and that it is in the best interest of the child for this adoption to occur;
10. (10) That the petitioners are financially able to provide for the child;
11. (11) That there has been full compliance with the law in regard to surrender of the child to the petitioners, or termination of parental or guardianship rights, or consent to the adoption of the child by the agency with rights to place a child for adoption, or that the petitioner intends to effect compliance with the requirements for termination of parental or guardianship rights or parental consents as part of the adoption proceeding, and how such compliance will be effected. A copy of any orders obtained by the prospective adoptive parents terminating parental or guardianship rights and copies of any surrenders that were executed to the prospective adoptive parents shall be filed with the petition;
12. (12)
  1. (A) Whether the biological parent is giving parental consent for the adoption of the child as defined pursuant to § 36-1-102 and as executed pursuant to § 36-1-117(g), or that the parent is signing the petition pursuant to § 36-1-117(f) and that the parent understands that the child will be adopted by the relatives or stepparent of the child and that, in the case of the adoption by relatives, the parent will have no legal rights to the custody, control, or to visitation with the child in the future;
  2. (B) In the case of a parental consent pursuant to § 36-1-102 and § 36-1-117(g), the petition must state that the parent understands that the entry of an order confirming the parental consent, without revoking the parental consent prior to the entry of such order, will terminate that parent's parental rights to the child forever and that the parent will have no legal rights to the custody, control, or to visitation with the child in the future;
  3. (C) When a parent uses the procedure for a consent in the adoption of an unrelated child the parent shall also complete the information form from § 36-1-111(b)(4) no later than when the petition is signed and such form shall be filed with the court. In order to confirm a parental consent in the adoption of an unrelated child, the surrender form provided at § 36-1-111(b)(2) shall be modified to reflect applicable law and executed by the same procedure provided for execution of a surrender;
13. (13)
  1. (A)
    1. (i) That the Tennessee putative father registry has been consulted within ten (10) working days prior to the filing of the petition or will be consulted within ten (10) working days thereafter unless the biological father has been identified through DNA testing as described in § 24-7-112 and that identification is set out in the petition; a copy of the response to this inquiry must be provided to the court immediately upon receipt by the petitioner and prior to finalization of the adoption;
    2. (ii) That if the child was born in a state other than Tennessee and that state has a putative father registry or equivalent, that registry has been consulted within ten (10) working days prior to the filing of the petition or will be consulted within ten (10) working days thereafter unless the biological father has been identified through DNA testing as described in § 24-7-112 and that identification is set out in the petition; a copy of the response to this inquiry must be provided to the court immediately upon receipt by the petitioner and prior to finalization of the adoption unless waived by the court pursuant to subsection (d); if the state of the child's birth has no putative father registry, the petition must include a statement to that effect;
    3. (iii) That if the petitioner knows or has reason to believe the mother was living or present in another state at the time of the child's conception and that state has a putative father registry or equivalent, that registry has been consulted within ten (10) working days prior to the filing of the petition or will be consulted within ten (10) working days thereafter; a copy of the response to this inquiry must be provided to the court immediately upon receipt by the petitioner and prior to the finalization of the adoption; if the possible state of the child's conception has no putative father registry, the petition shall include a statement to that effect; and
    4. (iv) That if the child is less than thirty (30) days old at the time the petition is filed, whether notice of the filing of the adoption petition has been provided to any registry required by this section;
  2. (B) Whether there are any other persons known to the petitioner or petitioners who are entitled to notice under § 36-1-117 and the identity of such persons;
14. (14) Whether the child was brought into Tennessee for foster care or adoption, and, if so, that there has been full compliance with the ICPC or, if compliance has not occurred, a statement alleging good cause for such noncompliance. Evidence of compliance in the form of the ICPC Form 100A or other form from the department, if appropriate, or a sworn statement stating why such form is not required shall be included or attached as an exhibit to the petition;
15. (15)
  1. (A) Whether the child was brought into Tennessee for foster care or adoption from a foreign country, and, if so, evidence shall be attached to the petition showing approval of the government or legal authority in the country from which the child was brought that the child's placement with the petitioners was appropriate and that the petitioners have legal authority under that country's law to have the custody of the child;
  2. (B) The petition shall exhibit evidence from the immigration and naturalization service, the department of justice or the department of state that the child has proper authorization to enter the United States;
  3. (C) If a child who was the subject of an adoption decree from the foreign country must be re-adopted under Tennessee law to effect a valid adoption due to any interpretation of the United States government, the petition shall so state and state that this is necessary for the child to be legally adopted in the United States, and the court shall have jurisdiction to enter an order of adoption for this purpose;
  4. (D) If a child is in this country and the provisions of subdivision (b)(15)(A) cannot be met, the petitioners shall file an affidavit and any other available documentary evidence satisfactory to the court that shows why there is no approval available for the child from the foreign government or legal authority in the foreign country concerning the child's placement with the petitioners;
16. (16)
  1. (A) Whether the petitioners have paid, or promised to pay, any money, fees, contributions, or other remuneration or thing of value in connection with the birth, placement or the adoption of the child, and if so, to or from whom, the specific amount, and the specific purpose for which these were paid or promised;
  2. (B) The disclosure required by this subdivision (b)(16) shall specifically include whether any attorney's fees or medical expenses or counseling fees and the other expenses permitted under §§ 36-1-108 and 36-1-109 or any other fees, remuneration, or contribution, were paid or promised in connection with the child's birth, placement, or adoption and if so, to whom, the specific amount and the specific purpose for which they were paid or promised;
  3. (C) The disclosure required by this subdivision (b)(16) shall also specifically include the amount of fees paid to any licensed child-placing agency or licensed clinical social worker in connection with the placement of the child.
  Backlinks (2)
  
  36-1-106(c)(2)(D)
  36-1-108(d)(1)
(c) The petition must be signed by each petitioner personally and must be verified and must be filed with the clerk of the court, who shall send a certified copy of the petition to the director of adoptions in the state office of the department in Nashville, and to the local office of the department or the licensed child-placing agency or licensed clinical social worker that or who has been directed to answer the order of reference issued in accordance with subsection (e) within three (3) business days after its filing.
(d) If this section requires a putative father registry check in any state other than Tennessee and that state will not permit access to its putative father registry, does not respond within thirty (30) days, or requires a fee determined by the court to be unreasonable, and the court finds that the petitioner has otherwise made diligent efforts to identify the child's biological father, the court may waive this requirement and enter an order of adoption.
(e)
1. (1) Upon filing the adoption petition, the prospective adoptive parents shall notify the court if they have requested a home study or preliminary home study pursuant to subsection (a) and shall file or cause to be filed a copy of the court report based upon the home study or preliminary home study with the court, under seal, unless the court waives the home study or the preliminary home study for prospective adoptive parents who are related to the child.
2. (2)
  1. (A) Upon filing of the petition for adoption, the petitioners also shall inform the adoption court of the name of the court in which the surrender was filed, and the adoption court shall request the court where the surrender was filed to forward a certified copy of the surrender and copies of the medical and social information obtained at the time of the surrender to the adoption court and any court reports based upon home studies that were ordered by the court. This information shall be made a part of the adoption record, but shall be confidential and shall be placed in a sealed envelope within the court file or shall be filed in a protected electronically maintained file and shall remain under seal and shall not be open to inspection by any person or agency other than the department or the licensed child-placing agency or licensed clinical social worker to which the order of reference is issued under this subsection (e), except by written order of the court or as otherwise permitted under this part.
  2. (B) Unless waived by the court in accordance with subdivision (e)(1), the court shall order a licensed child-placing agency or licensed clinical social worker, or the department if the petitioners are indigent under federal poverty guidelines, to conduct a preliminary home study, and a court report based upon such a study must be submitted within fifteen (15) days of the date of the order if, at the time the petition is filed, the petitioners have custody of the child, and the petitioners have not submitted to the court a court report based upon a timely home study or timely preliminary home study with the petition, and the court may enter any orders necessary for the child's care and protection as permitted by subsection (f) pending receipt of the preliminary home study.
  Backlinks (1)
  
  36-1-102(43)(B)
3. (3) If no prior or updated home study of the prospective adoptive parents has been conducted and a court report filed with the court at the time the order of reference is issued and such home study has not been waived in accordance with subdivision (e)(1), then the court, within five (5) days of the date the petition is filed, shall direct the order of reference to a licensed child-placing agency or licensed clinical social worker chosen by the petitioners or, if the petitioners are indigent under federal poverty guidelines or if the child was placed with the petitioners by the department, to the department, to submit a preliminary court report, and any supplemental court reports as may be necessary, and a final court report concerning the circumstances of the child, the child's antecedents, and the proposed adoptive home. Except for good cause shown, the court shall issue the order of reference to the licensed child-placing agency, the licensed clinical social worker, or the department that conducted the home study pursuant to the prospective adoptive parents' request pursuant to subsection (a).
4. (4) The information in subdivision (e)(2) shall be made available to the licensed child-placing agency or licensed clinical social worker or the department which responds to the order of reference. If the necessary medical and social information was obtained by the court pursuant to § 36-1-111, it shall not be necessary for the department or the licensed child-placing agency or licensed clinical social worker to have any further contact with the biological parents in response to the order of reference, unless it is believed the information contained in the statements is inaccurate or incomplete, in which case the department, licensed child-placing agency, or the licensed clinical social worker may contact the biological or prior legal parents or the guardian to obtain such information.
5. (5)
  1. (A) A preliminary court report shall be filed by the department, the licensed child-placing agency or the licensed clinical social worker within sixty (60) days of the receipt of the order of reference and may be supplemented from time to time as the licensed child-placing agency, the licensed clinical social worker or the department determines necessary, or as ordered by the court.
  2. (B) A final court report shall be submitted immediately prior to the finalization of the adoption upon fourteen (14) days' notice to the department, the licensed child-placing agency, or the licensed clinical social worker.
6. (6) Court filings in adoption actions by public or private agencies or parties, offered as proof of parentage, termination of parental rights, or related to establishment or termination of guardianship, may be reviewed by all parties to the case unless the court grants a protective order. If there is no protective order, the agency that made the filing shall, at the time of the filing, send a paper or encrypted electronic copy of the filing to the attorney for the petitioners. Petitioners' counsel and the court must receive the submission at least two (2) business days prior to the scheduled hearing to finalize the adoption. A protective order may be requested by motion of any party or by the agency that made the filing. A protective order shall be granted upon showing of good cause to restrict the information; such cause shall be proven by a preponderance of evidence. The protective order shall be as narrow as possible while still offering the protections that the court found to be warranted.
(f)
1. (1) Upon the filing of the petition, the court shall have exclusive jurisdiction of all matters pertaining to the child, including the establishment of paternity of a child pursuant to chapter 2, part 3 of this title, except for allegations of delinquency, unruliness or truancy of the child pursuant to title 37; provided, that, unless a party has filed an intervening petition to an existing adoption petition concerning a child who is in the physical custody of the original petitioners, the court shall have no jurisdiction to issue any orders granting custody or guardianship of the child to the petitioners or to the intervening petitioners or granting an adoption of the child to the petitioners or to the intervening petitioners unless the petition affirmatively states, and the court finds in its order, that the petitioners have physical custody of the child at the time of the filing of the petition, entry of the order of guardianship, or entry of the order of adoption, or unless the petitioners otherwise meet the requirements of § 36-1-111(d)(6).
  Backlinks (2)
  
  36-1-111(r)(1)(A)
  36-1-111(r)(1)(C)
2. (2) Except for proceedings concerning allegations of delinquency, unruliness, or truancy of the child under title 37, any proceedings that may be pending seeking the custody or guardianship of the child or visitation with the child who is in the physical custody of the petitioners on the date the petition is filed, or where the petitioners meet the requirement of § 36-1-111(d)(6), shall be suspended pending the court's orders in the adoption proceeding, and jurisdiction of all other pending matters concerning the child and proceedings concerning establishment of the paternity of the child shall be transferred to and assumed by the adoption court; provided, that until the adoption court enters any orders affecting the child's custody or guardianship as permitted by this part, all prior parental or guardian authority, prior court orders regarding custody or guardianship, or statutory authority concerning the child's status shall remain in effect. Actions suspended by this section, regardless of the stage of adjudication, shall not be heard until final adjudication of the action for termination of parental rights or adoption regarding the same child, even if such adjudication of the termination of parental rights or adoption will render the custody, guardianship, or visitation action moot.
3. (3) If no prior order of guardianship or custody has been entered giving guardianship or legal custody to the petitioners, the court may, upon receipt of a satisfactory preliminary home study or a satisfactory home study, and if the petitioners have physical custody of the child or otherwise meet the requirements of § 36-1-111(d)(6), issue an order of guardianship or custody with the same authority given to the petitioners as is provided pursuant to §§ 36-1-102 and 37-1-140 as the case may be.
  Backlinks (2)
  
  36-1-102(43)(B)
  36-1-111(o)(4)(B)
4. (4) If an order of guardianship is entered pursuant to this part, the petitioner or petitioners shall have authority to act as guardian ad litem or next friend of the child in any suit by the child against third parties while the child is in the care and custody of the petitioners.
5. (5) An intervening petition for adoption must be decided upon the premise of permissive intervention pursuant to the Tennessee Rules of Civil Procedure. All requirements for prospective adoptive parents and the filing requirements of the petition under any provision of chapter 1 of this title must be met, except for the requirement of having physical custody or the right to receive physical custody at the time of filing.
Backlinks (2)
- 36-1-111(o)(2)(A)
- 37-1-103(c)
(g)
1. (1) The court shall order a licensed child-placing agency or licensed clinical social worker, or the department if the parents are indigent under federal poverty guidelines or if the child was placed with the prospective adoptive parents by the department, to provide supervision for the child who is in the home of prospective adoptive parents and to make any necessary reports that the court should have concerning the welfare of the child pending entry of the final order in the case; provided, that the court may waive this requirement when the child is to be adopted by related persons.
2. (2) Unless they are indigent under federal poverty guidelines, the prospective adoptive parents shall pay the costs of the home study and the supervision required by this subsection (g) and the supervision required by the court.
(h) The filing of a petition for involuntary termination of parental rights with or without an adoption shall be deemed the commencement of a custody proceeding. A petition for adoption, with or without a voluntary termination of parental rights or consent, shall not be deemed the commencement of a custody proceeding for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), compiled in chapter 6, part 2 of this title.
(i) If the court grants guardianship or custody of the child upon the filing of the petition or at any time thereafter to any person, and the child is possessed of any real or personal property to be administered, the court shall appoint a guardian of the property of the child if no guardian or trustee is currently appointed to care for the child's property.
(j) When the husband and wife are joint petitioners, the death of one (1) spouse shall not result in the dismissal of the petition for adoption for that reason alone, and the court may proceed to grant the adoption to the surviving petitioner.
(k)
1. (1) The department, a licensed child-placing agency, or a licensed clinical social worker shall have the right to intervene in the adoption proceeding at any time to present evidence as to the best interests of the child by filing a sworn complaint in the adoption proceeding.
2. (2)
  1. (A) Subject to subsection (f), the court may make any necessary orders upon its own motion or upon the sworn complaint of the department, a licensed child-placing agency, or a licensed clinical social worker for the protection and welfare of the child, including emergency ex parte orders for the immediate care and protection of the child as permitted pursuant to § 36-1-111(r)(1)(A)-(C).
  2. (B) Any emergency ex parte orders for the protection of the child may be entered if the court finds probable cause to believe that the child's immediate health or safety would be endangered. The ex parte order may direct the removal of the child from the custody of the prospective adoptive parents.
3. (3) If an ex parte order of protection is entered that removes the child from the custody of the prospective adoptive parents, a preliminary hearing shall be held within five (5) days, excluding Saturdays, Sundays and legal holidays, to determine the need for the continuance of such order.
4. (4) The prospective adoptive parents shall be necessary parties at the preliminary hearing and the court may order the department or the licensed child-placing agency or licensed clinical social worker to provide any necessary information or court reports concerning the welfare of the child as it may require.
5. (5) If the court determines at the preliminary hearing that there is probable cause to believe that the child's health or safety will be immediately endangered if the child remains in or is returned to the custody of the prospective adoptive parents, or that any other orders must be entered to ensure the health and safety of the child, it shall make such orders as are necessary to protect the child and may continue or place temporary legal custody of the child with the department or a licensed child-placing agency or any other suitable persons approved by the department or a licensed child-placing agency or licensed clinical social worker.
6. (6) The court shall set a final hearing concerning the allegations involving the prospective adoptive parents within thirty (30) days, except for good cause shown in an order entered by the court.
7. (7) If the court determines upon clear and convincing evidence at a final hearing that it should make another disposition of the child, it may remove the child from the custody of the prospective adoptive parents and may make any other orders necessary for the child's welfare and best interests, including an alternate custody or guardianship order for the child, and the court may dismiss the adoption petition as provided in § 36-1-118. If the court does not find by clear and convincing evidence that it should make another disposition of the child, it shall dismiss the complaint that had made the allegations concerning the child's best interests and the adoption proceedings shall continue pending further orders of the court.

Backlinks (4)

History (10)

Acts 1995, ch. 532, § 1
1996, ch. 1054, §§ 45-52, 112
1997, ch. 551, §§ 55, 56
2003, ch. 231, §§ 11-13
2016, ch. 919, §§ 11, 12, 18, 19
2018, ch. 875, §§ 8, 15, 16, 18, 34
2019, ch. 36, §§ 20-22
2023, ch. 263, § 14
2023, ch. 363, § 4
2024, ch. 996, § 13.

§ 36-1-117. Parties to proceedings — Termination of rights of putative father — Consent of parent or guardian — Service of process.

(a) Only a legal parent, guardian, or putative father of the child is a necessary party to the adoption proceeding or to a separate proceeding seeking termination of those rights prior to the entry of an order of adoption, and those rights must be terminated prior to the entry of an order of adoption. If a person has surrendered parental or guardianship rights to the child, executed a parental consent, waived the person's rights pursuant to § 36-1-111(s) or (t), or the person's rights have been terminated by court order, then the person is not a necessary party.
Backlinks (4)
(b)
1. (1) If a petition has been filed to establish paternity of the child who is the subject of the adoption proceeding, the adoption court shall have exclusive jurisdiction to hear and decide any paternity petition filed in the adoption proceeding or that has been transferred to it pursuant to § 36-2-307.
2. (2) The paternity petition shall be heard and concluded prior to any action by the adoption court to determine whether to grant the petition for adoption.
3. (3)
  1. (A) The petition shall be granted if it is shown by a preponderance of the evidence that the person alleged to be the father of the child is the father of the child; provided, that the entry of such an order shall not prevent the filing and consideration of a petition pursuant to § 36-1-113.
  2. (B) If the petition to establish paternity is granted, then the parental rights of the legal father must be terminated as provided by § 36-1-113 or as otherwise provided by law, or the legal father must execute a surrender under § 36-1-111, file a parental consent, or the legal father must co-sign the petition for adoption pursuant to subsection (f) before the court may be authorized to order an adoption of the child.
4. (4) If grounds for termination of parental rights do not exist, then the child's legal father shall be granted custody of the child, unless the court determines, upon clear and convincing evidence, that the legal father is unable currently to provide proper custodial care for the child, in which case the court shall make such orders as may be necessary for the child's care and supervision pursuant to § 37-1-140; or unless the child's mother's rights have not been previously terminated, in which case the court shall make a determination of the custodial status of the child between the legal father and the mother, and the court may make such other orders as are necessary to provide for the child's care and supervision. If the court determines that neither parent is suitable to provide for the care of the child, it shall make such other orders as it may determine are necessary for the child's care and supervision.
5. (5) If the petition to establish paternity is not granted by the court after a hearing and determination based upon subdivision (3), then the court may enter an order to that effect specifying the basis for the determination, and may proceed with the adoption proceeding without further need to terminate the rights of that putative father.
6. (6) The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), compiled in chapter 6, part 2 of this title, shall govern jurisdiction of the adoption court in this state if a paternity proceeding has been filed by the putative father in another state, territory, or foreign country.
Backlinks (1)
- 36-2-318(f)(2)
(c) [Deleted by 2024 amendment.]
(d)
1. (1) Other biological or legal relatives of the child or the adult are not necessary parties to the proceeding and shall not be entitled to notice of the adoption proceedings unless they are the guardian or custodian of the child or the conservator of the adult at the time the petition is filed.
2. (2) The legal custodian of the child or any person or entity appointed guardian of the person or property of the child pursuant to an order that does not specifically include the right to adopt or consent to the adoption of the child and that was not entered as a result of a surrender, parental consent, termination of parental rights, or finding that the child is without any living person entitled to notice pursuant to subsection (a) may only receive notice of the proceeding and may only present evidence as to the child's best interests.
(e) Any public or private agency that may have custody or complete or partial guardianship of the child and that has not given consent as provided under this part shall be made a defendant and given notice of the filing of the adoption or termination of parental or guardian rights petition filed under this part or under title 37, and shall be permitted to assert its rights to custody or guardianship of the child.
Backlinks (1)
- 36-1-113(d)(4)
(f) When the child is related to one (1) of the petitioners or is the stepchild of the petitioner, and the legal or biological parent or parents or guardian or guardians of the child signs the adoption petition as a co-petitioner for the specific purpose, as stated in the petition, of giving consent to the adoption, no further surrender, parental consent, or termination of parental rights shall be required as to that parent or guardian, as the act of joining in the adoption petition shall be deemed a complete surrender, notwithstanding subsection (g), and no further notice or service of process need be made to that person; provided, that where the stepparent of a stepchild seeks to adopt a stepchild, the co-signing of the petition by the child's parent who is the spouse of the petitioner shall not affect the existing parent/child legal relationship between that parent and the parent's child who is the subject of the adoption petition by the stepparent of the child.
Backlinks (3)
(g)
1. (1) A parent may sign a petition for adoption as provided by § 36-1-102 for the purpose of giving parental consent to the adoption of the parent's child by unrelated persons. The petition must state that the parent understands that the entry of an order confirming the parental consent, without revoking the parental consent prior to the entry of such order, will terminate that parent's parental rights to the child forever and that the parent will have no legal rights to custody or control of the child in the future.
2. (2) It is specifically and expressly declared that the act of signing the adoption petition does not terminate the parental rights of such parent until the court where the adoption petition is filed has entered an order confirming the parental consent. Prior to the court entering an order confirming the parental consent:
  1. (A) The parent shall answer, in writing and under oath, each of the questions required pursuant to § 36-1-111(b)(4), and submit the parent's answers to the court on a substantially similar form; and
  2. (B) The court shall:
    1. (i) Witness the parent's or guardian's signature on the form; and
    2. (ii) Confirm the parental consent by verifying the parent's answers to the questions required pursuant to § 36-1-111(b)(4), and by witnessing the parent's signature on an affidavit acknowledging the parental consent.
3. (3) The parent signing the petition for the purpose of giving parental consent shall be provided ten (10) calendar days' written notice by the court of the appearance date for the required response to the court pursuant to § 36-1-111 before entry of the order confirming the parental consent is entered by the court. Unless the parent is disabled or the parent's appearance is impracticable as determined by the court, that parent must personally attend the hearing before the court in chambers. If the parent is disabled or the parent's appearance is impracticable as determined by the court, the answers shall be taken under oath at the parent's location by the court or by any person appointed by an order of the court to do so. If the parent executing the parental consent cannot be found or does not appear at the time of such hearing, the court may terminate that parent's rights upon any grounds available pursuant to a petition filed under § 36-1-113.
4. (4) Following the satisfactory completion of such questions, which shall be recorded on the forms required pursuant to § 36-1-111, the court shall enter an order that confirms the parental consent, and the court shall then, and only then, be authorized to enter an order terminating such parent's rights to the child who is the subject of the adoption petition; provided, that a parental consent may be revoked at any time prior to the entry of an order of confirmation of the parental consent by the court by executing a revocation form as provided in § 36-1-112, and such revocation shall negate and void the parental consent executed pursuant to this subsection (g).
5. (5) The death of the consenting parent or termination of parental rights of such parent by a validly executed surrender or by court action prior to the entry of the adoption order will make any requirements for the parental consent contained herein unnecessary.
6. (6) Upon entry of the order of confirmation, the clerk shall send certified copies of the order to the adoptions unit in the state office of the department in Nashville.
Backlinks (5)
(h) The department, through any authorized person, or the executive head of such licensed child-placing agency may give consent to the adoption of the child by the petitioners for whom it holds complete or partial guardianship.
(i)
1. (1)
  1. (A) When the child who is the subject of the adoption is fourteen (14) years of age or older at any time before the granting of the petition, the adoption court must receive the sworn, written consent of such child to the adoption, which shall be filed with the record, and the consent of such minor shall be recited in the order of adoption. The court shall receive the consent and testimony from the child in chambers, if requested by the child. The consent is legally sufficient if it contains statements comparable to the “Consent to Adoption by Minor” set forth in subdivision (i)(3).
  2. (B) CONSENT TO ADOPTION BY MINOR WHO IS FOURTEEN (14) YEARS OF AGE OR OLDER
    1. STATE OF TENNESSEE
    2. COUNTY OF
    3. 1. I am [name of child] born on .
    4. 2. I understand that [name of prospective adoptive parent(s)] have filed a petition to adopt me.
    5. 3. I understand that if the Court enters an order of adoption based upon the Petition, that I will become the legal child of [name of prospective adoptive parent(s)] and that he/she/they will become my parents for all purposes, just the same as if I had originally been born to them.
    6. 4. I understand that, while I remain under eighteen (18) years of age, my adoptive parents will have the right to determine if I should contact or visit with anyone in my prior legal or birth family.
    7. 5. I understand that I will have the right to inherit property from my adoptive parents, and their descendants will have the right to inherit property from me or my descendants but only for property I acquire after the adoption order is entered.
    8. 6. No one has pressured me to agree to this adoption, and I believe that my adoption is in my best interest.
    9. 7. I freely and voluntarily, without pressure from anyone, consent to this adoption.
    10. This the day of , 20.
    11. FURTHER AFFIANT SAITH NOT
    12. Please Print:
    13. Signature:
  3. Sworn to and subscribed before me this day of , 20.
    1. Please Print:
    2. Judge of the Court for
    3. County, Tennessee
  4. Signature:
2. (2) If the child who is the subject of the adoption is mentally disabled and is fourteen (14) years of age or more at any time before the granting of the petition, then the court shall appoint a guardian ad litem to give or withhold consent for the child to the adoption, and the court shall follow the procedure of subdivisions (j)(2)(B) and (C).
Backlinks (1)
- 36-1-102(16)(E)
(j)
1. (1) When the person sought to be adopted is eighteen (18) years of age or older, only the sworn, written consent of the person sought to be adopted shall be required and no order of reference or any home studies need be issued.
2. (2)
  1. (A) If the adult person to be adopted has been adjudicated incompetent, then the written consent of the adult person's conservator shall be required.
  2. (B) If the person is without a conservator and the court has reason to believe that the person is incompetent to give consent, then the court shall appoint a guardian ad litem who shall investigate the person's circumstances and that guardian ad litem shall give or withhold consent.
  3. (C) The guardian ad litem shall file a written report stating the basis for the decision and the court shall afford a hearing to all parties to present evidence as to the best interests of the person, and if the court determines upon clear and convincing evidence that the decision to withhold consent by the guardian ad litem is arbitrary and is not in the best interests of the incompetent person, it may proceed to make any other orders it deems necessary for the person's welfare, including granting the adoption petition.
3. (3) In all other situations under this subsection (j) for adult persons who are the subject of an adoption petition, an order of reference, social investigation, report to the court by a licensed child-placing agency or licensed clinical social worker or the department, putative father registry check in this or any other state, or the waiting period under § 36-1-119 is not required.
(k) When the child has been surrendered or parental rights have been relinquished to an agency operating under the laws of another state, territory, or foreign country, or such agency has received guardianship or the right to place a child for adoption pursuant to the laws of its jurisdiction, the surrender or relinquishment, or any order terminating parental rights, and the written consent of the agency pursuant to the laws of its jurisdiction or pursuant to its procedures shall be filed with the adoption petition and shall be sufficient for the purposes of providing the necessary consent required by this part.
(l) If a person has surrendered that parent's parental rights or guardianship rights, if a person has filed a parental consent and the consent has been confirmed as provided herein, if a person has executed a waiver of interest pursuant to this part, if a person or agency has consented to the adoption of the child who is the subject of the adoption proceeding, or if a person's parental or guardianship rights to the child have been properly terminated, no notice of the adoption proceeding or service of process shall be made to that person or agency.
(m)
1. (1) Service of process for adoption proceedings and termination proceedings in chancery and circuit courts pursuant to this part and for proceedings to terminate parental rights in juvenile courts are made pursuant to the Tennessee Rules of Civil Procedure and the statutes governing substituted service.
2. (2) [Deleted by 2024 amendment.]
3. (3) Any motion for an order for publication in these proceedings shall be accompanied by an affidavit of the petitioners or their legal counsel attesting, in detail, to all efforts to determine the identity and whereabouts of the parties against whom substituted service is sought.
4. (4) Service of process for juvenile court proceedings may be completed by any individual authorized to serve process under the Tennessee Rules of Civil Procedure or the Tennessee Rules of Juvenile Procedure, including, but not limited to, a sheriff, constable, or private process server.
(n) The court may enter a default judgment against any party to the adoption or termination proceeding upon a finding that service of process has been validly made against that party in accordance with the Tennessee Rules of Civil or Juvenile Procedure and the statutes concerning substituted service; however, in termination proceedings, proof must be presented as to legal grounds and best interest pursuant to § 36-1-113.
(o) The response or answer to a petition for termination of parental rights shall be signed by the respondent personally, sworn to and verified, and filed with the clerk of the court.

Backlinks (5)

History (30)

Acts 1951, ch. 202, § 7 (Williams, § 9572.21)
Acts 1955, ch. 320, § 2
1955, ch. 345, § 1
1959, ch. 223, § 3
1961, ch. 150, § 2
impl. am. Acts 1975, ch. 219, § 1
1976, ch. 455, § 1
T.C.A. (orig. ed.), § 36-108
§ 36-1-108
Acts 1995, ch. 532, § 1
1996, ch. 1054, §§ 53-56, 113
1997, ch. 551, §§ 57-65
1998, ch. 1098, §§ 5-7
2003, ch. 231, § 14
2007, ch. 199, §§ 1, 2
2008, ch. 1059, § 5
2008, ch. 1162, § 1
2010, ch. 842, § 2
2010, ch. 849, § 1
2016, ch. 636, § 3
2016, ch. 919, § 13
2018, ch. 535, § 1
2018, ch. 875, §§ 19, 20, 32
2019, ch. 36, §§ 29, 32-34
2020, ch. 525, §§ 8, 9
2022, ch. 937, §§ 10, 16
2023, ch. 263, §§ 6, 7
2023, ch. 363, § 5
2023, ch. 393, § 2
2024, ch. 996, §§ 14-19.

§ 36-1-118. Dismissal of adoption proceedings and guardianship orders — Revocation of surrender by court — Notice — Disposition of child.

(a) If at any time between the surrender of a child directly to prospective adoptive parents or a licensed child-placing agency and the filing of an adoption petition or at any time between the filing of an adoption petition and the issuance of the final order of the adoption, it is made known to the court on the basis of clear and convincing evidence that circumstances are such that the child should not be adopted, the court may dismiss the adoption proceedings or, if no adoption proceedings have been commenced, the court may order the surrender or parental consent to prospective adoptive parents to be revoked and may modify or dismiss any order of guardianship previously entered, and may order the reinstatement of parental rights, all in consideration of the best interests of the child.
(b) If it is made known to the court where the surrender of a child directly to adoptive parents was executed or filed and that, in accordance with § 36-1-111(o), has jurisdiction of the child, that the prospective adoptive parents to whom the child had been surrendered have not filed a petition to adopt the child within thirty (30) days of the date of execution of the surrender, or if the court where the adoption petition determines that the prospective adoptive parents do not have, or have not obtained, an order of guardianship or an order of legal custody for the child who is the subject of the adoption petition within thirty (30) days of the date of the filing of the petition, the court shall set a hearing for the purpose of determining if any surrender to the prospective adoptive parents should be ordered revoked, if any order of guardianship should be modified or dismissed, if an order of custody or guardianship should be entered, if parental rights should be reinstated, or if some other disposition should be made for the child in the child's best interests.
(c)
1. (1) Before entering an order pursuant to subsection (a) or (b) directing that the surrender directly to prospective adoptive parents or a licensed child-placing agency be revoked or that the parental consent to prospective adoptive parents be disallowed, or that the order of guardianship be modified or dismissed, that an order of custody or guardianship be entered, or that parental rights be reinstated, or before dismissing the adoption proceedings, the court must give written notice of not less than five (5) days, excluding Saturdays, Sundays, and legal holidays, of its intent to do so.
2. (2) The notice shall be given to the persons or entity to whom the child was surrendered and for whom an order of guardianship was entered, to any petitioners and other parties to the proceeding, and to the department or licensed child-placing agency, or licensed clinical social worker that or who placed the child or conducted any studies involving the placement of the child in the home, and to the parent whose rights were terminated, but only if the court will consider reinstatement of that parent's rights.
(d)
1. (1) Following the hearing, the court may order the revocation of the surrender or any parental consent, modify or dismiss the order of guardianship, may enter an order of custody or guardianship, may order reinstatement of parental rights, or may dismiss the petition if it determines upon clear and convincing evidence that such action is in the child's best interests.
2. (2) The court may reinstate parental rights only with the consent of the parent whose rights were terminated.
Backlinks (2)
- 36-1-111(o)(1)(A)(i)
- 36-1-111(o)(1)(A)(ii)
(e)
1. (1) After the court's dismissal of the petition or after the order of revocation by the court of a surrender or parental consent, if the child had been in the legal custody or guardianship of the department or a licensed child-placing agency prior to the surrender, the parental consent, the entry of a guardianship order, or the filing of the adoption petition, the court shall enter an order directing that the child shall be placed in the guardianship of the department or the licensed child-placing agency that had legal custody or guardianship of the child immediately before the placement was made with the prospective adoptive parents or immediately before the surrender was executed or parental consent was filed or before the prior order giving guardianship to the prospective adoptive parent was entered.
2. (2) In all other cases in which the child was not in the legal custody or guardianship of the department or a licensed child-placing agency prior to the revocation by the court of the surrender or parental consent to prospective adoptive parents or prior to the dismissal of the guardianship order, or prior to the dismissal of the adoption proceeding by the court, or when the agency that had had custody or guardianship of the child prior to the child's placement or prior to the revocation of the surrender by the court, or dismissal of the petition cannot or will not resume guardianship or custody of the child, the child shall remain a ward of the court, which shall have jurisdiction to award the child's guardianship or legal custody according to the best interest of the child.
3. (3) The court shall continue to have jurisdiction of the child to make such further orders as are necessary until another adoption petition is filed, at which time jurisdiction over the child shall transfer to the court where the new adoption petition may be filed; provided, the juvenile court shall retain jurisdiction of the child for allegations of delinquency, unruliness, and truancy pursuant to title 37, chapter 1, part 1.
4. (4)
  1. (A) Unless the child's custody or guardianship is required to be returned to the custody of the department or a licensed child-placing agency, or unless the court must return jurisdiction of the child to a court with prior jurisdiction, then, after entry of an order revoking the surrender or parental consent, dismissing the order of guardianship, after entry of an order of custody or guardianship, or after dismissing the petition for adoption, the court may, in its discretion, by order entered in the record, transfer all jurisdiction and wardship of the child to the juvenile court of the county of the child's residence.
  2. (B)
    1. (i) After the clerk has transferred to the department the information required under this part, certified copies of any records of the child needed by the juvenile court from the court where the surrender was revoked, the guardianship order was dismissed, the custody or guardianship order was entered, or the adoption petition was dismissed, shall be transferred to the juvenile court and the clerk of the court that had taken action pursuant to subsection (d) and subdivision (e)(4) shall maintain the original of the records in that court's files.
    2. (ii) Except as otherwise provided by this part, all such records shall remain confidential in the files of the juvenile court and shall not be open to any person except the child's legal custodian or legal guardian, or pursuant to a written order of the court, or to the department that may be investigating a report of child abuse or neglect or that may be responding to an order of reference by the juvenile court, or to a law enforcement agency investigating a report of child abuse or neglect or that is investigating any crime involving the child.
  Backlinks (1)
  
  36-1-126(a)
5. (5) Any order of guardianship or legal custody entered pursuant to this subsection (e) shall continue until modified by the court to which the jurisdiction is transferred or by the court where a new adoption petition is filed.
6. (6) If guardianship is awarded pursuant to this section, the court shall, in addition to the authority under § 37-1-140, give authority to place the child for adoption and to consent to adoption, or to adopt the child, or may give authority to surrender the child for that purpose.
7. (7) The department or the licensed child-placing agency receiving guardianship of the child under this section shall have authority to make another placement of the child for adoption and to consent to the adoption by new adoptive parents without further approval of the court.
8. (8) For purposes of this section, legal custody awarded by the court shall vest the legal custodian with the authority to provide the care and control of the child as set forth in § 37-1-140, but does not, by itself, without entry of an order of guardianship pursuant to this part, authorize the legal custodian to place the child for adoption or to consent to the adoption.
9. (9) Prior to entering an order establishing a permanent plan for the child who is not returned to the department or a licensed child-placing agency as provided in subdivision (e)(1), the court shall order the department or a licensed child-placing agency or licensed clinical social worker to investigate and report to the court within sixty (60) days regarding a suitable permanent plan for the child. Subject to the jurisdiction of the juvenile court for allegations of delinquency, unruliness, or truancy against the child pursuant to title 37, the court may make further orders of custody or guardianship upon receipt of the report.

Backlinks (4)

History (2)

Acts 1995, ch. 532, § 1
2016, ch. 919, §§ 14, 15.

§ 36-1-119. Final order of adoption — When entered.

(a) Unless the child is related to the petitioners, a final order of adoption shall not be entered before the home study has been filed with the court and before the petition has been on file at least six (6) months and before a final court report is filed with the court, except when the order is based upon a petition for re-adoption pursuant to § 36-1-106; however, the court, considering the petition as a whole, may deem it in the best interest of the child to reduce the waiting period to three (3) months.
(b) If the child is related to the petitioners, the court may, in its discretion, waive the six-month waiting period, the orders of reference, the preliminary home study and home study, the order of guardianship or custody, and the final court report and may proceed to immediately grant an order of adoption.
(c)
1. (1) If the child has already resided in the home of the petitioners for three (3) months, the court has received the final court report concerning the circumstances of the child and the petitioners, and is satisfied that the adoption will be in the best interest of the child, the court may waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption.
2. (2) If the child was voluntarily left at a facility or in a newborn safety device pursuant to § 68-11-255, the child has resided in the home of the petitioners for at least three (3) months, and the court has received the final court report concerning the circumstances of the child and the petitioners and is satisfied that the adoption will be in the best interest of the child, then the court may waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption.
(d) If no appeal has been taken from any order of the court, the court must complete or dismiss the adoption proceeding by entering a final order within one (1) year of the filing of the petition, unless the petitioner shows good cause why such final order should not be entered.
(e) If an appeal is taken from an order of the court, the proceeding must be completed by the court by entering a final order of adoption or a final order dismissing the proceeding within nine (9) months from the final judgment upon appeal, except for good cause shown by the petitioner.

Backlinks (1)

36-1-117(j)(3)

History (14)

Acts 1951, ch. 202, § 21 (Williams, § 9572.35)
Acts 1955, ch. 320, § 4
1959, ch. 223, § 9
1961, ch. 150, § 5
impl. am. Acts 1975, ch. 219, § 1
T.C.A. (orig. ed.), § 36-124
Acts 1989, ch. 229, § 1
1992, ch. 994, § 1
T.C.A., § 36-1-124
Acts 1995, ch. 532, § 1
1996, ch. 1054, § 57
2006, ch. 890, § 3
2023, ch. 187, §§ 7, 8
2023, ch. 293, § 1.

§ 36-1-120. Final order of adoption — Contents — Report of foreign birth.

(a) The final order of adoption must state:
1. (1) The full name of the child used in the proceeding;
2. (2) The full names of the petitioners and their county of residence and whether the petitioner is a stepparent of the adopted person;
3. (3) The fact and date of the filing of the petition;
4. (4) The date when the petitioners acquired physical custody of the child and from what person or agency or by which court order;
5. (5) The fact and date of the filing of a guardianship order, if such order has been entered;
6. (6)
  1. (A) That all persons entitled to notice of the proceedings have been served with process and the status of those persons in the proceedings and that all necessary parties were properly before the court;
  2. (B) That the time for answering the petition has expired;
  3. (C) That termination of all parental or guardian rights to the child by court order or surrenders or parental consents that are necessary to proceed with the adoption have occurred; and
  4. (D) That orders reflecting the termination of parental rights pursuant to actions filed by the prospective adoptive parents, orders confirming parental consents, or the consents of the department or a licensed child-placing agency with authority to place and consent to the child's adoption, the consent of the child who is over fourteen (14) years of age, the consent of the guardian ad litem of an incompetent adult or mentally disabled child, or of any other person or entity required by law have been filed in the court record;
7. (7) That if the child has been brought into Tennessee from another state or foreign country, there has been compliance with the ICPC, if applicable, or with the requirements of the foreign government or legal authorities in the foreign country for the petitioners to have custody of the child and with all requirements of the United States government for the immigration of the child to this country, unless good cause has been shown to excuse such compliance;
8. (8) That the child's adoption is in compliance with or is not subject to the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.);
9. (9) Whether the child has been the subject of an adoption decree in a foreign country in which the petitioners were given the child in adoption by such decree and whether this adoption is a readoption for the purpose of complying with the requirements of the United States government for the purposes of the child's immigration or naturalization;
10. (10) That the petitioners are fit persons to have the care and custody of the child;
11. (11) That the petitioners are financially able to provide for the child;
12. (12) That the child is a suitable child for adoption; and
13. (13) That the adoption is for the best interest of the child.
(b) Before the entry of the final order, there shall be filed with the proposed order:
1. (1) An affidavit by the attorney for the petitioners detailing the fees charged for any services rendered in the placement of the child or for legal services, and any fees paid by the attorney to any other person or entity for services rendered in securing the placement of the child or for providing any services related to securing any home studies to secure a surrender or adoption of the child; and
  Backlinks (1)
  
  36-1-106(c)(1)
2. (2) An affidavit by the licensed child-placing agency or licensed clinical social worker that or who placed the child with the petitioners regarding the fees charged by such agency or social worker to the adoptive parents for the placement of the child and for any home studies and supervision of the placement conducted by the licensed child-placing agency or by the licensed clinical social worker.
Backlinks (1)
- 36-1-108(d)(1)
(c) The court shall review the affidavits required in subsection (b) and shall determine whether all fees set forth therein are reasonable. The court shall retroactively approve such fees or order reimbursement of any fees it determines to be unreasonable.
(d) The court shall, if satisfied that all the requirements necessary for the adoption of the child are present, thereupon decree the adoption of the child by the petitioners and shall order that the name of the child be changed to that requested by the petitioners.
(e)
1. (1) The clerk of the court shall furnish the department a certified copy of all final orders of adoption and the affidavits required under subsection (b) or final orders dismissing the adoption proceedings, and the department shall record pertinent information from the order, and the department shall maintain a copy of the order with all other information in the sealed adoption record.
2. (2) Upon entry of the final order of adoption by the court, the clerk of the court shall simultaneously furnish the adoptive parents or their attorney a certified copy of the order of adoption.
(f)
1. (1) All orders of adoption, readoption, or foreign recognition, as authorized by § 36-1-106(c), must be reported by the clerk or by the petitioner's or petitioners' attorney to the division of vital records of the department of health for children born in this state or in a foreign country by sending a certified copy of the order and certificate of adoption and by reporting the information required by that division for a new certificate of birth or for a report of foreign birth for the child to the registrar of the division of vital records for preparation of a new certificate of birth by adoption as provided in §§ 68-3-310 — 68-3-313. This section does not prohibit court clerks from certifying or issuing any certificate of adoption forms as may be required by the state of the child's birth.
  Backlinks (2)
  
  68-3-312(c)
  68-3-312(d)
2. (2) The court clerk or the petitioner's or petitioners' attorney shall supply the registrar of the division of vital records the following information for the preparation of a Report of Foreign Birth if the child who has been adopted was born in a foreign country:
  1. (A) The full adoptive name of the child;
  2. (B) The adopted child's date of birth;
  3. (C) The adopted child's sex;
  4. (D) The city, province and country of the adopted child's birth;
  5. (E) The full name of the adoptive father;
  6. (F) The full maiden name of the adoptive mother; and
  7. (G) The legal residence of the adoptive parents.
3. (3) Upon entry of the order of adoption, readoption, or foreign recognition by the court, as authorized by § 36-1-106(c), the court clerk shall immediately furnish to the division of vital records, or to the adoptive parents or parents' attorney, the necessary documents listed in subdivisions (f)(1) and (2) for the issuance of a new birth certificate by adoption or report of a foreign order.
(g) Costs for furnishing certified copies under subsections (e) and (f) shall be taxed to the petitioners.
(h) Notwithstanding the sealing and confidentiality of adoption records pursuant to this part, the clerk of the court in which adoption proceedings have occurred, upon being furnished verification of the identity of the requesting person, shall furnish to the adopted person, adoptive parents or their attorney or attorneys, upon their request at any time, certified copies of the final order of adoption or readoption or final orders dismissing such adoption proceedings. Nothing other than certified copies of the final order of adoption or readoption or final order dismissing such adoption proceedings shall be released pursuant to this subsection (h).

History (10)

Acts 1951, ch. 202, § 22 (Williams, § 9572.36)
Acts 1959, ch. 223, § 10
impl. am. Acts 1975, ch. 219, § 1
T.C.A. (orig. ed.), § 36-125
§ 36-1-125
Acts 1995, ch. 532, § 1
1996, ch. 1054, § 128
2003, ch. 231, § 15
2024, ch. 945, §§ 1-3
2024, ch. 996, § 20.

§ 36-1-121. Effect of adoption on relationship.

(a) The signing of a final order of adoption terminates any existing guardianship orders and establishes from that date the relationship of parent and child between the adoptive parent or parents and the adopted child as if the adopted child had been born to the adoptive parent or parents and the adopted child shall be deemed the lawful child of such parent or parents, the same as if the child had been born to the parent or parents, for all legal consequences and incidents of the biological relation of parents and children.
(b) The adopted child and the child's descendants shall be capable of inheriting and otherwise receiving title to real and personal property from the adoptive parents and their descendants, and of succeeding to the rights of either such parent or such parent's descendants in such property, whether created by will, by other instrument or by law, including, but not limited to, taking as a beneficiary of a remainder interest following a life interest or estate in either such parent or such parent's ancestor or descendant. The adopted child shall have the same such rights as to lineal and collateral kindred of either adoptive parent and the ancestors or descendants of such kindred, as the adoptive child has as to such parent, and the lineal and collateral kindred of either adoptive parent and the descendants of such kindred shall have the same such rights as to the adopted child and the child's descendants, but only as to property of the adopted child acquired after the child's adoption.
(c) In the construction of any instrument, whether will, deed, or otherwise, whether executed before or after August 24, 1995, and whether the testator or other party creating an interest by such instrument died before or after August 24, 1995, or before or after an adoption, a child so adopted and the descendants of such child are deemed included within the class created by any limitation contained in such instrument restricting a devise, bequest or conveyance to the lawful heirs, issue, children, descendants, or the like, as the case may be, of the adoptive parent, or of an ancestor or descendant of one (1) of them, and such adopted child shall be treated as a member of such class unless a contrary intention clearly shall appear by the terms of such instrument or unless the particular estate so limited shall have vested in interest and in possession in and as to the person or persons entitled thereto on August 24, 1995; provided, that this sentence shall not apply in the construction of any instrument as to any child who is over twenty-one (21) years of age at the time of such child's adoption.
(d) “Contrary intention clearly shall appear,” as set forth in this section, shall not be found by any court to exist by use in such instrument of such terms as “issue,” “children” or similar legal terms, unless the instrument specifically states that adopted children are to be excluded from such class.
(e) An adopted child shall not inherit real or personal property from a biological parent or relative thereof when the relationship between them has been terminated by final order of adoption, nor shall such biological parent or relative thereof inherit from the adopted child. Notwithstanding subsection (a), if a parent of a child dies without the relationship of parent and child having been previously terminated and any other person thereafter adopts the child, the child's right of inheritance from or through the deceased biological parent or any relative thereof shall be unaffected by the adoption.
(f) A final order of adoption of a child cannot require the adoptive parent to permit visitation by any other person, nor can the final order of adoption place any conditions on the adoption of the child by the adoptive parent. This statute does not prohibit the entry of an order enforcing or modifying a contract for post-adoption contact pursuant to § 36-1-145.
(g) The adoption of a child shall have no effect upon arrearages owed by an obligor of child support for that child that existed prior to the termination of parental rights or to that child's adoption and that are owed by an obligor to any person or any governmental agency, nor shall it affect any other financial obligations of a person that may be related to the care of the adopted child prior to a surrender, termination of parental rights, or adoption involving that child.

Backlinks (1)

36-6-306(d)(1)

History (10)

Acts 1951, ch. 202, § 23 (Williams, § 9572.37)
Acts 1955, ch. 302, §§ 1, 2
1957, ch. 345, § 1
1968, ch. 406, § 1
1976, ch. 751, § 1
1983, ch. 432, §§ 1-4
T.C.A. (orig. ed.), § 36-126
Acts 1992, ch. 994, § 4
1995, ch. 532, § 1
2019, ch. 35, § 1.

§ 36-1-122. Binding effect of adoption.

(a) When a child is adopted pursuant to this part, the adoptive parents shall not thereafter be deprived of any rights in the child, at the insistence of the child's biological or prior legal parents or guardian of the child or any other person or agency except in the same manner and for the same causes as are applicable in proceedings to deprive biological or legal parents or guardians of their children or wards as provided by law.
(b)
1. (1) After the final order of adoption is entered, no party to an adoption proceeding, nor anyone claiming under such party, may later question the validity of the adoption proceeding by reason of any defect or irregularity therein, jurisdictional or otherwise, but shall be fully bound by the order, except for such appeal as may be allowed by law.
2. (2) In no event, for any reason, shall an adoption be overturned by a trial court or collaterally attacked by any person or entity after nine (9) months from the date of entry of the final order of adoption by a court of competent jurisdiction. This subdivision (b)(2) is intended as a statute of repose.
3. (3) The failure of the clerk of the court, the department, a licensed child-placing agency, or a licensed clinical social worker to perform any of the duties or acts with the time requirements of this part shall not affect the validity of any adoption proceeding.
4. (4) After a final order of adoption is entered, an order shall not be entered requiring visitation or other contact between an adopted person and a biological parent or other related person unless the order is entered pursuant to § 36-1-145.

Backlinks (1)

36-2-304(b)(2)(B)

History (8)

Acts 1951, ch. 202, §§ 27, 30 (Williams, §§ 9572.41, 9572.44)
impl. am. Acts 1975, ch. 219, § 1
T.C.A. (orig. ed.), § 36-127
§ 36-1-127
Acts 1995, ch. 532, § 1
2022, ch. 937, § 8
2023, ch. 263, § 8
2023, ch. 363, § 6.

§ 36-1-123. Biological parents illegally obtaining custody of a child — Custodial interference — Survival of existing restraining order.

(a) Any biological or prior legal parents or guardian whose rights to a child have been terminated by order of any court under this part or any other title or by the laws of any other state or territory, or foreign country, or by a surrender, parental consent, or waiver of interest, and who shall, otherwise than by legal process, obtain custody of the child shall be in violation of and shall be subject to prosecution pursuant to § 39-13-306.
(b) A restraining order or order of protection that restrains any person from contacting or otherwise interfering with a child and that is entered prior to the finalization of the adoption shall survive the adoption of the child unless such order is expressly set aside by the court that entered the order or the court hearing the adoption. Actions to enforce or modify such order post-adoption may be brought by the adoptive parent in the court that issued the order or in the court that heard the adoption.

History (6)

Acts 1951, ch. 202, § 32 (Williams, § 9572.46)
T.C.A. (orig. ed.), § 36-133
§ 36-1-132
Acts 1995, ch. 532, § 1
2016, ch. 919, § 17
2022, ch. 937, § 7.

§ 36-1-124. Contested terminations of parental rights and adoptions — Appeals — Expedited schedule.

(a) In all cases where the termination of parental rights or adoption of a child is contested by any person or agency, the trial court shall, consistent with due process, expedite the contested termination or adoption proceeding by setting a scheduling conference within thirty (30) days of the filing of a response or answer to a petition for termination of parental rights or adoption and entering such scheduling orders as are necessary to ensure that the case is not delayed. The court shall give the case priority in setting a final hearing of the proceeding and shall be heard at the earliest possible date over all other civil litigation other than child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6.
(b) In all cases that are appealed from the decision of a trial court, the appellate court shall, consistent with its rules, expedite the contested termination of parental rights or adoption case by entering such scheduling orders as are necessary to ensure that the case is not delayed, and such case shall be given priority over all other civil litigation in reaching a determination on the status of the adoption, other than child protective services cases arising under title 37, chapter 1, parts 1, 4 and 6.
(c) It is the intent of the general assembly that the permanency of the placement of a child who is the subject of a termination of parental rights proceeding or an adoption proceeding not be delayed any longer than is absolutely necessary consistent with the rights of all parties, but that the rights of the child to permanency at the earliest possible date be given priority over all other civil litigation other than child protective services cases arising under title 37, chapter 1, parts 1, 4 and 6.
(d) A notice of appeal in a termination of parental rights action must not be filed by an attorney who is not specifically authorized by the appellant to file a notice of appeal on the appellant's behalf.

Backlinks (3)

History (4)

Acts 1995, ch. 532, § 1
2016, ch. 919, § 16
2018, ch. 875, § 35
2024, ch. 996, §§ 21, 22.

§ 36-1-125. Confidentiality of records — Penalties for unauthorized disclosure — Protected orders.

(a) All adoption records, sealed adoption records, or sealed records held by a court, the department, a licensed child-placing agency, a licensed clinical social worker or any other person, and not yet under seal, or any sealed adoption records or sealed records that have been unsealed for any reason, any post-adoption records, and any adoption assistance records are confidential and shall not be subject to disclosure except as provided in this part.
(b) Adoption records, home studies or preliminary home studies may be utilized by the judge of the court, by the clerk of the court, or by the department, or by a licensed child-placing agency or a licensed clinical social worker, in any act consistent with the litigation of the adoption, custody or guardianship proceedings involving a person in any court, or for the placement, study, or supervision of a person for whom an adoption or custody or guardianship proceeding is pending in any court, and which records may be necessary to carry out such judge's, clerk's, department's, agency's, or social worker's duties consistent with the law.
(c) If any adoption records, sealed adoption records, sealed records, post-adoption records, adoption assistance records, home studies, preliminary home studies or information obtained in connection therewith are required by court order under this part to be disclosed for any legal proceeding other than the adoption proceeding or termination of parental rights proceedings, the court in which they are to be utilized shall enter a protective order to restrict their further disclosure or dissemination. Such records, studies, or information shall not become a public record in any legal proceeding.
(d) Unauthorized disclosure of any records, studies or information protected as confidential under this part is a Class A misdemeanor. Unauthorized disclosure of such records for personal gain or for a malicious purpose is a Class E felony.

Backlinks (5)

History (2)

Acts 1995, ch. 532, § 1
1996, ch. 1054, §§ 58-62.

§ 36-1-126. Record kept under seal — Confidential records — Access to certain records — Preservation of records.

(a) After the entry of the final order of adoption, all adoption records, court reports, home studies, preliminary home studies, other reports, other documents or papers, or other information concerning the placement of a person for adoption, or other information concerning the litigation of the adoption, which information is in the office of the judge or clerk of the court where the adoption was filed, or any such records, reports, or documents in the offices of a licensed child-placing agency, a licensed clinical social worker, or in the county, regional, or state offices of the department of health, or in the county, district, and state offices of the department of children's services, must be placed and remain under seal, except as provided herein or in § 36-1-118(e)(4), or in title 68, and are confidential and must be disclosed only as provided in this part.
(b)
1. (1) Upon the granting of an adoption petition, all records and reports, home studies, and preliminary home studies or other information described in subsection (a) relating to the adoption proceeding and all records, reports, and other documents related to the child's placement with the department or the licensed or chartered child-placing agency or licensed clinical social worker and with the adoptive or prospective adoptive family that are in the offices of the department or in the offices of any Tennessee licensed child-placing agency or licensed clinical social worker, shall be forwarded by the county and district offices of the department's social services division and by the licensed child-placing agency or licensed clinical social worker involved in any such proceedings to the state office of the department, which shall place the records under seal and ensure safekeeping of the records.
2. (2) The licensed child-placing agency, chartered child-placing agency, or licensed clinical social worker shall, however, maintain a limited record that indicates the child's date of birth, the date the agency received the child for placement, from whom the child was received and that person's last known address, with whom the child was placed and that person's last known address, and the court in which the adoption proceeding was filed and the date the adoption order was entered.
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  36-1-102(42)(B)
  36-1-102(47)(A)(ii)
  36-1-102(48)(A)(iii)
3. (3) The information in the limited record shall be confidential and not open to inspection by any person, except as provided in this part. These records shall be maintained in a locked file or other secure depository by the agency or by the licensed clinical social worker or, if kept in electronic media, shall be maintained in a method that restricts access only to authorized agency personnel or the licensed clinical social worker. The limited record shall only be accessible to authorized agency personnel or the licensed clinical social worker or to authorized personnel of the department in the performance of its duties under this part or for inspection under the department's licensing duties, or as otherwise authorized by this part.
4. (4) For children not in the custody of the department, or upon request from the department for children in the custody of the department, upon entry of an order granting adoption, the clerk of the court where the adoption proceeding was initiated or filed shall forward a certified copy of the order to the adoptions unit in the state office of the department in Nashville.
5. (5)
  1. (A) Any licensed child-placing agency or licensed clinical social worker that or who plans to cease conducting its activities related to the adoptive placement of children, the conduct of home studies, or any other such adoption-related services, shall notify the adoptions unit of the state office of the department in Nashville by certified mail, return receipt requested, thirty (30) days in advance, and shall forward all records related to any adoption-related services it has performed to the department.
  2. (B) The department is specifically authorized to file a complaint and seek any necessary court orders, including injunctive relief of any kind, from any chancery or circuit court to preserve those records from loss or destruction and to obtain possession of those records for their preservation.
  3. (C) Upon receipt of the records, reports, home studies and other information, the department shall take any necessary steps to preserve the records, reports, home studies and other information in accordance with this part. These records, reports, home studies and other information shall be filed as a sealed adoption record or sealed record, and all such records shall be confidential, and shall be otherwise subject to the provisions for access as provided pursuant to this part.
6. (6)
  1. (A) The clerks of the courts of this state are specifically authorized to undertake efforts to locate in a public building in the clerks' respective counties any records of adoptions of any person by any court, including former county courts or any court that previously had adoption jurisdiction, which records may be in the control or possession of any person or entity. Upon location of these records, if a clerk determines that the information therein was the result of an adoption that was consummated and the clerk has no prior record of the adoption, then the clerk shall record the existence of this adoption record in a special docket book for this purpose, shall maintain the adoption petition, consents or surrenders, and the order in a file for that purpose under this part, and shall transmit to the department certified copies of the adoption petition, the surrenders and consents, and the order of adoption, and the originals of any remaining documents in the record that have been located.
  2. (B) Upon receipt of the record, the department shall take any necessary steps to preserve the record, and the record shall be treated as sealed adoption records pursuant to this part.
(c)
1. (1) The department shall register the sealed adoption record in such a manner as to record the names of the adopted person, the adopted person's birth name, the adopted person's date of birth and social security number, the names of the adoptive parents, and, if possible, any information concerning the names of birth parents of the adopted person that is readily accessible to the department, the court where the adoption was filed, the docket number of the court proceeding, and the date of the adoption decree; provided, that sealed records may continue to be registered and maintained under prior departmental procedures. The department may record such other information as the department deems necessary to maintain adequate information concerning the location of the sealed adoption record and the means to locate such record.
2. (2) The department must maintain the registration records in a secure manner so that no unauthorized persons may obtain access to the records. The sealed adoption records must be placed in a separate sealed folder or in a suitable electronic media format wherein the record can be held under a separate file name.
3. (3) Sealed records stored before July 1, 2023, must be stored with the division of records management of the department of state. Sealed records stored on or after July 1, 2023, must be stored by the department of children's services. Sealed records must be stored in a manner to protect and preserve the sealed adoption records, and the division of records management of the department of state and the department of children's services shall maintain proper security for the confidentiality of the sealed adoption records. If electronic methods are used to store the sealed adoption records, or for the recording of information contained in the sealed adoption records, then any necessary methods must be used to ensure the preservation and confidentiality of the electronic records.
(d)
1. (1) The department may open the adoption records, the sealed adoption records, sealed records, or post-adoption records, adoption assistance records, or limited records in subsection (b) in order to perform any duties required under this part, and any specific provision for access to such records contained herein shall not be construed as a limitation on the ability of the department to access such records for such purposes.
2. (2) Notwithstanding any law to the contrary, including § 68-3-313, the department shall, upon its request, be granted access to and shall be provided a copy of the original birth certificate or any order or record of adoption of the adopted person in the custody of the division of vital records.
3. (3) For purposes related to any federal or state audit relative to an adoption assistance program or an adoption assistance grant, the department may open any record for the sole and limited purpose of complying with the audit requirements of the federal or state program.
4. (4) For purposes related to the determination of eligibility of any child for adoption assistance, the departments of children's services and finance and administration, or any successor agencies responsible for the care of children in state custody or guardianship or for administration of the finances for children in state custody or guardianship, may open any adoption record, sealed adoption record, sealed record, post-adoption record, sealed home study records, or adoption assistance record for that limited purpose and may utilize any information in such records in any manner necessary for eligibility determination or adjudication of a claim for such assistance.
5. (5)
  1. (A) For purposes related to the determination of eligibility of any adopted person or any person placed for adoption for any federal or state benefit or any other benefits to which they may be entitled, or to provide to a Title IV-D child support office information necessary to verify the status of an adoption for purposes of determining a current or past child support obligation or for terminating a future obligation for child support, the departments of children's services and finance and administration, or any successor agencies responsible for the care of children in state custody or guardianship or for administration of the finances for children in state custody or guardianship, may open any adoption record, sealed adoption record, sealed record, post-adoption record, sealed home study records or any adoption assistance record and disclose any information contained in those records that may be necessary to permit determination of:
    1. (i) Eligibility for or correction of payments made to or on behalf of an adopted person; or
    2. (ii) The status of current, past or future child support obligations that are, or may be, due on behalf of any adopted person.
  2. (B) Any information released for any purpose of this subdivision (d)(5) shall be used only for the purposes stated in this subdivision (d)(5), and shall otherwise remain confidential in any agency or court records in which it may appear; and the information shall not be open to the public, except as otherwise provided by this part.
6. (6) The department may open or utilize for any purpose the adoption record, sealed adoption record, sealed record or the post-adoption record at any time in order to obtain any information concerning any person who may be placed in the custody or guardianship of the department or any other agency of the state or service provider of the state by any court or by the adopted person's parents, or who may be placed with the department or any other agency of the state or service provider of the state due to any resurrender of the adopted person to the department by the adopted person's adoptive parents or the person's prospective adoptive parents.
7. (7) The department may open the sealed adoption record or sealed record when a birth certificate in the adopted name was not issued and it becomes necessary to open the sealed adoption record to provide any information to the office of vital records to complete the birth certificate.
8. (8) The department, the department of general services, or their specifically authorized agents, may open the sealed adoption records, sealed records, or post-adoption records at any time it becomes necessary to perform any tasks related to the preservation of the records, and each department is specifically authorized to utilize any methodology that now exists or that may be developed in the future for the permanent preservation of a sealed adoption record, sealed record or post-adoption record, and they may open the records for the limited purpose of undertaking these preservation methods. This subdivision (d)(8) shall not authorize the release of any information contained in the records to any other person or entity except as specifically authorized by this part, or as may be directly related to the preservation of the records.
9. (9) After use of the records pursuant to this subsection (d), they shall be resealed and returned to storage.
(e) In the event of an appeal from any ruling of the trial court in the adoption proceeding, the clerk shall place the court's record of the adoption proceedings in a sealed file in a locked file or other secure depository or, in the event of the use of electronic storage, the records shall be maintained in a secure method of storage that restricts access only to the clerk and other persons authorized by the court. These records shall remain confidential and shall not be open to inspection by anyone other than the trial or appellate courts, the clerk, the parties to the proceeding, or the licensed child-placing agencies, or the licensed clinical social worker, or the department or other governmental agencies that have been involved in the case, except by order of the court.

Backlinks (9)

History (12)

Acts 1951, ch. 202, § 24 (Williams, § 9572.38)
1975, ch. 280, § 1
modified
T.C.A. (orig. ed.), § 36-130
§ 36-1-129
Acts 1995, ch. 532, § 1
1996, ch. 1054, §§ 63-79
1996, ch. 1079, § 69
2008, ch. 1162, § 2
2013, ch. 207, § 11
2021, ch. 101, §§ 5-10
2023, ch. 253, §§ 2-6.

§ 36-1-127. Availability of records to adopted persons and certain other persons for adoptions finalized or attempted prior to certain dates.

(a)
1. (1) On March 16, 1951, chapter 202 of the Public Acts of 1951 became effective. As a result, all records related to persons who had been adopted, all records concerning a person for whom any records were maintained and that may have related to an adoption or attempted adoption and that were treated by the department of human services, the former department of public welfare, the courts, the department of health, or any other information sources as a sealed record or sealed adoption record involving an adoption or attempted adoption of a person, became confidential, nonpublic records that were not made readily available to persons about whom the records were kept.
2. (2) It is the intent of the general assembly that all adoption records, court records, sealed records, or sealed adoption records, and post-adoption records and other records or information, except as may otherwise be provided in this part, and that are contained in any information source on and after January 1, 1996, and that were in existence on March 16, 1951, be made available to eligible persons as provided in this part, and that to that end this is remedial legislation.
3. (3) It is the further intent of the general assembly, in view of the testimony before the adoption study commission established by Senate Joint Resolution 17 of the Ninety-Eighth General Assembly (1993 session), which testimony demonstrated the great concern by many persons regarding the practices of certain Tennessee adoption agencies in earlier years, that any adoption records, sealed records, sealed adoption records or post-adoption records, or other records maintained at any time by the Tennessee children's home society or its branches or divisions, chartered on June 24, 1913, and authorized under chapter 113 of the Public Acts of 1919; and any branch or division thereof, including an organization known as the Tennessee children's home society-Shelby County division, which was referenced in the report of the Tennessee department of public welfare to Governor Gordon Browning dated June 12, 1951, shall also be made available to eligible persons in accordance with this part, whether such records were completed or sealed before, on, or after March 16, 1951, and whether any persons subject to the care and supervision of such agency or its branches were ever actually adopted, and to that end this is remedial legislation.
(b) Effective January 1, 1996, pursuant to the requirements of subsections (g) and (h), and subject to the restrictions in the following sections or subsections:
1. (1)
  1. (A) All adoption records, sealed records, sealed adoption records, post-adoption records, home studies, or any other records or papers, existing prior to March 16, 1951, and relating to the adoption or attempted adoption of a person, which adoption was finalized by completion of the adoption by the entry of an order of adoption or an order of dismissal of the adoption proceeding prior to March 16, 1951; or which adoption was otherwise never completed due to the abandonment, prior to March 16, 1951, of any further necessary activity related to the completion of the adoption, and which records were sealed or closed by the court before that date, or where the record or other evidence demonstrates that a person was surrendered for adoption prior to March 16, 1951; or
  2. (B) Any adoption records, sealed records, sealed adoption records, post-adoption records, or any other records or papers, existing prior to March 16, 1951, and relating to the adoption or attempted adoption of a person that before the effective date of chapter 532 of the Public Acts of 1995 [see Compiler's Notes], have been treated as, or have been determined by the department or any other information source to be, cases of adoptions finalized by the completion of the adoption by the entry of an order of adoption or by entry of an order of dismissal of the adoption prior to March 16, 1951; or that have been treated by or are determined by the department as finalized adoptions due to the abandonment, prior to March 16, 1951, of any further necessary activity related to the completion of the adoption, or where the record or other evidence demonstrates that a person was surrendered for adoption prior to March 16, 1951; or
2. (2) All adoption records, sealed records, sealed adoption records, post-adoption records, or any other papers or records, existing either before or after March 16, 1951, concerning a person who was subject to the care and supervision, or subject to placement for foster care or adoption, by any agency described in subdivision (a)(3), or which records were maintained by any child care or child-placing agency that had, either before or after March 16, 1951, subsequently assumed the care and supervision of a child who had previously been subject to the care and control of an agency described in subdivision (a)(3), whether or not the adoption of such person was the plan, whether the person was placed for the purpose of adoption or whether the adoption was finalized by entry of an order of adoption or by order of dismissal of the adoption, whether the adoption was attempted, or was otherwise never completed due to failure to file an adoption petition or due to the abandonment of any further necessary activity related to the completion of the adoption, either before or after March 16, 1951; and
3. (3) Which records are in the office of the clerk of the adoption court, in the offices of the department of health, in the office of any child-placing agency, whether or not it is chartered or licensed, in the state, district, or county offices of the department of children's services, or in any other information source, shall be made available to the following eligible persons:
  1. (A) An adopted person or a person subject to subdivision (b)(1) and (2) who is twenty-one (21) years of age or older for whom an adoption record, sealed record, sealed adoption record, post-adoption record, or other record or paper is, nevertheless, maintained;
  2. (B) The parents of any person described in subdivision (b)(3)(A);
  3. (C) The siblings of any person described in subdivision (b)(3)(A);
  4. (D) The lineal descendants, twenty-one (21) years or older, of any person described in subdivision (b)(3)(A);
  5. (E) The lineal ancestors of a person described in subdivision (b)(3)(A); or
  6. (F) The legal representatives of the person described in subdivisions (b)(3)(A)-(E).
(c) Effective July 1, 1996, pursuant to the requirements of subsections (g) and (h), and subject to the restrictions in the following sections or subsections:
1. (1)
  1. (A) All adoption records, sealed records, sealed adoption records, post-adoption records, or any other records or papers for a person relating to the adoption or attempted adoption of a person, which adoption was finalized by the completion of the adoption by the entry of an order of adoption or an order of dismissal of the adoption proceeding on or after March 16, 1951, or which records relate to an adoption or attempted adoption where the adoption petition was filed on or after March 16, 1951, or that was otherwise never completed, due to the abandonment, as determined by the department, on or after March 16, 1951, of any further necessary activity related to the completion of the adoption, and which records are in the office of the clerk of the adoption court, in the offices of the department of health, in the office of any child-placing agency, whether or not it is chartered or licensed, in the state, district, or county offices of the department of children's services, or in any other information source, shall be made available to the following eligible persons:
    1. (i) An adopted person or a person subject to subdivision (c)(1)(A) who is twenty-one (21) years of age or older on whom an adoption record, sealed record, sealed adoption record, post-adoption record, or other record or paper is maintained;
    2. (ii) The legal representative of a person described in subdivision (c)(1)(A)(i);
    Backlinks (11)
    
    36-1-134(a)(1)
    36-1-134(a)(2)
    36-1-134(b)
    36-1-135(a)
    36-1-135(d)
    36-1-136(a)(1)
    36-1-136(a)(2)
    36-1-136(b)(1)
    36-1-136(b)(2)
    36-1-137(a)
    36-1-138(c)(7)
  2. (B) Information from any records of an adopted person, or any person otherwise subject to subdivision (c)(1)(A) for whom records are otherwise maintained, shall be released by the department or any other information source only to the parents, siblings, lineal descendants, or lineal ancestors, of the adopted person or of a person for whom records are maintained as described in subdivision (c)(1)(A), and only with the express written consent given to the department by the adopted person or of a person for whom records are maintained as described in subdivision (c)(1)(A), twenty-one (21) years of age or older, or such person's legal representative; provided, that nothing herein shall be construed to prevent access to identifying information in the records of the adopted person as otherwise permitted or required pursuant to §§ 36-1-125, 36-1-126 and 36-1-138;
  3. (C) If an adopted person or a person for whom records are maintained as described in subdivision (c)(1)(A) is deceased or is disabled as defined for purposes of appointment of a conservator under title 34, the lineal descendants of such person may petition the court pursuant to § 36-1-138(c)(7), to be given access to the records of such person;
2. (2) [Deleted by 2021 amendment.]
3. (3) On July 1, 1996, the records access procedure established pursuant to subdivision (c)(1) and subsections (d)-(h) and other sections of this part shall become effective for access to records and contact by eligible persons under this part as set forth in subdivision (c)(1) and any other provisions of this part;
4. (4) Effective January 1, 1996, the basis for judicially-ordered opening of all records pursuant to this part shall be the provisions set forth in § 36-1-138 and any other relevant provisions of this part.
(d) [Deleted by 2021 amendment.]
(e)
1. (1) Except in cases arising pursuant to subsection (b) or § 36-1-138, no access to identifying information in any adoption record, sealed record, sealed adoption record, post-adoption record or adoption assistance record shall be granted:
  1. (A) To any parent, preadoptive guardian, sibling, lineal descendant or lineal ancestor of a person under twenty-one (21) years of age; or
  2. (B) At any time to any parent or preadoptive guardian, or to a sibling, lineal ancestor, or spouse or legal representative of the person whose rights were involuntarily terminated for cause in a termination of parental rights proceeding; or
    Backlinks (1)
    
    36-1-138(c)(6)
  3. (C) To any persons whom the sealed record, sealed adoption record or the post adoption record indicates were guilty of a crime of violence or neglect involving the person who was placed for adoption or who was the subject of the termination of parental rights by court action or by surrender or parental consent.
2. (2) Notwithstanding any other law to the contrary, no identifying information from the sealed records, sealed adoption records or post adoption records shall be released without the written consent of the biological parent if such records indicate that, with respect to the adopted person, the biological parent was the victim of rape or incest. If a biological parent for whom records contain such information is deceased or if a conservator of the person and property of such person has been appointed under title 34, the lineal descendants of such person may petition the court pursuant to the same procedures established pursuant to § 36-1-138(c)(7) to be given access to identifying information of the biological parent.
3. (3) Notwithstanding § 36-1-149 or another law to the contrary, no identifying information from the sealed records, sealed adoption records, or post-adoption records may be released if the biological parent of the adopted person has executed a request for redaction of identifying information, and the adopted person was less than six (6) months old at the time the request was executed. Such request for redaction must be made on a form created by the department, and may only be rescinded by submission of a sworn, notarized statement requesting such rescission. The rescission is effective upon the department's acknowledgment of receipt of the rescission.
(f) [Deleted by 2021 amendment.]
(g)
1. (1) Access by any eligible person under any subsection of this section to any records held by the department, the court, the department of general services or health, or any licensed child-placing agency or licensed clinical social worker may only be had after verification of the identity of the requesting party and written authorization by the department is received by those information sources from the department.
2. (2) If the department does not have a sealed record, sealed adoption record, or post-adoption record, and if the person seeking information concerning the history of an adopted person has a copy of the order of adoption from a Tennessee court, or in cases where the adoption was handled by any agency described in subdivision (a)(3), a copy of an order of adoption from any other court and/or any other proof of the person's care, supervision, or placement for adoption by any agency described in subdivision (a)(3), and any other proof of the adoption of the person in Tennessee, any of which, in the discretion of the department is satisfactory to prove that the person is an eligible person, the department may issue a statement to that person permitting that person to obtain access to any records held by any other information source.
(h)
1. (1) A request for access to an adoption record, sealed adoption record, sealed record, or a post-adoption record, pursuant to this section, shall be made in writing to the department.
2. (2) The writing shall include the following information:
  1. (A) The name, date of birth, address, and telephone number of the person requesting the access;
  2. (B) Information, including legal documents or affidavits, if available, that establish the person's legal relationship to any person under this section or that otherwise establishes the person's right to request access;
  3. (C) Any other information that the department requires to establish the person's identity, to locate records involving the requesting parties or the persons with whom contact may be sought, and to establish the person's right to request access; and
  4. (D) Identification of any person or persons or class of persons, if any, with whom the requesting party seeks contact; provided, that this provision shall not apply to persons seeking information pursuant to subsection (b).
3. (3) If the information in the written request does not establish the person's right to have access to the records, the department will search the sealed adoption and post-adoption records, including those of other alleged siblings, if available, for information that may establish the person's right to have such access.

Backlinks (10)

History (6)

Acts 1995, ch. 532, § 1
1996, ch. 1054, §§ 80-83, 86, 129
1996, ch. 1068, § 2
1996, ch. 1079, § 69
2021, ch. 101, §§ 11-16
2023, ch. 187, § 9.

§ 36-1-128. [Repealed]

History (4)

Acts 1995, ch. 532, § 1
1996, ch. 1054, §§ 84, 85, 114
2021, ch. 101, § 17
repealed by Acts 2021, ch. 101, § 17, effective July 1, 2022.

§ 36-1-129. [Repealed]

History (4)

Acts 1995, ch. 532, §§ 1, 19
1996, ch. 1054, §§ 97, 115
2021, ch. 101, § 17
repealed by Acts 2021, ch. 101, § 17, effective July 1, 2022.

§ 36-1-130. [Repealed]

History (4)

Acts 1995, ch. 532, § 1
1996, ch. 1054, §§ 87, 116-118
2021, ch. 101, § 17
repealed by Acts 2021, ch. 101, § 17, effective July 1, 2022.

§ 36-1-131. [Repealed]

History (4)

Acts 1995, ch. 532, § 1
1996, ch. 1054, § 88
2021, ch. 101, § 17
repealed by Acts 2021, ch. 101, § 17, effective July 1, 2022.

§ 36-1-132. [Repealed]

History (6)

Acts 1995, ch. 532, § 1
1996, ch. 1054, § 119
1996, ch. 1068, § 1
1998, ch. 1002, § 1
2021, ch. 101, § 17
repealed by Acts 2021, ch. 101, § 17, effective July 1, 2022.

§ 36-1-133. Release of nonidentifying information concerning biological or legal family.

(a) Upon written request of an adopted person eighteen (18) years of age or older or of the adoptive parents or guardian of an adopted person under eighteen (18) years of age, the biological or legal relatives of an adopted person, the lineal descendants of the adopted person, or the legal representatives of such persons, the department shall provide to such persons, upon proper identification of such persons by the department, nonidentifying information about the adopted person and such person's biological or legal relatives as may be contained in the adopted person's sealed adoption record, sealed record or post-adoption record.
Backlinks (1)
- 36-1-134(a)(1)
(b) The information that may be released shall include only the following; provided, that nothing in this section shall be construed to authorize or require the release of any information from a sealed adoption record, sealed record or post-adoption record if such information would lead to the discovery of the identity or whereabouts of the biological or legal relatives of the adopted person unless § 36-1-138 is applicable:
1. (1) The date and time of the birth of the adopted person and such person's weight and other physical characteristics at birth;
2. (2) The age of the adopted person's biological relatives at the time of such person's birth;
3. (3) The nationality, ethnic background, race and religious preference of the biological or legal relatives;
4. (4) The educational level of the biological or legal relatives, general occupation and any talents or hobbies;
5. (5) A general physical description of the biological or legal relatives, including height, weight, color of hair, color of eyes, complexion and other similar information;
6. (6) Whether the biological or legal parent had any other children, and if so, any available nonidentifying information about such children; and
7. (7) Available health history of the adopted person, and the person's biological or legal relatives, including specifically, any psychological or psychiatric information that would be expected to have any substantial effect on the adopted person's mental or physical health.
(c) Whenever the department releases information pursuant to this section and it appears from the record that the adopted person who has sought information has been adopted two (2) or more times, the department shall specify whether the information released pertains to the adopted person's birth parents or to any intervening adoptive parent or parents.

Backlinks (3)

History (8)

Acts 1982, ch. 668, § 1
T.C.A., § 36-141
§ 36-1-140
Acts 1995, ch. 532, § 1
1996, ch. 1054, §§ 89, 90, 120
2003, ch. 231, § 16
2015, ch. 199, § 1
2021, ch. 101, § 18.

§ 36-1-134. Transmission of information between affected parties — Access to records of deceased or disabled persons — Updating of information to allow contact.

(a)
1. (1) The department, or a licensed child-placing agency or the licensed clinical social worker that has had a prior relationship with the persons stated in § 36-1-133(a) through placement of a child or through a home study process and that maintains a limited record or post-adoption record, shall, subject to the written consent of each party and only in any situation where contact has been sought, transmit between an adopted person twenty-one (21) years of age or older or a person for whom records are maintained as described in § 36-1-127(c)(1)(A), or such person's legal representative, and such person's parent, sibling, lineal ancestor or lineal descendant any written, photographic, video or audio communication that such entity may have, and that is not contained in the records of the department, the licensed child-placing agency or the licensed clinical social worker, even if no direct contact is permitted or desired.
2. (2) If an adopted person or a person for whom records are maintained as described in § 36-1-127(c)(1)(A) is deceased, or is disabled as defined for purposes of appointment of a conservator under title 34, the lineal descendants of such person may petition the court pursuant § 36-1-138(c)(7), to be given access to the records of such person, and to transmit or receive the information permitted by this section.
(b) The adopted person or other persons for whom records are maintained as described in § 36-1-127(c)(1)(A), or such person's legal representative may, in writing from time-to-time to the department, a licensed child-placing agency, or the licensed clinical social worker, update such person's personal information, addresses, and telephone numbers in order to allow periodic contact by the department for subsequent search requests, or for other contact by the department or the licensed child-placing agency or the licensed clinical social worker.
(c) The licensed child-placing agency or licensed clinical social worker receiving any updated information pursuant to this section shall provide such information to the department to be included in the post-adoption record for future reference.

Backlinks (3)

History (3)

Acts 1995, ch. 532, § 1
1996, ch. 1054, § 98
2021, ch. 101, §§ 19, 20.

§ 36-1-135. Updated medical information in records — Searches for persons affected.

(a) The department shall update its post-adoption records with any medical, psychological or psychiatric information provided by an adopted person or a person for whom records are maintained, as described in § 36-1-127(c)(1)(A), eighteen (18) years of age or older, or such person's legal representative, or by such person's adoptive or legal parent if the adopted person or a person for whom records are maintained as described in § 36-1-127(c)(1)(A) is under eighteen (18) years of age, or which information is provided by any biological or legal relative of an adopted person or a person for whom records are maintained, as described in § 36-1-127(c)(1)(A), or such person's legal representative, which information concerns any of those persons; provided, that such information shall be provided in the form of a letter or other written evidence from a licensed health care professional or from a licensed health care facility that explains the health care status of persons who may be affected and why the transmission of such information to other persons is necessary.
(b) Upon receipt of the information under subsection (a), the department shall, at no charge to any of the persons listed under subsection (a), conduct a diligent search for the person or persons who may be affected and, if located, shall notify them, their parents, if applicable, or their legal representatives, if applicable, of the availability of and the nature of this information and those persons may request that the information be provided to them. In any case, copies of all such updated information shall be maintained in the post-adoption record for future use.
(c) If any of the persons listed in subsection (a) seek additional or updated information for a medically established need as determined by written evidence from a licensed health care professional or a licensed health care facility pursuant to the requirements of subsection (a), the department shall, at no charge, contact the persons who have access to or who have or may have knowledge of such information, and shall request the persons so contacted to provide such information to the department for transmittal to the treating professionals or health care facility of the requesting party. Such information shall be provided to the department by means of a specific release for a stated purpose and the release shall be time limited.
(d) Any notification required to be made by the department as part of a search and information request or transmittal pursuant to this section with an adopted person or with a person for whom records are maintained, as described under § 36-1-127(c)(1)(A), who is under eighteen (18) years of age shall be made with such person's adoptive or legal parent, or with the legal representative of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A), or with the parents or with the legal representative of the minor biological or legal relative of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A), and such parents or legal representatives shall make any decisions relative to release of information or provision of information pursuant to this section.

Backlinks (5)

History (2)

Acts 1995, ch. 532, § 1
1996, ch. 1054, § 121.

§ 36-1-136. Notification made as part of search, contact or identifying requests.

(a)
1. (1) Any notification required to be made as part of a search or a contact or an identifying request pursuant to this part for an adopted person or a person for whom records are maintained as described under § 36-1-127(c)(1)(A), shall be made with such persons who are twenty-one (21) years of age or older, except as otherwise provided by § 36-1-135, or with the legal representative of such persons.
2. (2) Any notification for search or contact requests involving the biological or legal relative, who is under twenty-one (21) years of age, of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A), shall be with the parents or legal representative of such biological or legal relative.
3. (3) Any notification involving any other persons who are subject to contact for search requests or contact requests under this part shall be made with those persons who are twenty-one (21) years of age or older or with the known legal representative of any such persons.
(b) Any decision to permit contact or to permit the disclosure of information authorized by this part to be disclosed under subsection (a) shall be made, as the case may be:
1. (1) By the adopted person or a person for whom records are maintained as described under § 36-1-127(c)(1)(A) and in subdivision (a)(1), twenty-one (21) years of age or older, or such person's legal representative, except as otherwise provided by § 36-1-135;
2. (2) By the parents or by the legal representative of the biological or legal relative in subdivision (a)(2), who is under twenty-one (21) years of age, of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A); or
3. (3) By those other persons in subdivision (a)(3) who are twenty-one (21) years of age or older or by the known legal representative of any such persons.

History (2)

Acts 1995, ch. 532, § 1
1996, ch. 1054, § 122.

§ 36-1-137. Inability of department to verify adoptive status of relationships — Waiting period to request further searches — Limitations on searches.

(a) If, after reviewing the sealed adoption records, the sealed records or the post-adoption records, and any other credible evidence, and after conducting a diligent search and making any other reasonable inquiries as to the adoptive status of a requesting party or the relationship of the biological or legal relatives to the adopted person or any person for whom records are maintained as described in § 36-1-127(c)(1)(A), or of the adopted person or any person for whom records are maintained as described in § 36-1-127(c)(1)(A), to a biological or legal relative, as the case may be, the department is unable to verify the requesting party's adoptive status or the legal, biological, or sibling relationships of the persons seeking to establish contact to the persons sought or the status of any legal representatives, then the department shall notify the requesting party of this fact and the basis for the inability to verify the relationship, but shall not provide access to any record to the requesting party, or otherwise authorize contact with the person sought or transmit information between any parties.
(b) No additional searches shall be required to be made pursuant to this part in an effort to establish relationships, status or contact for a period of six (6) months from the date of the department's response to the requesting party unless satisfactory evidence is presented to the department in the interim to justify additional searches or unless, in the department's discretion, circumstances warrant such further attempts.
(c) [Deleted by 2021 amendment.]
(d) No more than two (2) records search or contact attempts shall be required to be made by the department, unless, in the department's discretion, circumstances warrant further attempts.

History (3)

Acts 1995, ch. 532, § 1
1996, ch. 1054, § 91
2021, ch. 101, § 21.

§ 36-1-138. Court orders for the release of information from adoption and sealed records.

(a)
1. (1) Any necessary information in the files or the record of an adoption proceeding or in an adoption record, sealed adoption record, sealed record, post-adoption record or adoption assistance record may be disclosed pursuant to the requirements of subsection (c), to the party requiring it, upon a written, sworn motion before the court of original jurisdiction of the adoption proceeding, or, where the adoption proceeding is not yet filed, in the chancery or circuit court of the county where the record is located, or in the chancery or circuit court of any county that has a population of one hundred thousand (100,000) or greater, according to the 1990 federal census or any subsequent census.
2. (2) Jurisdiction for motions filed pursuant to subdivision (c)(5) shall be in the chancery court for Davidson County.
3. (3) If the court that had original jurisdiction was a county court or is a court that no longer exists, the chancery court for the county in which such court was established shall have jurisdiction to hear the motion, in addition to the circuit or chancery courts in counties with a population of one hundred thousand (100,000) or more, as established by the 1990 federal census or any subsequent census.
4. (4) The department, licensed child-placing agency or licensed clinical social worker shall, upon request of the party seeking such information, disclose to the party the court in which such proceeding was filed and the docket number, if known to the department, or the licensed child-placing agency, or the licensed clinical social worker, or shall disclose the county in which the adoption record, sealed adoption record, or sealed record is located.
(b) The motion must be served upon the commissioners of children's services and health by certified mail, return receipt requested, or by personal service upon the commissioners or a duly designated agent of either commissioner. The hearing shall not be held sooner than fifteen (15) days after the return receipt is dated or the date of personal service. Failure to obtain service on both commissioners, or any hearing held prior to the expiration of the fifteen-day service period, shall result in the order entered in the proceeding being void and of no effect whatsoever. Each commissioner shall be permitted to file a response and may appear through counsel to respond in writing or orally, and may appeal any resulting order.
(c) The record of the adoption proceeding, the adoption record, sealed adoption record, sealed record, post-adoption record or adoption assistance record may be opened, under whatever conditions the court shall determine necessary, if the court finds, for good cause shown, that the best interests of the adopted person or of the public require such disclosure, and that one (1) or more of the following requirements are met:
1. (1) The movant must show that information is needed for purposes of treating or preventing a physical, psychological or psychiatric condition affecting any person, which is clearly and specifically described by testimony or affidavit of a qualified treatment professional. For purposes of this section, “qualified treatment professional” means a person licensed by any state or federal authority or the duly authorized licensing body of any other government to provide treatment for physical, psychological or psychiatric conditions;
2. (2) The movant must show that the information is needed for purposes of establishing legal status or standing for inheritance or for property rights determinations or for the determination of legal relationships for third parties;
3. (3) The movant must show that the information is necessary for the movant to prosecute or defend a legal proceeding and that alternative information sources or other means of accomplishing this end are not available;
4. (4) The movant is any public agency that requires the disclosure of the information in such record for purposes directly related to its authorized duties and that such information cannot be obtained by any other method, or that further delay in obtaining information that may be contained in such record may result in harm to the adopted person, the adopted person's biological parent or parents or biological or legal relatives, or to the public;
5. (5) The movant is an individual who has sought disclosure under §§ 36-1-127, 36-1-133, 36-1-134 and 36-1-135, and claims to have been improperly denied access to the information so requested by the departments of children's services or health pursuant to those sections;
6. (6) The movant is an individual who alleges wrongful denial of access pursuant to § 36-1-127(e)(1)(B) or (C); or
7. (7) The movant is a lineal descendant of a deceased adopted person or a person for whom records are maintained as described in § 36-1-127(c)(1)(A) or is the lineal descendant of such a person who is disabled as defined for purposes of appointment of a conservator under title 34.
  Backlinks (3)
  
  36-1-127(c)(1)(C)
  36-1-127(e)(2)
  36-1-134(a)(2)
(d) In determining whether to order disclosure of information contained in the sealed adoption record, sealed record or the post-adoption record, the court shall conduct an in camera inspection of the records and shall permit disclosure of only such information as shall be necessary to fulfill the requirements of subsection (c).
(e) The departments of children's services or health may consent to the release of any sealed adoption records, sealed records or post-adoption records or records of birth under this section by an agreed order that is approved by the court if any of the conditions of subdivisions (c)(1) — (4) have been met or if the departments determine that they have been in error in refusing to release requested information pursuant to §§ 36-1-127, 36-1-133, 36-1-134 and 36-1-135.
(f)
1. (1) The court may, upon notice to the department of children's services pursuant to subsection (b), order the department to attempt to establish contact with any person or entity for the purpose of obtaining any updated medical information necessary to assist in the treatment of the adopted person or the adopted person's biological or legal relatives or any person who has filed a motion under this section.
2. (2) If the department obtains the information sought under this subsection (f), it will report this fact to the court and shall send such information directly to the qualified treatment professional who is providing care and treatment for the person who sought the information, unless the court, for good cause entered in the record, shall order otherwise.
(g) [Deleted by 2021 amendment.]
(h) This section is supplemental to the previous provisions of this part permitting access to records by eligible persons without court orders and shall not be construed to be restrictive of those provisions.

Backlinks (12)

History (9)

Acts 1951, ch. 202, § 26 (Williams, § 9572.40)
T.C.A. (orig. ed.), § 36-132
Acts 1985, ch. 40, §§ 1-3
1989, ch. 533, § 1
T.C.A., § 36-1-131
Acts 1995, ch. 532, § 1
1996, ch. 1054, §§ 92-96, 99, 123, 124
1996, ch. 1079, § 69
2021, ch. 101, §§ 22-24.

§ 36-1-139. Penalty for providing false information related to information requests.

Any person who or entity that knowingly provides false information to the department, a licensed child-placing agency or licensed clinical social worker, or the court in connection with any of the provisions of §§ 36-1-125 — 36-1-138 or § 36-1-141, or the rules and regulations of the department that establish procedures for search requests or access to records, commits a Class E felony.

History (1)

Acts 1995, ch. 532, § 1.

§ 36-1-140. Immunity for actions in good faith by department personnel and immunity of certain other persons.

(a) The actions of the personnel of the department, or the departments of health, finance and administration, and general services, or their successors, undertaken in the performance of their duties pursuant to §§ 36-1-125 — 36-1-138 or pursuant to § 36-2-318, or those actions of a licensed child-placing agency or licensed clinical social worker when acting pursuant to § 36-1-134, within the scope of its authority shall be presumed to be undertaken in good faith and the personnel of these departments or licensed child-placing agencies or the licensed clinical social worker and the officers and agents of the state shall thereby be entitled to absolute immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. The presumption shall only be overcome by clear and convincing evidence that the actions were malicious or were for personal gain.
(b) The absolute immunity of subsection (a) shall extend to information provided by any of the entities, their officers, personnel or agents under subsection (a) that is obtained from another source and that is either incorrect or false.
(c) No information that is released pursuant to this part concerning a biological or legal parent or guardian who voluntarily surrendered or consented to adoption of a child shall be the basis for any civil liability of the biological or legal parent or guardian.

Backlinks (1)

36-1-112(d)(3)(B)

History (1)

Acts 1995, ch. 532, § 1.

§ 36-1-141. Fees for searches, and copies — Promulgation of rules — Forms.

(a)
1. (1)
  1. (A) The department shall, by rules promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, establish fees or charges for conducting any search or record disclosure, except for those pursuant to § 36-1-135, and for transmission of any data in connection with such searches, for:
    1. (i) Providing any nonidentifying information; or
    2. (ii) [Deleted by 2021 amendment.]
    3. (iii) [Deleted by 2021 amendment.]
    4. (iv) Providing copies of documents.
  2. (B) The rules shall provide for waiver of any fees or charges based upon a person's ability to pay.
2. (2) Any fees or charges received by the department pursuant to this part shall be deposited with the state treasurer in accordance with § 9-4-301.
(b) The department shall, by rules promulgated pursuant to the Uniform Administrative Procedures Act, establish forms that shall be required for use by all Tennessee courts, agencies, and persons for:
1. (1) Surrenders and parental consents;
2. (2) Medical and social history information required by § 36-1-111;
3. (3) Revocation of surrenders and parental consents;
4. (4) Consents by minors or guardians ad litem required by § 36-1-117;
5. (5) Certifications of completion of counseling and the criteria for counseling and certifications of the completion of legal service required by § 36-1-111;
6. (6) Disclosure forms required pursuant to this part; and
7. (7) [Deleted by 2021 amendment.]
8. (8) Releases of information.
(c)
1. (1) The forms required by subsection (b) shall be promulgated pursuant to the Uniform Administrative Procedures Act, and shall be mandatory forms, and shall, notwithstanding any law to the contrary, be effective as emergency rules on the dates any of the sections of this part necessitating their promulgation become effective as provided by this part; provided, that the provisions of the Uniform Administrative Procedures Act, related to promulgation of such forms as permanent rules must be followed.
2. (2)
  1. (A) Unless otherwise specifically directed by the general assembly, no provision of chapter 1054 of the Public Acts of 1996, or any other law that may necessitate the modification of any of the mandatory forms that may be required by this part or any other title of Tennessee Code Annotated at any time shall require the modification of any existing form or use of any new form until the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation promulgates such form as a permanent rule and such rule is effective, or unless it is determined by the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation that such change must be made under any requirements of § 4-5-209.
  2. (B) No surrender, revocation, adoption or any other activity requiring the use of any form promulgated pursuant to this part shall be defective, void or invalid because it is undertaken using any form that is in effect as a promulgated and effective rule of the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation on the date of such action, whether or not any new or amended provision of chapter 1054 of the Public Acts of 1996, or any law has been enacted prior to the date of such action, until such form has been promulgated and is effective as a permanent rule, or as otherwise required by § 4-5-209. It is the intent of the general assembly to preclude in any manner questions concerning the validity of any adoption or related proceeding or procedure due to the failure or inability of the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation to make timely changes to such mandatory forms.
3. (3) Notwithstanding the provisions of the Uniform Administrative Procedures Act, or any other provision of chapter 1054 of the Public Acts of 1996, to the contrary, any forms promulgated by the department, or its successor state agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation, which forms are related to any provisions of this part for the implementation of the release of identifying information process involving the access to records pursuant to this part, shall be effective as emergency rules, following approval of such emergency rules by the attorney general and reporter, upon the date of the filing of such rules with the secretary of state; provided, that the provisions of the Uniform Administrative Procedures Act, relative to the promulgation of such rules as permanent rules must be followed.
(d) Any other rules required by the departments of children's services, health, and general services to effect implementation of this part upon the effective dates of any sections in this part, including rules establishing fees and charges for services, shall, notwithstanding any law to the contrary, be effective as emergency rules on the date of filing such rules; provided, that the provisions of the Uniform Administrative Procedures Act, related to promulgation of such rules as permanent rules must be followed.
(e) The departments of children's services, health, and general services shall be authorized to promulgate such other rules pursuant to the Uniform Administrative Procedures Act, as may be necessary for the implementation of this part.
(f) The departments of children's services, health and general services shall make master copies of all forms necessary for compliance with chapter 532 of the Public Acts of 1995, available to all clerks of courts with adoption or surrender jurisdiction, to the administrative office of the courts, to the department of children's services' county offices, to all licensed child-placing agencies and to any persons requesting them. Such master copies may then be duplicated and such exact duplicates shall be valid for any use required by this part. Master copies may, in addition, be provided to the clerks, the administrative office of the courts, the department of children's services' county offices, to all licensed child-placing agencies and to any persons requesting them by any suitable electronic medium as is deemed suitable to each of the departments for its purposes. Electronic facsimile copies of the forms prescribed under this section shall be valid for use as may be required.

Backlinks (7)

History (6)

Acts 1995, ch. 532, § 1
1996, ch. 1054, §§ 100, 101, 126
1996, ch. 1079, § 69
1998, ch. 1022, § 2
2009, ch. 566, § 12
2021, ch. 101, §§ 25-27.

§ 36-1-142. Voluntary delivery of infant — Notifications — Revocation of voluntary delivery — Termination of parental rights.

(a) Notwithstanding a law to the contrary and without complying with the surrender provision of this part, a facility or newborn safety device, as defined in § 68-11-255, shall receive possession of an infant aged fourteen (14) days or younger upon the voluntary delivery of the infant by the infant's mother, pursuant to § 68-11-255.
(b) The facility, a facility employee, or a member of the professional medical community at such facility, shall notify the department of children's services immediately after taking possession of an infant under this section. Upon notification, the department or the department's authorized designee shall immediately assume the care, custody, and control of such infant and shall petition the appropriate court for legal custody of such infant.
(c) The facility, a facility employee, or a member of the professional medical community at such facility shall notify the office of vital records of the voluntary delivery of the infant in accordance with this section and § 68-11-255. The office of vital records shall issue a birth certificate for the child in accordance with § 68-3-307, which will supersede and invalidate any previously issued birth certificate.
(d) Voluntary delivery of an infant pursuant to § 68-11-255 and failure of the mother voluntarily delivering such child to visit or seek contact with such infant for a period of thirty (30) days after the date of delivery, and failure to seek contact with the infant through the department or to revoke the voluntary delivery within thirty (30) days after notice was completed pursuant to this section, which shall cumulatively be no less than ninety (90) days from the date such child was voluntarily delivered to such facility or newborn safety device, shall be a basis for termination of parental rights pursuant to this part.
(e)
1. (1) A mother who voluntarily delivers an infant pursuant to § 68-11-255 may revoke such voluntary delivery by applying to a court that is qualified to receive a surrender pursuant to § 36-1-111 no later than thirty (30) days after notice was completed under subsection (f).
2. (2) After such thirty (30) days, no voluntary delivery pursuant to § 68-11-255 shall be set aside except upon clear and convincing evidence of duress, fraud or intentional misrepresentation.
(f)
1. (1) Within ten (10) days of receipt of an infant under this section, the department shall give notice once a week for four (4) consecutive weeks in a newspaper or other publication of general circulation in the county in which such voluntary delivery occurred. The department shall also give such notice in any other county for which there are any facts known to the department that reasonably indicate the infant's mother or father may be so located. The notice shall include information to provide an opportunity for the putative father to claim paternity and for the mother to revoke voluntary delivery. Such notice shall describe the infant, identify where and when voluntary delivery occurred, specify how and who to contact for follow up and provide any other relevant information.
2. (2) The notice shall specify that failure to seek contact with the infant through the department or to revoke the voluntary delivery within thirty (30) days of the date of the last publication of notice shall constitute abandonment of the infant and of the mother's interest.
3. (3) The notice shall specify that any father of such infant who fails to claim paternity by contacting the department or registering with the putative father registry pursuant to § 36-2-318 within thirty (30) days of the last publication shall be barred from thereafter bringing or maintaining any action to establish paternity of the infant. It shall also specify that such failure shall constitute abandonment of any right to notice of, or to a hearing in, any judicial proceeding for the adoption of such infant and that consent of such putative father shall not be required for adoption of the infant.
4. (4) If an infant is abandoned pursuant to § 68-11-255, then the department shall file a petition seeking termination of parental rights within ten (10) calendar days after the ninety-day period established in subsection (d) is completed. The court shall expedite the case and shall ensure that the hearing on the termination petition is heard within thirty (30) days of the date the petition is filed, unless the court determines an extension is in the best interest of the child.
Backlinks (1)
- 36-1-102(1)(A)(v)
(g) The department shall designate one (1) or more persons to serve as a contact in the event the mother requires additional information, including but not limited to the legal effect of voluntary delivery of the infant, revocation of voluntary delivery, availability of relevant social services and follow-up inquiries once the mother has left the facility. The department shall provide all facilities designated to receive infants under this section with the name, phone number and other necessary information regarding such contact person.

Backlinks (5)

History (4)

Acts 2001, ch. 388, § 2
2020, ch. 684, § 1
2022, ch. 1008, § 2
2023, ch. 293, § 2.

§ 36-1-143. Post-adoption services to support permanency in adoption.

(a) The department shall provide post-adoption services in order to reduce the risk of adoption dissolution and to support the goal of permanency in adoption.
(b) The department shall provide the following post-adoption services either directly or through purchase of service providers:
1. (1) Crisis intervention, including the provision of immediate assessment and time limited treatment in volatile situations and connecting families to long-term adoption sensitive treatment providers;
2. (2) Family and individual counseling, including the provision of mental health counseling to families and children to address issues challenging family communication, integration and other issues that may be threatening the family unit;
3. (3) Support groups for parents and children, including educational and recreational group experiences that bring families and children together who share the experience of the adoption process and are family strength focused;
4. (4) Advocacy, including information and referral services to assist families in navigating and accessing services through the community, educational, mental health and medical provider systems;
5. (5) Respite, including services that provide temporary, nonthreatening relief to families and children undergoing challenging circumstances and those in crisis;
6. (6) Case management services to stabilize volatile family situations, to develop short-term intervention plans and to connect the family with ongoing services and support systems; and
7. (7) Networking of families and community providers, including the provision of educational experiences that build a more adoption sensitive provider community to be aware of and responsive to families created through adoption.
(c) Post-adoption services are available to:
1. (1) Families who have adopted children for whom the department had legal responsibility immediately preceding the adoption; and
2. (2) Biological families of children adopted through the department.
(d) Nothing in this section shall be construed to prevent access to records of the adopted person as otherwise permitted or required by this part.
(e) It is the legislative intent that this section shall be carried out subject to the availability of funds with which to do so and that this section shall not be implemented beyond budgetary limitations.

History (1)

Acts 2009, ch. 521, § 1.

§ 36-1-144. Categories of information to be provided to adoptive family.

(a) To provide full disclosure about a child to be adopted from the department's guardianship, the department shall provide to the adoptive family the following categories of information, to the extent that they are available:
1. (1) Historical and current health information;
2. (2) Historical and current educational information;
3. (3) Historical and current mental and behavioral health information;
4. (4) Nationality, ethnic background, race, and religious preference;
5. (5) Other information required for the adoptive family to evaluate its ability to provide appropriate care for the child, including daily routine, social and emotional well-being, and personality;
6. (6) Relevant information about the child's experience in foster care and reasons for coming into care;
7. (7) Pertinent prenatal and birth information, including birth date, time of birth, weight, and other physical characteristics at birth; and
8. (8) A general physical description, including height, weight, hair color, eye color, and any other information related to the child's physical appearance.
(b) The department shall also provide the following categories of nonidentifying information about the child's biological or legal family, to the extent that they are available:
1. (1) Historical and current health information;
2. (2) Historical and current educational and occupational information;
3. (3) Historical and current mental and behavioral health information;
4. (4) Nationality, ethnic background, race, and religious preference; and
5. (5) A general physical description, including height, weight, hair color, eye color, and any other information related to the physical appearance of the child's biological or legal family.
(c) Nothing in this section shall be construed to authorize or require the release of information that may lead to the discovery of the identity or location of the biological or legal relatives of the child to be adopted.

History (1)

Acts 2015, ch. 199, § 2.

§ 36-1-145. Written contract for post-adoption contact between certain parties — Requirements — Enforcement — Modification — Termination.

(a) A prospective adoptive parent or an adoptive parent and a biological parent; or a prospective adoptive parent or an adoptive parent, a biological parent, and a child who is fourteen (14) years of age or older who is being adopted or who has been adopted, may voluntarily enter into a written contract for post-adoption contact that permits continued contact between legal relatives and the child. Unless expressly designated as a moral agreement only and that the agreement is not intended to be legally enforceable, a written agreement executed in accordance with this section is a contract for post-adoption contact, and is enforceable pursuant to this section. A subject child fourteen (14) years of age or older is a necessary party to a contract for post-adoption contact and is deemed to have the capacity to enter into a contract for purposes of this section.
(b) A contract for post-adoption contact may provide for privileges regarding an adopted child, including, but not limited to, visitation with the child, contact with the child, sharing of information about the child, or sharing of information about biological parents or adoptive parents.
(c) A contract for post-adoption contact must be in writing and signed by all parties to the agreement and is enforceable pursuant to this section. A verbal agreement or written statement not signed by all parties is not enforceable under this section. A provision of a contract for post-adoption contact permitting contact between an adopted child and a person legally restrained from contact with the child, or with children generally, is not enforceable under this section. A contract for post-adoption contact becomes enforceable under this section upon finalization of the anticipated adoption. Unless the parties state otherwise in the contract, a contract for post-adoption contact may be enforceable until the child being adopted reaches eighteen (18) years of age.
(d) As used in this section, “parties” means the prospective adoptive parent or adoptive parent, the biological parent, and the child if the child is fourteen (14) years of age or older at the time of the contract, but excludes any third-party beneficiary to the contract.
(e) A contract for post-adoption contact must contain the following warnings in at least fourteen (14) point boldface type:
1. (1) After the entry of an order of adoption, an adoption cannot be set aside due to the failure of an adoptive parent, a biological parent, or the child to follow the terms of this contract or a later change to this contract; and
2. (2) A disagreement between the parties or litigation brought to enforce or modify this contract shall not affect the validity of the adoption and cannot serve as a basis for orders affecting the custody of the child.
(f) Except as otherwise provided in subdivision (j)(5), the court issuing the order of adoption has continuing jurisdiction over enforcement or modification of a contract for post-adoption contact.
(g) A party to a contract for post-adoption contact may file the original contract with the court having jurisdiction over the adoption if the contract provides for court enforcement or if the contract is silent as to the issue of enforcement. A contract filed with the adoption court must be filed in the adoption action, unless an action to enforce the contract is filed. An action to enforce the contract is a new and independent action.
(h) A contract for post-adoption contact may be modified or terminated by voluntary execution of a modification or termination agreement by all living parties to the original contract. A modified contract for post-adoption contact may be filed with the court if the contract provides for court enforcement or the contract is silent as to enforcement.
(i) A court shall not set aside an order of adoption, rescind a waiver of interest or surrender, or modify an order terminating parental rights due to the failure of a party to comply with any or all the original terms of, or subsequent modifications to, a contract for post-adoption contact.
(j) A biological parent shall not petition the court for modification of a contract for post-adoption contact. Only the adoptive parent or the child may petition the court to modify a contract for post-adoption contact. For purposes of this section, a petition to terminate a post-adoption contract will be considered a petition for modification of the contract. Any party may petition the court for enforcement of a contract for post-adoption contact. Enforcement or modification of an enforceable contract for post-adoption contact must be initiated by an appropriate party as follows:
1. (1) By delivering a letter, by certified mail or personal service, to all other parties to the contract stating with reasonable particularity the enforcement or modification sought and the reason for such request;
2. (2) The party against whom enforcement or modification is sought has thirty (30) days after receipt of the letter to provide a response;
3. (3) If no response is received within thirty (30) days, or the response is not satisfactory to the party initiating enforcement or modification, the adoptive parent must seek and obtain, at the parent's own expense, a written opinion from a licensed psychological professional holding a certification equal to or greater than that of clinical social worker as to the child's best interests on the issue or issues raised and a recommendation as to whether any or all of the requested enforcement or modification should occur, including any other recommendations based on the child's best interests regarding the child's relationship to the parties. The opinion of the psychological professional must be completed and provided to the other parties by the adoptive parents within ninety (90) days of the delivery of the initial notice;
4. (4) If the professional recommendation does not result in a resolution of the issues, or if the adoptive parent fails to obtain the opinion of a psychological professional within the time provided, the parties shall attend mediation within thirty (30) days of the release of the written recommendation or within one hundred twenty (120) days of the delivery of the initial notice. The parties may agree on a mediator, or a party otherwise authorized to do so under this section may file a petition for modification or enforcement of the contract before the court that issued the order of adoption and request appointment of a mediator. The adoptive parent is responsible for the mediation costs; and
5. (5) If the issues raised are not resolved after two (2) mediation sessions, the mediation reaches an impasse as determined by the mediator, or the opposing party refuses to participate in mediation, a party, if permitted under this section, may petition the court that issued the order of adoption for relief. If the court that issued the order of adoption is not a Tennessee court and a biological parent residing in Tennessee is seeking enforcement of a contract for post-adoption contact, then the biological parent may petition for enforcement of the contract in a court with adoption jurisdiction in the county where the biological parent resides. If at that time no party resides in this state, the petition may be filed in a court with adoption jurisdiction where the child resides. Tennessee law applies to enforcement of contracts made pursuant to this section regardless of where the action is filed. The burden of proof is on the party seeking enforcement or modification. The standard of proof is a preponderance of the evidence. The best interests of the child must be the court's primary test for determining whether the contract should be modified or enforced, but the good faith of all parties, any change in circumstances since the contract was executed, and each party's compliance with the contract to date, are also relevant considerations. The court may consider such other evidence as is appropriate to reach an equitable resolution.
(k) Any further requests for enforcement or modification based on the same or similar allegations made by the same party must be filed at the expense of the moving party directly in the court that granted the order for adoption. A party determined by the court to be noncompliant must overcome a presumption of bad faith.
(l) Court costs and attorney fees incurred by any party to the contract and the fees of any attorney for the child incurred under subsection (j)(5) may be taxed to all or any parties. The good faith and means of each party are to be primary considerations for apportionment of fees and expenses.
(m) Should an adoptive parent lose legal custody of the child, the process in this section to enforce a contract for post-adoption contact must be suspended until such time as custody is restored. However, a subsequent custodian may choose to comply with the contract as a moral agreement.
(n)
1. (1) A guardian ad litem appointed for the subject child in a contested termination of parental rights is not a necessary party to a contract for post-adoption contact. Parties to a proposed agreement shall offer the guardian ad litem an opportunity to participate in the negotiation of the agreement and to review the final agreement before it is executed, and shall provide to the guardian ad litem a copy of the contract for post-adoption contact after it is executed.
2. (2) If the contract for post-adoption contact is part of an agreed resolution to a contested termination of parental or guardianship rights action, then the child's guardian ad litem shall advocate for the best interest of the child before the execution of the agreement. The guardian ad litem may request a hearing before the court, prior to resolution of the termination of parental or guardianship rights action, to offer evidence regarding whether the contract for post-adoption contact serves the child's best interest. The court may consider the terms of a contract for post-adoption contact in determining whether termination of parental or guardianship rights is in the best interest of the child.
3. (3) A contract for post-adoption contact may not expand or extend the duties of the guardian ad litem after the final resolution of the case in which the guardian ad litem is appointed. If a court determines that a child requires a guardian ad litem in an action to enforce or modify a contract for post-adoption contact, the court may make a new guardian ad litem appointment.

Backlinks (4)

History (2)

Acts 2019, ch. 35, § 2
2020, ch. 525, §§ 10, 11.

§ 36-1-146. Rebuttable presumption that guardian ad litem's fees divided equally between parties.

If a court appoints a guardian ad litem in a pending adoption proceeding, there will be a rebuttable presumption that the guardian ad litem's fees shall be divided equally between the parties, excluding the person being adopted; provided, that if a party is found by the court to be indigent, the guardian ad litem shall charge that party's portion of the fees to the state through the administrative office of the courts claims and payment system, and bill the remaining parties at the same hourly rate as paid by the administrative office of the courts claims and payment system.

History (1)

Acts 2019, ch. 409, § 1.

§ 36-1-147. Private licensed child-placing agencies.

(a) To the extent allowed by federal law, no private licensed child-placing agency shall be required to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency's written religious or moral convictions or policies.
(b) To the extent allowed by federal law, the department of children's services shall not deny an application for an initial license or renewal of a license or revoke the license of a private child-placing agency because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies.
(c) To the extent allowed by federal law, a state or local government entity shall not deny to a private licensed child-placing agency any grant, contract, or participation in a government program because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies.
(d) Refusal of a private licensed child-placing agency to perform, assist, counsel, recommend, consent to, refer, or participate in a placement that violates the agency's written religious or moral convictions or policies shall not form the basis of a civil action for either damages or injunctive relief.

History (1)

Acts 2020, ch. 514, § 1.

§ 36-1-148. Immunization not condition of adoption — Exceptions.

(a) The department shall not require an individual or members of the individual's household to undergo an immunization as a condition of adopting unless the child is under eighteen (18) months of age or has significant documented medical needs that would necessitate the caregiver or members of the caregiver's household being immunized.
(b) If an individual or member of the individual's household objects to an immunization on the basis of religious or moral convictions, then the exceptions in subsection (a) must not apply and the department shall not require the individual or member of the individual's household to undergo any immunization as a condition of adopting.

History (2)

Acts 2021, ch. 375, § 1
2024, ch. 699, § 1.

§ 36-1-149. Confidential adoption record as public records and open to inspection after 100 years have elapsed.

Notwithstanding § 36-1-102, § 36-1-125, § 36-1-126, § 36-1-127, § 68-3-313, or another law to the contrary, all adoption records, sealed adoption records, and unsealed adoption records deemed to be confidential pursuant to this part will be a public record and open to inspection when one hundred (100) years have elapsed since the date the adoption was finalized. If an adoption was not finalized, or the date the adoption was finalized is not clearly indicated in the adoption record, then the adoption record will be a public record and open to inspection when one hundred (100) years have elapsed since the creation of the oldest dated item in the adoption record.

Backlinks (1)

36-1-127(e)(3)

History (1)

Acts 2022, ch. 937, § 15.

Part 2 Interstate Compact on Adoption and Medical Assistance

§ 36-1-201. Terms of compact.

The Interstate Compact on Adoption and Medical Assistance is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows:
1. 1. INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE
    1. Article I. Findings
      1. The party states find that:
        
        (1) In order to obtain adoptive families for children with special needs, prospective adoptive parents must be assured of substantial assistance (usually on a continuing basis) in meeting the high costs of supporting and providing for the special needs and services required by such children;
        
        (2) The states have a fundamental interest in promoting adoption for children with special needs because the care, emotional stability and general support and encouragement required by such children to surmount their physical, mental or emotional conditions can be best, and often only, obtained in family homes with a normal parent-child relationship;
        
        (3) The states obtain advantages from providing adoption assistance because the customary alternative is for the state to defray the entire cost of meeting all the needs of such children;
        
        (4) The special needs involved are for the emotional, physical maintenance of the child, and medical support and services; and
        
        (5) The necessary assurance of adoption assistance for children with special needs, in those instances where children and adoptive parents are in states other than the one undertaking to provide the assistance, is to establish and maintain suitable substantive guarantees and workable procedures for interstate payments to assist with the necessary child maintenance, procurement of services, and medical assistance.
    2. Article II. Purposes
      1. The purposes of this compact are to:
        
        (1) Strengthen protections for the interest of the children with special needs on behalf of whom adoption assistance is committed to be paid, when such children are in or move to states other than the one committed to make adoption assistance payments; and
        
        (2) Provide substantive assurances and procedures which will promote the delivery of medical and other services on an interstate basis to children through programs of adoption assistance established by the laws of the party states.
    3. Article III. Definitions
      1. As used in this compact, unless the context clearly requires a different construction:
        
        (1) “Adoption assistance” means the payment or payments for maintenance of a child, which payment or payments are made or committed to be made pursuant to the adoption assistance program established by the laws of a party state;
        
        (2) “Adoption assistance state” means the state that is signatory to an adoption assistance agreement in a particular case;
        
        (3) “Child with special needs” means a minor who has not yet attained the age at which the state normally discontinues children's services or twenty-one (21) years of age, where the state determines that the child's disabilities warrant the continuation of assistance, for whom the state has determined the following:
        
        (A) That the child cannot or should not be returned to the home of the child's parents;
        
        (B) That there exists with respect to the child a specific factor or condition (such as the child's ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical condition or disabilities) because of which it is reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance;
        
        (C) That, except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance payments;
        
        (4) “Parents” means either the singular or plural of the word “parent;”
        
        (5) “Residence state” means the state of which the child is a resident by virtue of the residence of the adoptive parents; and
        
        (6) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States.
    4. Article IV. Adoption Assistance
      1. (1) Each state shall determine the amounts of adoption assistance and other aid which it will give to children with special needs and their adoptive parents in accordance with its own laws and programs. The adoption assistance and other aid may be made subject to periodic reevaluation of eligibility by the adoption assistance state in accordance with its laws. The provisions of this Article and of Article V are subject to the limitation set forth in this paragraph.
      2. (2) The adoption assistance and medical assistance services and benefits to which this compact applies are those provided to children with special needs and their adoptive parents from the time of the final decree of adoption or the interlocutory decree of adoption, as the case may be, pursuant to the laws of the adoption assistance state. In addition to the content required by subsequent provisions of this Article for adoption assistance agreements, each such agreement shall state whether the initial adoption assistance period thereunder begins with the final or interlocutory decree of adoption. Aid provided by party states to children with special needs during the preadoptive placement period or earlier shall be under the foster care or other programs of the states and, except as provided in paragraph 3 of this Article, shall not be governed by the provisions of this compact.
      3. (3) Every case of adoption assistance shall include an adoption assistance agreement between the adoptive parents and the agency of the state undertaking to provide the adoption assistance. Every such agreement shall contain provisions for the fixing of actual or potential interstate aspects of the adoption assistance, as follows:
        
        (A) An express commitment that the adoption assistance shall be payable without regard for the state of residence of the adoptive parents, both at the outset of the agreement period and at all times during its continuance;
        
        (B) A provision setting forth with particularity the types of child care and services toward which the adoption assistance state will make payments;
        
        (C) A commitment to make medical assistance available to the child in accordance with Article V of this compact; and
        
        (D) An express declaration that the agreement is for the benefit of the child, the adoptive parents and the state and that it is enforceable by any or all of them.
      4. (4) Any services or benefits provided by the residence state and the adoption assistance state for a child may be facilitated by the party states on each other's behalf. To this end, the personnel of the child welfare agencies of the party states will assist each other and beneficiaries of adoption assistance agreements with other party states in implementing benefits expressly included in adoption assistance agreements. However, it is recognized and agreed that in general children to whom adoption assistance agreements apply are eligible for benefits under the child welfare, education, rehabilitation, mental health and other programs of their state of residence on the same basis as other resident children.
      5. (5) Adoption assistance payments, when made on behalf of a child in another state, shall be made on the same basis and in the same amounts as they would be made if the child were in the state making the payments.
    5. Article V. Medical Assistance
      1. (1) Children for whom a party state is committed in accordance with the terms of an adoption assistance agreement to make adoption assistance payments are eligible for medical assistance during the entire period for which such payments are to be provided. Upon application therefor by the adoptive parents of a child on whose behalf a party state's duly constituted authorities have entered into an adoption assistance agreement, the adoptive parents shall receive a medical assistance identification made out in the child's name. The identification shall be issued by the medical assistance program of the residence state and shall entitle the child to the same benefits, pursuant to the same procedures, as any other child who is a resident of the state and covered by medical assistance, whether or not the adoptive parents are eligible for medical assistance.
      2. (2) The identification shall bear no indication that an adoption assistance agreement with another state is the basis for issuance. However, if the identification is issued on account of an outstanding adoption assistance agreement to which another state is a signatory, the records of the issuing state and the adoption assistance state shall show the fact, shall contain a copy of the adoption assistance agreement and any amendment or replacement therefor, and all other pertinent information. The adoption assistance and medical assistance programs of the adoption assistance state shall be notified of the identification issuance.
      3. (3) A state which has issued a medical assistance identification pursuant to this compact, which identification is valid and currently in force, shall accept, process and pay medical assistance claims thereon as on any other medical assistance eligibilities of residents.
      4. (4) An adoption assistance state which provides medical services or benefits to children covered by its adoption assistance agreements, which services or benefits are not provided for those children under the medical assistance program of the residence state, may enter into cooperative arrangements with the residence state to facilitate the delivery and administration of such services and benefits. However, any such arrangements shall not be inconsistent with this compact nor shall they relieve the residence state of any obligation to provide medical assistance in accordance with its laws and this compact.
      5. (5) A child whose residence is changed from one (1) party state to another party state shall be eligible for medical assistance under the medical assistance program of the new state of residence.
    6. Article VI. Joinder and Withdrawal
      1. (1) This compact shall be open to joinder by any state. It shall enter into force as to a state when its duly constituted and empowered authority has executed it.
      2. (2) In order that the provisions of this compact may be accessible to and known by the general public and so that its status as law in each of the party states may be fully implemented the full text of the compact, together with a notice of its execution, shall be caused to be published by the authority which has executed it in each party state. Copies of the compact shall be made available upon request made of the executing authority in any state.
      3. (3) Withdrawal from this compact shall be by written notice sent by the authority which executed it to the appropriate officials of all other party states, but no such notice shall take effect until one (1) year after it is given in accordance with the requirements of this paragraph.
      4. (4) All adoption assistance agreements outstanding and to which a party state is signatory at the time when its withdrawal from this compact takes effect shall continue to have the effects given to them pursuant to this compact, until they expire or are terminated in accordance with their provisions. Until such expiration or termination, all beneficiaries of the agreements involved shall continue to have all rights and obligations conferred or imposed by this compact and the withdrawing state shall continue to administer the compact to the extent necessary to accord and implement fully the rights and protections preserved hereby.

History (2)

Acts 1985, ch. 35, § 1
2011, ch. 47, §§ 27, 28.

§ 36-1-202. Amount of assistance.

The amounts of adoption assistance and other aid that Tennessee will provide to children with special needs in accordance with Article IV of the Interstate Compact on Adoption and Medical Assistance shall be determined in accordance with § 37-5-106(a)(13).

History (1)

Acts 1985, ch. 35, § 2.

§ 36-1-203. Documentation of eligibility.

For the purpose of determining eligibility for any benefit under this part from the state of Tennessee, the adoptive parents of any child on whose behalf benefits are sought shall annually furnish the department of children's services documentation establishing that the adoption assistance agreement continues in force or has been renewed.

History (2)

Acts 1985, ch. 35, § 3
1996, ch. 1079, § 69.

§ 36-1-204. Applicability of part.

This part shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. Eligibility of all other children for assistance pursuant to adoption assistance agreements entered into by this state shall be determined in accordance with the laws and regulations applicable thereto.

History (1)

Acts 1985, ch. 35, § 4.

§ 36-1-205. Violations — Penalties.

Whoever knowingly obtains, or attempts to obtain, or aids, or abets any person to obtain, by means of a willfully false statement or representation or by impersonation, or other fraudulent device, any assistance on behalf of a child or other person pursuant to the Interstate Compact on Adoption Assistance and Medical Assistance to which such child or other person is not entitled or assistance greater than such child or other person is entitled, commits a Class E felony.

History (2)

Acts 1985, ch. 35, § 5
1989, ch. 591, § 32.

§ 36-1-206. Construction — Compliance with federal laws.

This compact shall, insofar as practical, be construed to be in compliance with all federal laws governing adoption assistance and payment for medical assistance. In the event subsequent changes in federal law or regulations necessitate changes in the text of the compact, the commissioner of children's services is authorized to promulgate such regulations as may be necessary to alter the terms of the compact to comply with federal law or regulations.

History (2)

Acts 1985, ch. 35, § 6
1996, ch. 1079, § 69.

Part 3 [Repealed]

§ 36-1-301. [Repealed]

History (3)

Acts 1998, ch. 1022, § 1
2021, ch. 101, § 28
repealed by Acts 2021, ch. 101, § 28, effective July 1, 2022.

§ 36-1-302. [Repealed]

History (3)

Acts 1998, ch. 1022, § 1
2021, ch. 101, § 28
repealed by Acts 2021, ch. 101, § 28, effective July 1, 2022.

§ 36-1-303. [Repealed]

History (3)

Acts 1998, ch. 1022, § 1
2021, ch. 101, § 28
repealed by Acts 2021, ch. 101, § 28, effective July 1, 2022.

§ 36-1-304. [Repealed]

History (3)

Acts 1998, ch. 1022, § 1
2021, ch. 101, § 28
repealed by Acts 2021, ch. 101, § 28, effective July 1, 2022.

§ 36-1-305. [Repealed]

History (3)

Acts 1998, ch. 1022, § 1
2021, ch. 101, § 28
repealed by Acts 2021, ch. 101, § 28, effective July 1, 2022.

Chapter 2 Parentage

Part 3 Parentage and Legitimation

§ 36-2-301. Statement of purpose.

This chapter provides a single cause of action to establish parentage of children other than establishment by adoption pursuant to chapter 1 of this title, or by acknowledgement of parentage pursuant to § 68-3-203(g), § 68-3-302 or § 68-3-305(b).

History (1)

Acts 1997, ch. 477, § 1.

§ 36-2-302. Chapter definitions.

As used in this chapter, unless the context otherwise requires:
1. (1) “Child born out of wedlock” means a child born to parents who are not married to each other when the child was born;
2. (2) “Court” means the juvenile court or any trial court with general jurisdiction;
3. (3) “Father” means the biological father of a child born out of wedlock;
4. (4) “Mother” means the biological mother of a child born out of wedlock;
5. (5) “Parent” means the biological mother or biological father of a child, regardless of the marital status of the mother and father; and
6. (6) “Father,” “mother,” and “parent” do not include a biological parent whose parental rights have been terminated for a child whose parentage is at issue.

History (1)

Acts 1997, ch. 477, § 1.

§ 36-2-303. Custody with mother absent an order of custody.

Absent an order of custody to the contrary, custody of a child born out of wedlock is with the mother.

Backlinks (4)

History (1)

Acts 1997, ch. 477, § 1.

§ 36-2-304. Presumption of parentage.

(a) A man is rebuttably presumed to be the father of a child if:
1. (1) The man and the child's mother are married or have been married to each other and the child is born during the marriage or within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
2. (2) Before the child's birth, the man and the mother have attempted to marry each other in compliance with the law, although the attempted marriage is or could be declared illegal, void and voidable;
3. (3) After the child's birth, the man and the mother have married or attempted to marry each other in compliance with the law although such marriage is or could be declared illegal, void, or voidable; and:
  1. (A) The man has acknowledged his paternity of the child in a writing filed under the putative father registry established by the department of children services, pursuant to § 36-2-318;
  2. (B) The man has consented in writing to be named the child's father on the birth certificate; or
  3. (C) The man is obligated to support the child under a written voluntary promise or by court order;
4. (4) While the child is under the age of majority, the man receives the child into the man's home and openly holds the child out as the man's natural child; or
5. (5) Genetic tests have been administered as provided in § 24-7-112, an exclusion has not occurred, and the test results show a statistical probability of parentage of ninety-five percent (95%) or greater.
(b)
1. (1) Except as provided in subdivision (b)(2), a presumption under subsection (a) may be rebutted in an appropriate action.
2. (2)
  1. (A) If the mother was legally married and living with her husband at the time of conception and has remained together with that husband through the date a petition to establish parentage is filed and both the mother and the mother's husband file a sworn answer stating that the husband is the father of the child, any action seeking to establish parentage must be brought within twelve (12) months of the birth of the child. In the event that an action is dismissed based upon the filing of such a sworn answer, the husband and wife who filed such sworn answer shall be estopped to deny paternity in any future action.
  2. (B) A petition to establish parentage may be brought under this part if a dismissal of a petition under the prior legitimization statutes was based upon the mother's marriage to another man at the time of conception or upon the petitioner's lack of standing. In such cases, the requirements of subdivision (b)(2)(A) requiring a petition to be filed within twelve (12) months of the birth of the child shall not apply. It is the intent of the general assembly that putative fathers who filed a cause of action under this chapter prior to the July 1, 1997, effective date of Acts 1997, ch. 477, and whose action was so dismissed, shall have an opportunity to prosecute a single cause of action under this part. Thus, the doctrines of res judicata and collateral estoppel shall not bar such new or pending action, nor shall any statute of limitation that may have run bar such new or pending action. It is the clear and unequivocal intent of the general assembly that this provision shall be applied retroactively to such petitions to establish parentage. No such retroactive application shall, however, abrogate § 36-1-122.
3. (3) The standard of proof in an action to rebut paternity shall be by preponderance of the evidence.
4. (4) In any case, except terminations of parental rights or adoptions under this title or title 37, in which the paternity of a child is at issue and an agreed order or divorce decree has been entered finding that an individual is not the parent of the child, the finding shall not be entitled to preclusive effect unless the finding was based upon scientific tests to determine parentage that excluded the individual from parentage of the child in question.
(c) All prior presumptions of parentage established by the previous paternity and legitimation statutes and cases are abolished.

Backlinks (1)

36-1-102(30)(C)

History (4)

Acts 1997, ch. 477, § 1
1998, ch. 1098, § 8
1999, ch. 339, § 1
2000, ch. 922, § 4.

§ 36-2-305. Agreement to establish parentage — Complaint to establish parentage — Parties — When action may be brought — Order of protection.

(a) The court may enter an order of parentage upon the agreement of the mother and father unless the court on its own motion orders genetic testing. In any such agreement, the mother and father must affirmatively acknowledge their parentage of the child. Any agreement under this part shall comply with the requirements of § 36-2-311.
(b)
1. (1) Absent an agreement or an acknowledgement of parentage as prescribed by § 68-3-203(g), § 68-3-302, or § 68-3-305(b), a complaint to establish parentage may be filed. Except as hereinafter provided, Tennessee Rules of Civil Procedure shall govern all actions under this subsection (b).
2. (2) A complaint to establish parentage of a child may be filed by:
  1. (A) The child, if the child has reached the age of majority, or if the child is a minor, the child through a guardian or next friend;
  2. (B) The child's mother, or if the mother is a minor, the mother's personal representative, parent, or guardian;
  3. (C) A man claiming to be the child's father, or if the man is a minor, the man's parent, guardian, or personal representative;
  4. (D) The department of human services or its contractor.
3. (3) One (1) man or several men may be named as the father. The naming of one (1) man as father does not preclude a later suit against another man if the court finds that the first man is not the father of the child.
4. (4) If an action under this section is brought before the birth of the child, all proceedings may be stayed until after the birth, except service of process, the taking of depositions to preserve testimony, and the performance of genetic testing.
5. (5) If the alleged father threatens or attempts to harm the complainant in any manner, the court may enter an order of protection pursuant to chapter 3, part 6 of this title. Nothing in this subsection (b) shall be construed to alter or increase the jurisdiction of the juvenile courts to issue orders of protection except when the parties are before the court in connection with a complaint filed pursuant to this chapter.
6. (6) The action may be commenced by service of a summons as in civil cases and tried as a civil action. In the alternative, notice of the filing of the complaint shall be delivered to the defendant or the defendant's representative or shall be sent to the defendant at the defendant's last known address. If the defendant fails to make an appearance or file an answer to the complaint, the court may proceed as in civil cases or may issue a warrant for the apprehension of the defendant, directed to any officer in this state authorized to execute warrants, commanding such officer without delay to apprehend the defendant and bring the defendant before the court for the purpose of having an adjudication as to the paternity of the child, and such warrant may be issued to any county of this state.

History (2)

Acts 1997, ch. 477, § 1
2001, ch. 447, § 1.

§ 36-2-306. Statute of limitations.

An action to establish the parentage of a child may be instituted before or after the birth of the child and until three (3) years beyond the child's age of majority. This chapter shall not affect the relationship of parent and child as established in § 31-2-105.

History (1)

Acts 1997, ch. 477, § 1.

§ 36-2-307. Jurisdiction — Venue.

(a)
1. (1) The juvenile court or any trial court with general jurisdiction shall have jurisdiction of an action brought under this chapter; provided, that, in any county having a population not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000), according to the 1990 federal census or any subsequent federal census, only the juvenile court shall have jurisdiction of an action brought under this chapter.
2. (2) The court shall have statewide jurisdiction over the parties involved in the case.
(b) Any minimum contact relevant to a child's being born out of wedlock that meets constitutional standards shall be sufficient to establish the jurisdiction of the courts of Tennessee over the parents for an action under this chapter. Any conduct in Tennessee that results in conception of a child born out of wedlock shall be deemed sufficient contact to submit the parents to the jurisdiction of the courts of Tennessee for action under this chapter.
(c)
1. (1) The complaint may be filed in the county where the father resides or is found, the county where the mother resides or is found, or the county in which the child resides or is present when the application is made. However, a man who seeks to establish parentage of a child who is the subject of a pending petition for adoption pursuant to chapter 1, part 1 of this title, must file this petition in the court where the adoption petition is filed.
2. (2) Any complaint to establish parentage that may be filed or that is pending in any court subsequent to the filing of an adoption petition involving the same child shall be transferred for any further proceedings to the court where the adoption proceedings are pending on motion of any party to the paternity complaint or the adoption petition, on the court's own motion, or upon the request of the court in which an adoption petition is pending.
3. (3) The adoption court shall have exclusive jurisdiction to determine the issues relating to the parentage of the child.
4. (4) Any order of parentage entered by any court other than the adoption court subsequent to the date of the adoption petition is filed shall be void, unless the adoption petition is denied or dismissed.

Backlinks (1)

36-1-117(b)(1)

History (2)

Acts 1997, ch. 477, § 1
1998, ch. 1098, § 9.

§ 36-2-308. Conduct of trial — Expedited hearings.

(a) The trial shall be without a jury.
(b) Hearings under this section shall be expedited on the court's civil docket.
(c) Upon proper motion, default judgment shall be entered against the defendant upon showing of service of process on the defendant where the defendant has failed to answer or make an appearance within thirty (30) days of service of process.
(d) Bills for the mother's care during pregnancy and childbirth and genetic testing shall be admissible without requiring third party foundation testimony and shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child.

History (1)

Acts 1997, ch. 477, § 1.

§ 36-2-309. Tests to determine parentage.

(a) Tests for parentage in actions arising pursuant to this part or in any actions to determine parentage shall be conducted pursuant to § 24-7-112.
(b) The state of Tennessee, its officers, employees, agents or contractors shall not be liable to any person for, nor be ordered to refund to any person, any moneys received pursuant to an order entered pursuant to this part that is subsequently set aside by the court due to a finding of nonpaternity of the person previously adjudicated as the child's father. Nothing in this subsection (b) shall preclude the issuance of a judgment against the mother or actual biological father of the child or children in favor of the person subsequently found not to be the father of a child or children.

History (2)

Acts 1997, ch. 477, § 1
1998, ch. 1098, § 10.

§ 36-2-310. Temporary order of support.

The court shall, upon motion of the party, enter a temporary order of child support pending the final determination of paternity upon a showing of clear and convincing evidence of parentage on the basis of genetic tests.

History (1)

Acts 1997, ch. 477, § 1.

§ 36-2-311. Order of parentage.

(a) Upon establishing parentage, the court shall make an order declaring the father of the child. This order shall include the following:
1. (1) Full names and residential and mailing addresses of the mother, father and child, if known;
  Backlinks (1)
  
  36-2-313(b)
2. (2) Dates of birth and social security numbers of the mother, father and the child, if known;
3. (3) Father's place of birth, if known;
4. (4) Home telephone number of the mother and the father, if known;
5. (5) Driver license numbers of mother and father, if known;
6. (6) Name, address and telephone number of mother and father's employers, if known;
7. (7) Availability of health insurance to cover the child, if known;
8. (8) Determination of the child's name on the child's birth certificate;
9. (9) Determination of the custody of the child pursuant to chapter 6 of this title;
10. (10) Determination of visitation or parental access pursuant to chapter 6 of this title;
11. (11)
  1. (A) Determination of child support pursuant to chapter 5 of this title. When making retroactive support awards pursuant to the child support guidelines established pursuant to this subsection (a), the court shall consider the following factors as a basis for deviation from the presumption in the child support guidelines that child and medical support for the benefit of the child shall be awarded retroactively to the date of the child's birth:
    1. (i) The extent to which the father did not know, and could not have known, of the existence of the child, the birth of the child, his possible parentage of the child or the location of the child;
    2. (ii) The extent to which the mother intentionally, and without good cause, failed or refused to notify the father of the existence of the child, the birth of the child, the father's possible parentage of the child or the location of the child; and
    3. (iii) The attempts, if any, by the child's mother or caretaker to notify the father of the mother's pregnancy, or the existence of the child, the father's possible parentage or the location of the child;
  2. (B) In cases in which the presumption of the application of the guidelines is rebutted by clear and convincing evidence, the court shall deviate from the child support guidelines to reduce, in whole or in part, any retroactive support. The court must make a written finding that application of the guidelines would be unjust or inappropriate in order to provide for the best interests of the child or the equity between the parties;
  3. (C) Deviations shall not be granted in circumstances where, based upon clear and convincing evidence:
    1. (i) The father has a demonstrated history of violence or domestic violence toward the mother, the child's caretaker or the child;
    2. (ii) The child is the product of rape or incest of the mother by the father of the child;
    3. (iii) The mother or caretaker of the child, or the child has a reasonable apprehension of harm from the father or those acting on his behalf toward the mother, the child's caretaker or the child; or
    4. (iv) The father or those acting on his behalf, have abused or neglected the child;
  4. (D) Nothing in this subdivision (a)(11) shall limit the right of the state of Tennessee to recover from the father expenditures made by the state for the benefit of the child, or the right, or obligation, of the Title IV-D child support agency to pursue retroactive support for the custodial parent or caretaker of the child where appropriate;
  5. (E) Any amounts of retroactive support ordered that have been assigned to the state pursuant to § 71-3-124 shall be subject to the child support distribution requirements of 42 U.S.C. § 657. In such cases, the court order shall contain any language necessary to allow the state to recover the assigned support amounts;
  6. (F) In making any deviations from awarding retroactive support, the court shall make written findings of fact and conclusions of law to support the basis for the deviation, and shall include in the order the total amount of retroactive support that would have been paid retroactively to the birth of the child, had a deviation not been made by the court;
  7. (G)
    1. (i) In any action for retroactive child support filed on or after July 1, 2017, retroactive child support shall not be awarded for a period of more than five (5) years from the date the action for support is filed unless the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a longer time period of retroactive support is in the interest of justice is on the custodial parent. Good cause includes, but is not limited to, the following:
      1. (a) The noncustodial parent deliberately avoided service or knowingly impeded or delayed the imposition of a support obligation;
      2. (b) The noncustodial parent used threats, intimidation, or force to prevent or delay the imposition of a support obligation; or
      3. (c) The custodial parent reasonably feared that the establishment of parentage would result in domestic abuse, as defined in § 36-3-601;
    2. (ii) The court may award retroactive child support for less than the five-year-period required by subdivision (a)(11)(i) if the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a shorter time period of retroactive support is in the interest of justice is on the noncustodial parent;
    3. (iii) Upon a finding of good cause in accordance with this subdivision (a)(11)(G), the court may order retroactive support from the date the court determines to be equitable and just;
    4. (iv) The presumption that child support for the benefit of the child be awarded retroactively to the date of the child's birth contained in the child support guidelines shall not apply to any action in which this subdivision (a)(11)(G) is applicable;
    5. (v) Nothing in this subdivision (a)(11)(G) limits any claim for retroactive child support owed to the department of human services;
12. (12) Determination of liability for funeral expense to either or both parties, if the child is deceased;
13. (13) Determination of liability for a mother's reasonable expenses for her pregnancy, confinement and recovery to either or both parties; and
14. (14) Determination of the liability for counsel fees to either or both parties after consideration of all relevant factors.
(b) This order may include the following:
1. (1) An order of protection; and
2. (2) Any provision determined to be in the best interests of the child.
(c) All provisions of chapter 5 of this title that relate to child support and § 50-2-105 shall apply to support orders issued in any action under this chapter.
(d)
1. (1)
  1. (A) When the court enters an order in which the paternity of a child is determined or support is ordered, enforced or modified for a child, each individual who is a party to any action pursuant to this part shall be immediately required to file with the court and, if the case is a Title IV-D child support case, shall immediately file with the local Title IV-D child support office, for entry into the state registry of support cases, and shall update, as appropriate, the parties' and, for subdivisions (d)(1)(A)(i)-(iii), the child's or children's:
    1. (i) Full name and any change in name;
    2. (ii) Social security number and date and place of birth;
    3. (iii) Residential and mailing addresses;
    4. (iv) Home telephone numbers;
    5. (v) Driver license number;
    6. (vi) The name, address, and telephone number of the person's employer;
    7. (vii) The availability and cost of health insurance for the child; and
    8. (viii) Gross annual income.
  2. (B) The requirements of this subdivision (d)(1) may be included in the court's order.
2. (2) Each individual who is a party must update changes in circumstances of the individual for the information required by subdivision (d)(1) within ten (10) days of the date of such change. At the time of the entry of the first order pertaining to child support after July 1, 1997, clear written notice shall be given to each party of the requirements of this subsection (d), procedures for complying with this subsection (d) and a description of the effect or failure to comply. Such requirement may be noted in the order of the court.
3. (3) In any subsequent child support enforcement action, the delivery of written notice as required by Rule 5 of the Tennessee Rules of Civil Procedure to the most recent residential or employer address shown in the court's records or the Title IV-D agency's records as required in subdivision (d)(1) shall be deemed to satisfy due process requirements for notice and service of process with respect to that party if there is a sufficient showing and the court is satisfied that a diligent effort has been made to ascertain the location and whereabouts of the party.
(e) Upon motion of either party, upon a showing of domestic violence or the threat of such violence, the court may enter an order to withhold from public access the address, telephone number, and location of the alleged victim or victims or threatened victim or victims of such circumstances. The clerk of the court shall withhold such information based upon the court's specific order but may not be held liable for release of such information.

Backlinks (3)

History (4)

Acts 1997, ch. 477, § 1
1998, ch. 1098, § 11
2003, ch. 361, § 1
2017, ch. 419, § 1.

§ 36-2-312. Custody and visitation issues.

(a) In any case that is brought by the department of human services or its contractors, the Title IV-D child support office shall have no authority to represent the state of Tennessee on issues of custody or parental access. The fact that custody and parental access are sought in a petition that is filed by the department or its contractors to comply with this part, or that the court orders the department or its contractors to enter the finding of fact or the conclusions of law of the court relative to a custody or parental access determination in its order, shall not be deemed to make the department or its contractors responsible for presenting any evidence on these issues or to have any continuing duty to present evidence on these issues in any subsequent hearing. The department or its contractors shall have the duty to inform the individuals in the Title IV-D case that the department or its contractors will not provide legal assistance relative to custody or parental access and that the individual has a right to independent counsel for such representation.
(b) The department may apply for and utilize any federal grants for the purpose of implementing a pilot project for access and visitation programs. The department may contract with other persons or entities to establish the pilot projects that will be administered by the department; provided, that in establishing any such pilot project through contract, the department shall give preference to existing family preservation services programs, family resource centers, headstart programs and other established programs for children.

History (1)

Acts 1997, ch. 477, § 1.

§ 36-2-313. Inheritance of child from father — Information to commissioner of health — Recovery of fees paid by the department of health — New birth certificates.

(a) When, under this chapter, the relationship of father and child is established, the child shall be entitled to inherit from the father as if born to the father in wedlock.
(b) When an order of parentage has been entered, the clerk of the court shall transmit to the commissioner of health, on a form prescribed by the commissioner, a written notification as to such order, together with such other facts as may assist in identifying the birth record of the child whose parentage is at issue. The form shall contain at a minimum the information required by § 36-2-311(a)(1)-(8). If such order shall be abrogated by a later judgment or order of the same or a higher court, that fact shall be immediately communicated in writing to the commissioner, on a form prescribed by the commissioner, by the clerk of the court that entered such order, if the information is available in the court records.
(c) The court shall include in each order of parentage an order that the nonprevailing party or, if parentage was not contested, the person who is being confirmed as the father of the child by the order of parentage, pay into the court an amount equal to the sum of any fees required to be paid by the department of health, or any successor to the department, for the processing or issuance of a birth certificate. Any money paid into court pursuant to this subsection (c) shall be received by the clerk and paid out by the clerk as required by subsection (d).
(d) When an order of parentage has been entered, the clerk of the court shall immediately transmit a certified copy of the order and the completed application for a new certificate of birth by parentage to the registrar of vital records, who shall issue a new certificate of birth by parentage in conformity with the rules and regulations of the department of health. Upon receipt of the fee required by the department of health, the clerk shall transmit the fee to the registrar of vital records. Notwithstanding any law or regulation to the contrary, the registrar shall not be required to issue a new certificate of birth until the fee is paid.

History (3)

Acts 1997, ch. 477, § 1
1998, ch. 1098, § 73
2007, ch. 138, § 1.

§ 36-2-314. Expedited hearings and appeals in contested child custody cases involving unmarried parties.

(a) In all contested custody cases involving unmarried parties and where a paternity test by an accredited laboratory is known to exist or has been requested of or by the court, the court shall, consistent with due process, expedite the contested custody proceeding by entering such scheduling orders as are necessary to ensure that the case is not delayed, and such case must be given priority in setting a final hearing of the proceeding and must be heard at the earliest possible date over all other civil litigation other than contested adoption and termination of parental rights cases pursuant to § 36-1-124 and child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6.
(b) In all contested custody cases involving unmarried parties that are appealed from the decision of a trial court, the appellate court shall, consistent with its rules, expedite the contested custody case if a paternity test by an accredited laboratory is a part of the record, by entering such scheduling orders as are necessary to ensure that the case is not delayed, and such case must be given priority over all other civil litigation, other than contested adoption and termination of parental rights cases pursuant to § 36-1-124 and child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6.
(c) It is the intent of the general assembly that the permanency of the placement of a child who is the subject of a contested custody proceeding involving unmarried parties and a paternity test by an accredited laboratory not be delayed any longer than is absolutely necessary consistent with the rights of all parties, but that the rights of the child to permanency at the earliest possible date be given priority over all other civil litigation other than adoption and termination of parental rights cases pursuant to § 36-1-124 and child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6.

History (1)

Acts 2022, ch. 1028, § 1.

§ 36-2-315. Appeals.

An appeal from any final order of parentage as provided for in this chapter may be taken to the court of appeals pursuant to the Tennessee Rules of Appellate Procedure.

History (1)

Acts 1997, ch. 477, § 1.

§ 36-2-316. Discrimination against children born out of wedlock — Penalty.

(a) No child born out of wedlock shall be deprived of any civil benefit afforded to other citizens by law.
(b) Any person, including any employee or official of any governmental agency, who deprives any person of any civil benefit afforded to other citizens by law, by reason of the child being born out of wedlock, commits a Class C misdemeanor.

History (1)

Acts 1997, ch. 477, § 1.

§ 36-2-317. Official references to illegitimacy.

No explicit references shall be made to illegitimacy in any legal proceeding, record, certificates or other papers except the departments of human services and health may keep records of out-of-wedlock births.

History (1)

Acts 1997, ch. 477, § 1.

§ 36-2-318. Putative father registry.

(a) The department of children's services shall establish a putative father registry, which shall be maintained by the department's adoptions unit in the department's state office in Nashville.
(b) The registrar of the division of vital records of the department of health shall notify the department's registry of all orders of parentage received by the registrar pursuant to § 36-2-311, or of any acknowledgements of parentage received by the registrar pursuant to § 68-3-203(g), § 68-3-302 or § 68-3-305(b), on a form or by any electronic information exchange method agreed upon by the commissioners of children's services and health. Such notification shall occur on a daily basis in order to update the putative father registry on a current basis.
(c) The registry shall contain the names of the persons listed in subdivision (e)(3) and any other information required in subdivisions (e)(1)-(3).
(d)
1. (1) Putative fathers contained on the registry must be given notice by the petitioners in proceedings for the adoption of a child and, except as they may waive their rights under subsection (f), must have their parental rights to the child terminated prior to entry of an adoption order, as may be required pursuant to chapter 1, part 1 of this title, unless they have executed a surrender, waiver of interest, or parental consent as provided in chapter 1, part 1 of this title.
2. (2) Nothing in this section shall be construed to eliminate the requirement to terminate the parental rights of any person if such person meets all of the requirements of a legal parent pursuant to § 36-1-117, even if such person is not registered.
(e) The registry shall contain the names of the following persons:
1. (1) Those persons, their addresses, if available, the name of the child, and the name of the biological mother of the child, if available, for whom the registrar of the division of vital records has a record that an order of parentage has been entered involving any person and those persons for whom the registrar has a record of any acknowledgement of parentage executed under § 68-3-203(g), § 68-3-302 or § 68-3-305(b), and their addresses, if available, the name of the child, and the name of the biological mother of the child appearing on the acknowledgment;
2. (2) Those persons who have filed with the registry a certified copy of a court order from this state or any other state or territory of the United States or any other country that adjudicates such person to be a father of a child born out of wedlock, and those persons who have filed with the registry a copy of a sworn acknowledgement of parentage executed pursuant to the law of this state or pursuant to the law of any other state or territory or any other country; or
3. (3) Those persons who have filed only a written notice of intent to claim paternity of a child with the putative father registry either prior to, or within thirty (30) days after, the birth of such child.
  Backlinks (1)
  
  36-1-102(45)(B)
(f)
1. (1) Those persons who have filed only a written notice of intent to claim parentage of a child pursuant to subdivisions (e)(2) and (3) shall include with such notice of such person's name, current address and current telephone number, if any, and, if filed under subdivision (e)(3), shall include the name of the child, if known, for whom such person claims parentage and the name of the child's biological mother and the current legal or physical custodian, and their address and telephone number, if known, any other information that may identify the child and the child's whereabouts. This information shall be maintained on the registry.
2. (2) The person filing written notice of intent to claim parentage pursuant to subdivision (e)(3) shall be responsible for notifying the registry of any change of address and telephone number within ten (10) days of that change. Failure to do so within the ten-day period shall constitute a waiver of any right to notice of any proceedings for the adoption of the child for whom the person seeks to claim parentage, unless such person is otherwise entitled to notice pursuant to § 36-1-117(b) or [former] (c) [repealed].
  Backlinks (1)
  
  36-1-102(45)(B)
(g) A person who has filed a notice of intent to claim parentage under subdivision (e)(3) may revoke the notice at any time in writing to the registry, and upon receipt of such notification by the registry, the notice of intent to claim parentage shall be deemed a nullity as of the date it is filed.
(h) Any notice of intent to claim parentage filed under subsection (e), whether revoked or still in effect, may be introduced in evidence by any other party, other than the person who filed such notice, in any proceeding in which the parentage of a child may be relevant, including proceedings seeking payment of child support, medical payments on behalf of the child, or any other payments, or that may involve the payment of damages involved in connection with such parentage.
(i) Any putative father listed on the registry pursuant to subdivisions (e)(1)-(3) by the department shall be notified by the department, based upon the information filed with the registry, of any proceedings for the adoption of any child or the termination of parental rights of any child of which the department's state office adoption unit has actual notice of filing and for whom the registrant has made a claim of parentage, unless the putative father has previously executed an unrevoked surrender of the child or waiver of interest pursuant to § 36-1-111, or has consented to the child's adoption in accordance with chapter 1, part 1, of this title, or unless the putative father's parental rights have been terminated by court action.
(j) A putative father listed on the registry and entitled to notice of pending adoption or termination proceedings under subdivision (e)(3) shall have thirty (30) days from the receipt of such notice to file a complaint for parentage or to intervene in the adoption proceedings or termination of parental rights proceedings for the purpose of establishing a claim to parentage of the child or to present a defense to the termination or adoption case. The failure of such putative father to file a petition to intervene shall be sufficient cause for the court where the adoption proceedings or termination proceedings are pending to terminate the parental rights, if any, of such putative father pursuant to § 36-1-113(g)(9)(A)(v).
Backlinks (1)
- 36-1-113(g)(9)(A)(v)
(k) At the time a person files a written notice of intent to claim paternity under subsection (e), the registry shall notify such person of the provisions of §§ 68-11-255, 36-1-142, 36-1-102(1)(A)(v), and [former] 37-2-402(1)(A)(v), concerning abandoned infants and shall inform such person that it is the duty of such person to make appropriate inquiries concerning any possibly relevant birth.

Backlinks (6)

History (4)

Acts 1997, ch. 477, § 1
2001, ch. 388, § 6
2019, ch. 36, § 30
2023, ch. 363, §§ 9-12.

§ 36-2-319. Enrollment of child in supporting party's health care plan.

(a) In any case in which the court enters an order of support in a case enforced under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), the court shall enter an order providing for health care coverage to be provided for the child or children.
(b) Section 36-5-501(a)(3) shall apply with respect to enrollment of a child in the noncustodial parent's employer-based health care plan.

Backlinks (1)

36-5-1001(a)(3)

History (2)

Acts 1997, ch. 551, § 23
2001, ch. 447, § 2.

§ 36-2-320. License revocation requests.

In establishing paternity or enforcing any provision of child support, if the party seeking to establish paternity or to enforce an order of support specifically prays for revocation of a license, or if the court determines on its own motion or on motion of the party seeking to establish paternity or seeking to enforce an order of support that an individual party has failed to comply with a subpoena or a warrant in connection with the establishment of paternity or enforcement of an order of support, the court may invoke the provisions of § 36-5-101(f)(5).

History (1)

Acts 1997, ch. 551, § 26.

§ 36-2-321. Limitations period for child support payment orders.

Judgments for child support payments for each child subject to the order for child support pursuant to this part shall be enforceable without limitation as to time.

History (1)

Acts 1997, ch. 551, § 46.

§ 36-2-322. Payment of overdue support for children receiving assistance.

In any case in which a child is receiving assistance under a state program funded under the Social Security Act, Title IV-A (42 U.S.C. § 601 et seq.), including, but not limited to, temporary assistance as provided under title 71, chapter 3, part 1, and the payment of support for such child is overdue, then, the department of human services may issue an administrative order, directing an individual who owes overdue support to such a child to pay the overdue support in accordance with a plan for payment of all overdue support or to engage in work activities, as otherwise required and defined by § 36-5-113.

Backlinks (2)

History (2)

Acts 1997, ch. 551, § 49
1998, ch. 1098, § 12.

Part 4 Parentage of Children Born of Donated Embryo Transfer

§ 36-2-401. Single means of establishing parentage — Legislative intent.

This chapter provides a single means to establish parentage of children born of donated embryo transfer to recipient intended parent. It is intended to promote the interests of children who may be born as a result of donated embryo transfer. It is the intent that no adoption pursuant to chapter 1 of this title or no parentage pursuant to chapter 3 of this title shall be required to create parentage in recipient intended parent pursuant to this part.

History (1)

Acts 2013, ch. 309, § 1.

§ 36-2-402. Part definitions.

As used in this part:
1. (1) “Embryo” or “human embryo” means an individual fertilized ovum of the human species from the single-cell stage to eight-week development;
2. (2) “Embryo parentage” means the acceptance of rights and responsibilities for an embryo by a recipient intended parent;
3. (3) “Embryo relinquishment” or “legal transfer of rights to an embryo” means the relinquishment of rights and responsibilities by the person or persons who hold the legal rights and responsibilities for an embryo;
4. (4) “Embryo transfer” means the medical procedure of physically placing an embryo into the uterus of a female recipient intended parent;
5. (5) “Legal embryo custodian” means the person or entity, including an embryo transfer clinic, who hold the legal rights and responsibilities for a human embryo and who relinquishes said embryo to another person; and
6. (6) “Recipient intended parent” means a person or persons who receive a relinquished embryo and who accepts full legal rights and responsibilities for such embryo and any child that may be born as a result of embryo transfer.

History (1)

Acts 2013, ch. 309, § 1.

§ 36-2-403. Establishing embryo parentage — Relinquishment of rights and responsibilities.

(a)
1. (1) A legal embryo custodian may relinquish all rights and responsibilities for an embryo prior to embryo transfer. A written contract shall be entered into as appropriate when establishing embryo parentage prior to embryo transfer for the legal transfer of rights to an embryo and to any child that may result from the embryo transfer:
  1. (A) Between legal embryo custodians and the embryo transfer clinic; or
  2. (B) Between a legal embryo custodian and each recipient intended parent.
2. (2) The contract shall be signed, as appropriate, by each legal embryo custodian for such embryo, by the embryo transfer clinic or by each recipient intended parent in the presence of a notary public. Initials or other designations may be used if the individuals desire anonymity.
(b) If the embryo was created using donor gametes, the sperm or oocyte donors who irrevocably relinquished their rights in connection with in vitro fertilization shall not be entitled to any notice of the embryo relinquishment, nor shall their consent to the embryo relinquishment be required.
(c) Upon embryo relinquishment by each legal embryo custodian pursuant to subsection (a), the legal transfer of rights to an embryo shall be considered complete at the time of thawing or to such other time as the parties may agree, and the embryo transfer shall be authorized.
(d) A child born to a recipient intended parent as the result of embryo relinquishment pursuant to subsection (a) shall be presumed to be the legal child of the recipient intended parent; provided, that each legal embryo custodian and each recipient intended parent has entered into a written contract pursuant to this part.
(e) Any and all prior legal embryo custodians whose donation of an embryo has resulted in the birth of a child to a recipient intended parent pursuant to subsection (a) shall have no rights or responsibilities with such child and of the child to them.

History (1)

Acts 2013, ch. 309, § 1.

Chapter 3 Marriage

Part 1 License

§ 36-3-101. Prohibited degrees of relationship.

Marriage cannot be contracted with a lineal ancestor or descendant, nor the lineal ancestor or descendant of either parent, nor the lineal descendant of a grandparent, nor the lineal descendants of husband or wife, as the case may be, nor the husband or wife of a parent or lineal descendant.

History (5)

Code 1858, § 2436 (deriv. Acts 1829, ch. 23, § 18)
Shan., § 4185
Code 1932, § 8408
T.C.A. (orig. ed.), § 36-401
Acts 2024, ch. 806, § 1.

§ 36-3-102. Second marriage before dissolution of first prohibited — Effect of absence for five years.

A second marriage cannot be contracted before the dissolution of the first. But the first shall be regarded as dissolved, for this purpose, if either party has been absent five (5) years, and is not known to the other to be living.

History (4)

Code 1858, § 2438 (deriv. Acts 1829, ch. 23, § 16)
Shan., § 4188
Code 1932, § 8411
T.C.A. (orig. ed.), § 36-404.

§ 36-3-103. License required — County of issuance.

(a) Before being joined in marriage, the parties shall present to the minister or officer a license under the hand of a county clerk in this state, directed to such minister or officer, authorizing the solemnization of a marriage between the parties. Such license shall be valid for thirty (30) days from its issuance by the clerk.
(b) All existing marriages that occurred before March 24, 1986, are validated if a marriage certificate was signed by the county clerk either from a county in which the female did not reside or from a county where the marriage was not solemnized.
(c)
1. (1) The county clerk issuing a marriage license is hereby authorized to record and certify any license used to solemnize a marriage that is properly signed by the officiant when such license is returned to the issuing county clerk. The issuing county clerk shall forward the record to the office of vital records to be filed and registered with such office. If a license issued by a county clerk in Tennessee is used to solemnize a marriage outside Tennessee, such marriage and parties, their property and their children shall have the same status as if the marriage were solemnized in this state. A county clerk is prohibited from issuing a license for a marriage that is prohibited in this state.
  Backlinks (1)
  
  36-3-111
2. (2) All existing marriages occurring prior to May 2, 1989, by the authority of a Tennessee license, properly signed and certified by the officiant, are validated and the issuing clerk is authorized to record such license when it is returned to the issuing county clerk and to forward the record to the office of vital records to be filed and registered with such office.

History (9)

Code 1858, § 2441 (deriv. Acts 1778, ch. 7, §§ 2, 3)
Shan., § 4191
Code 1932, § 8414
Acts 1976, ch. 539
§ 1
T.C.A. (orig. ed.), § 36-405
Acts 1986, ch. 582, §§ 1, 2
1989, ch. 224, § 1
1996, ch. 1031, § 2.

§ 36-3-104. Conditions precedent to issuance of license.

(a) A county clerk or deputy clerk shall not issue a marriage license until the applicants make an application in writing, stating the names, ages, current addresses, and social security numbers of both of the proposed contracting parties. An applicant under eighteen (18) years of age must also include the name and current address of the parents, guardian, or next of kin of the applicant. The application must be sworn to by both applicants. Should either individual be incarcerated, the inmate must not be made to appear but shall submit a notarized statement containing the inmate's name, age, current address, and social security number. If an applicant has a disability that prevents the applicant from appearing, the applicant may submit a notarized statement containing the applicant's name, age, current address, and social security number.
(b)
1. (1) If an applicant is a member of the armed forces of the United States stationed in another country in support of combat or another military operation, the applicant shall submit:
  1. (A) A notarized statement containing the applicant's name, age, address in the United States, if applicable, and the names and addresses of the applicant's parents, guardian, or next of kin;
  2. (B) A certified copy of the applicant's deployment orders; and
  3. (C) An affidavit from the battalion, ship, or squadron commander, as applicable, notarized by the judge advocate stating that the applicant is deployed.
2. (2) A person submitting a statement under subdivision (b)(1) who intends to appear for the marriage ceremony via video conferencing pursuant to § 36-3-302(b) must indicate such intention in the statement.

Backlinks (3)

History (15)

Acts 1937, ch. 81, § 2
C. Supp. 1950, § 8414.2
modified
Acts 1959, ch. 124, § 1
1965, ch. 59, §§ 1, 2
1971, ch. 60, §§ 1, 2
1976, ch. 755, § 1
T.C.A. (orig. ed.), § 36-406
Acts 1993, ch. 418, § 2
1994, ch. 639, § 1
1995, ch. 241, §§ 1, 2
1997, ch. 551, § 30
2017, ch. 397, § 1
2019, ch. 93, § 3
2024, ch. 608, § 1.

§ 36-3-105. Minimum age of applicant for license.

(a) It is unlawful for any county clerk or deputy clerk in this state to issue a marriage license to any person where:
1. (1) Either of the contracting parties is under seventeen (17) years of age; or
2. (2) One (1) of the contracting parties is at least seventeen (17) years of age but less than eighteen (18) years of age and the other contracting party is at least four (4) years older than the minor contracting party.
(b) Any marriage contracted in violation of subsection (a) may be annulled upon proper proceedings therefor by such person or any interested person acting in the person's behalf.

History (4)

Acts 1937, ch. 81, § 1
C. Supp. 1950, § 8414.1
T.C.A. (orig. ed.), § 36-407
Acts 2018, ch. 1049, § 3.

§ 36-3-106. Consent of parent, guardian, next of kin, agency or custodian — “Parent” defined.

(a) When either applicant is under eighteen (18) years of age, the parents, guardian, next of kin or party having custody of the applicant shall join in the application, under oath, stating that the applicant is seventeen (17) years of age or over and that the applicant has such person's consent to marry.
(b) If the applicant is in the legal custody of any public or private agency or is in the legal custody of any person other than a parent, next of kin or guardian, then such person or the duly authorized representative of such agency shall join in the application with the parent, guardian or next of kin stating, under oath, that the applicant is seventeen (17) years of age but less than eighteen (18) years of age and that the applicant has such person's consent to marry. This subsection (b) does not apply to applicants who are in the legal custody of the department of mental health and substance abuse services or the department of intellectual and developmental disabilities.
(c) The parents, guardian, next of kin, other person having custody of the applicant, or duly authorized representative of a public or private agency having legal custody of the applicant shall join in the application either by personal appearance before the county clerk or deputy county clerk, or by submitting a sworn and notarized affidavit.
(d) The consent of the applicant's parents, guardian, next of kin, other person having custody of the applicant, or duly authorized representative of a public or private agency having legal custody of the applicant is not required if the applicant is emancipated at the time of the application.
(e) Marriage shall remove the disabilities of minority. A minor emancipated by marriage shall be considered to have all the rights and responsibilities of an adult, except for specific constitutional or statutory age requirements, including voting, the use of alcoholic beverages, and other health and safety regulations relevant to the minor because of the minor's age.
(f) A minor shall be advised of the rights and responsibilities of parties to a marriage and of emancipated minors. The minor shall be provided with a fact sheet on these rights and responsibilities to be developed by the administrative office of the courts. The fact sheet shall include referral information for legal aid agencies in this state and national hotlines for domestic violence and sexual assault.
(g) As used in this section, “parent” or “parents” means a person or persons listed as a parent on the child's birth certificate or who have been adjudicated to be the legal parent of the child by a court of competent jurisdiction.

Backlinks (3)

History (12)

Acts 1937, ch. 81, § 3
C. Supp. 1950, § 8414.3
modified
Acts 1959, ch. 124, § 2
1972, ch. 545, § 1
T.C.A. (orig. ed.), § 36-408
Acts 1987, ch. 131, § 1
2000, ch. 947, § 6
2010, ch. 1100, § 46
2012, ch. 575, § 1
2018, ch. 1049, § 4
2019, ch. 93, §§ 1, 2.

§ 36-3-107. [Reserved.]

§ 36-3-108. Forced marriage prohibited — Civil action.

(a) Marriage, at any age, that is entered into without valid, freely-given consent from both parties is contrary to the public policy of this state and shall be void and unenforceable in this state.
(b) A person who is forced, whether by violence, threats, or coercion, to marry another shall have a cause of action against any party who forced the person to marry. A claim under this section shall not be based on parental or familial guidance motivated by the person's best interest, which is expressed in a reasonable manner.
(c) Damages for a claim under this section shall include:
1. (1) Liquidated damages of two hundred fifty thousand dollars ($250,000);
2. (2) Reasonable attorneys' fees; and
3. (3) Court costs.
(d) Upon a finding of forced marriage, the court shall order the marriage in question void.
(e) Notwithstanding § 28-3-104, an action under this section must be commenced within ten (10) years after the cause of action accrues by solemnization of marriage.

History (1)

Acts 2018, ch. 1049, § 8.

§ 36-3-109. Issuance of license to drunks, insane persons or imbeciles forbidden.

No license shall be issued when it appears that the applicants or either of them is at the time drunk, insane or an imbecile.

Backlinks (2)

History (3)

Acts 1937, ch. 81, § 3
C. Supp. 1950, § 8414.3
T.C.A. (orig. ed.), § 36-411.

§ 36-3-110. Contest of issuance.

Any interested person shall have the right to contest the issuance of the marriage license, which contest shall be filed, heard and determined by the judge of the probate court, or judge of the juvenile court, or any judge or chancellor; provided, that such contest shall not be filed without the filing of a cost bond in the sum of at least fifty dollars ($50.00) with solvent sureties executed by the contestant, conditioned as in civil cases, and the cost of such contest shall be adjudged against the losing party.

Backlinks (1)

36-3-111

History (3)

Acts 1937, ch. 81, § 4
C. Supp. 1950, § 8414.4
T.C.A. (orig. ed.), § 36-412.

§ 36-3-111. County clerk violating law — Penalty.

Any county clerk or deputy clerk who issues a marriage license without compliance with the last sentence in § 36-3-103(c)(1), §§ 36-3-104 — 36-3-106, § 36-3-109, § 36-3-110, or § 36-3-113, and not in good faith, commits a Class C misdemeanor.

Backlinks (1)

36-3-306

History (7)

Acts 1937, ch. 81, § 5
C. Supp. 1950, § 8414.5
Acts 1959, ch. 124, § 3
T.C.A. (orig. ed.), § 36-413
Acts 1989, ch. 591, § 113
1996, ch. 1031, § 3
2018, ch. 1049, § 6.

§ 36-3-112. Fraudulently signing or using false documents — Misdemeanor.

Fraudulently signing or knowingly using any false document purporting to be one provided for in § 36-3-104 or § 36-3-106 is a Class C misdemeanor.

History (4)

Acts 1937, ch. 81, § 7
C. Supp. 1950, § 8414.7
T.C.A. (orig. ed.), § 36-414
Acts 1989, ch. 591, § 113.

§ 36-3-113. Marriage between one man and one woman only legally recognized marital contract. [See Compiler's Note.]

(a) Tennessee's marriage licensing laws reinforce, carry forward, and make explicit the long-standing public policy of this state to recognize the family as essential to social and economic order and the common good and as the fundamental building block of our society. To that end, it is further the public policy of this state that the historical institution and legal contract solemnizing the relationship of one (1) man and one (1) woman shall be the only legally recognized marital contract in this state in order to provide the unique and exclusive rights and privileges to marriage.
(b) The legal union in matrimony of only one (1) man and one (1) woman shall be the only recognized marriage in this state.
(c) Any policy, law or judicial interpretation that purports to define marriage as anything other than the historical institution and legal contract between one (1) man and one (1) woman is contrary to the public policy of Tennessee.
(d) If another state or foreign jurisdiction issues a license for persons to marry, which marriages are prohibited in this state, any such marriage shall be void and unenforceable in this state.

Backlinks (1)

36-3-111

History (1)

Acts 1996, ch. 1031, § 1.

Part 3 Ceremony

§ 36-3-301. Persons who may solemnize marriages.

(a)
1. (1) All regular ministers, preachers, pastors, priests, rabbis and other spiritual leaders of every religious belief, more than eighteen (18) years of age, having the care of souls, and all members of the county legislative bodies, county mayors, judges, chancellors, former chancellors and former judges of a county, a municipality, or this state, former county executives or county mayors of this state, former members of quarterly county courts or county commissions, the governor, the speaker of the senate and former speakers of the senate, the speaker of the house of representatives and former speakers of the house of representatives, members and former members of the general assembly who have filed notice pursuant to subsection (l), law enforcement chaplains duly appointed by the heads of authorized state and local law enforcement agencies, members of the legislative body of any municipality in this state, the county clerk of each county, former county clerks of this state who occupied the office of county clerk on or after July 1, 2014, notaries public, district attorneys general and former district attorneys general who have filed notice pursuant to subsection (n), and the mayor of any municipality in this state may solemnize the rite of matrimony. For the purposes of this section, the several judges of the United States courts, including United States magistrates, United States bankruptcy judges, and federal administrative law judges, who are citizens of Tennessee are deemed to be judges of this state. The amendments to this section by chapter 336 of the Public Acts of 1987, which applied provisions of this section to certain former judges, do not apply to any judge who has been convicted of a felony or who has been removed from office.
2. (2) In order to solemnize the rite of matrimony, any such minister, preacher, pastor, priest, rabbi or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple or other religious group or organization; and such customs must provide for such ordination or designation by a considered, deliberate, and responsible act. Persons receiving online ordinations may not solemnize the rite of matrimony.
3. (3) If a marriage has been entered into by license issued pursuant to this chapter at which any minister officiated before July 1, 2019, the marriage must not be invalid because the requirements of the preceding subdivision (a)(2) have not been met.
(b) The traditional marriage rite of the Religious Society of Friends (Quakers), whereby the parties simply pledge their vows one to another in the presence of the congregation, constitutes an equally effective solemnization.
(c)
1. (1) Gratuity received by a county mayor, county clerk, member of a county legislative body, or municipal mayor for the solemnization of a marriage, whether performed during or after such person's regular working hours, must be retained by such person as personal remuneration for such services, in addition to all other sources of compensation such person might receive, and such gratuity must not be paid into the county general fund or the treasury of such municipality.
2. (2) Notwithstanding subdivision (c)(1), a county mayor, county clerk, member of a county legislative body, and municipal mayor shall not charge a fee or demand compensation of any kind for the solemnization of a marriage under this part. Such a public officer who knowingly charges a fee or demands compensation of any kind for the solemnization of a marriage under this part commits a Class C misdemeanor, and such violation creates a rebuttable presumption that there is an actionable basis to institute ouster proceedings under title 8, chapter 47, or quo warranto proceedings under title 29, chapter 35, for the removal of the public officer from office.
(d) If any marriage has been entered into by license regularly issued at which a county mayor officiated prior to April 24, 1981, such marriage shall be valid and is hereby declared to be in full compliance with the laws of this state.
(e) For the purposes of this section, “retired judges of this state” is construed to include persons who served as judges of any municipal or county court in any county that has adopted a metropolitan form of government and persons who served as county judges (judges of the quarterly county court) prior to the 1978 constitutional amendments.
(f) If any marriage has been entered into by license regularly issued at which a retired judge of this state officiated prior to April 13, 1984, such marriage shall be valid and is hereby declared to be in full compliance with the laws of this state.
(g) If any marriage has been entered into by license issued pursuant to this chapter at which a judicial commissioner officiated prior to March 28, 1991, such marriage is valid and is declared to be in full compliance with the laws of this state.
(h) The judge of the general sessions court of any county, and any former judge of any general sessions court, may solemnize the rite of matrimony in any county of this state. Any marriage performed by any judge of the general sessions court in any county of this state before March 16, 1994, shall be valid and declared to be in full compliance with the laws of this state.
(i) All elected officials and former officials, who are authorized to solemnize the rite of matrimony pursuant to subsection (a), may solemnize the rite of matrimony in any county of this state.
(j) If any marriage has been entered into by license issued pursuant to this chapter at which a county mayor officiated outside such mayor's county prior to May 29, 1997, such marriage is valid and is declared to be in full compliance with the laws of this state.
(k) The judge of the municipal court of any municipality, whether elected or appointed, and any former judge of the municipal court of any municipality shall have the authority to solemnize the rite of matrimony in any county of the state.
(l) In order to solemnize the rite of matrimony pursuant to subdivision (a)(1):
1. (1) A member of the general assembly must first opt in by filing notice of the member's intention to solemnize the rite of matrimony with the office of vital records; and
2. (2) A former member of the general assembly must have filed notice pursuant to subdivision (l)(1) while serving in the general assembly.
(m) A person shall not be required to solemnize a marriage.
(n) In order to solemnize the rite of matrimony pursuant to subdivision (a)(1), district attorneys general and former district attorneys general must opt in by filing notice of intention to solemnize the rite of matrimony with the office of vital records.

Backlinks (2)

History (42)

Code 1858, § 2439 (deriv. Acts 1778, ch. 7, § 2
1845-1846, ch. 145, § 7)
Acts 1879, ch. 98, § 1
1889, ch. 134, § 1
Shan., § 4189
Code 1932, § 8412
Acts 1949, ch. 251, § 4
C. Supp. 1950, § 8412
Acts 1970, ch. 440, § 1
1973, ch. 66, § 3
impl. am. Acts 1978, ch. 934, § 7
Acts 1979, ch. 87, § 1
1981, ch. 211, §§ 1, 2
1983, ch. 331, §§ 1, 2
T.C.A. (orig. ed.), § 36-415
Acts 1984, ch. 516, § 1
1987, ch. 146, § 1
1987, ch. 336, §§ 4, 5
1988, ch. 471, §§ 1, 2
1991, ch. 86, § 1
1992, ch. 911, § 1
1993, ch. 50, § 1
1994, ch. 619, § 1
1995, ch. 94, § 1
1995, ch. 128, § 1
1997, ch. 295, §§ 1, 2
1998, ch. 745, §§ 1, 2
1999, ch. 526, § 1
2003, ch. 90, § 2
2003, ch. 376, § 3
2005, ch. 21, § 1
2012, ch. 677, § 1
2014, ch. 747, § 1
2015, ch. 159, § 1
2017, ch. 288, § 1
2019, ch. 415, §§ 1-4
2021, ch. 119, §§ 1, 2
2021, ch. 255, § 1
2023, ch. 46, §§ 1, 2
2023, ch. 185, § 1
2024, ch. 511, § 1
2024, ch. 759, §§ 1, 2.

§ 36-3-302. Formula not required.

(a) No formula need be observed in such solemnization, except that the parties shall respectively declare, in the presence of the minister or officer, that they accept each other as husband and/or wife.
(b) For the purposes of satisfying the requirement in subsection (a) that each party must make a declaration in the presence of a minister or officer, a member of the armed forces of the United States may appear at the marriage ceremony via video conferencing if:
1. (1) The member of the armed forces is stationed in another country in support of combat or another military operation;
2. (2) A commissioned officer is present with, and confirms the identity of, the member of the armed forces;
3. (3) A person authorized to solemnize marriages pursuant to § 36-3-301 is present with, and confirms the identity of, the person who is marrying the member of the armed forces; and
4. (4) The person who is marrying the member of the armed forces is present in this state.
Backlinks (1)
- 36-3-104(b)(2)

History (5)

Code 1858, § 2440
Shan., § 4190
Code 1932, § 8413
T.C.A. (orig. ed.), § 36-416
Acts 2017, ch. 397, § 2.

§ 36-3-303. Return of license to clerk — Penalty for failure to return — Society of Friends.

(a) One authorized by § 36-3-301 who solemnizes the rite of matrimony shall endorse on the license the fact and time of the marriage, and sign the license, and return it to the county clerk within three (3) days from the date of marriage. Every person who fails to make such return of the license commits a Class C misdemeanor.
(b) The functions, duties and liabilities of the party solemnizing marriage as set forth in this part shall, in the case of marriages solemnized among the Religious Society of Friends, be incumbent upon the clerk of the congregation, or in the clerk's absence, the clerk's duly designated alternate.

History (10)

Code 1858, § 2443 (deriv. Acts 1815, ch. 47, § 1)
Acts 1879, ch. 98, § 2
1889, ch. 134, § 2
1915, ch. 109, §§ 1, 2
Shan., § 4193
mod. Code 1932, § 8421
Acts 1963, ch. 68, § 1
1970, ch. 440, § 2
T.C.A. (orig. ed.), § 36-417
Acts 1989, ch. 591, § 113.

§ 36-3-304. Form of certificate.

The clerk shall, on each license, place the following form of certificate, to be signed by the person solemnizing the marriage:
1. “I solemnize the rite of matrimony between the above (or within) named parties on the day of , .”

History (4)

Code 1858, § 2444
Shan., § 4194
mod. Code 1932, § 8422
T.C.A. (orig. ed.), § 36-418.

§ 36-3-305. Solemnizing marriage between incapable persons — Misdemeanor.

Any such minister or officer who knowingly joins together in matrimony two (2) persons not capable thereof commits a Class C misdemeanor and shall also forfeit and pay the sum of five hundred dollars ($500), to be recovered by action of debt, for the use of the person suing.

History (5)

Code 1858, § 2446 (deriv. Acts 1778, ch. 7, § 5)
Shan., § 4196
mod. Code 1932, § 8423
T.C.A. (orig. ed.), § 36-419
Acts 1989, ch. 591, § 113.

§ 36-3-306. Marriage consummated by ceremony not invalidated by failure to comply with law — Restriction.

Failure to comply with the requirements of §§ 36-3-104 — 36-3-106, 36-3-109 — 36-3-111 shall not affect the validity of any marriage consummated by ceremony. No marriage shall be valid, whether consummated by ceremony or otherwise, if the marriage is prohibited in this state.

History (5)

Acts 1937, ch. 81, § 6
C. Supp. 1950, § 8414.6
T.C.A. (orig. ed.), § 36-420
Acts 1996, ch. 1031, § 4
2018, ch. 1049, § 7.

§ 36-3-307. Nickname in license does not invalidate marriage.

Any marriage that may have been or may be celebrated between persons, by license regularly issued, is valid, and the issue thereof is declared legitimate, although the baptismal name of either party may be omitted in the license, or a nickname be used instead thereof; provided, that the parties have consummated the marriage by cohabitation, and can be identified as the persons between whom such marriage was solemnized.

History (4)

Acts 1870-1871, ch. 100, § 1
Shan., § 4200
mod. Code 1932, § 8425
T.C.A. (orig. ed.), § 36-421.

§ 36-3-308. Marriages during War Between the States validated.

All marriages contracted and entered into during the War Between the States (1861-1865) and duly solemnized, are declared valid, and the issue of these marriages are declared legitimate.

History (4)

Acts 1865-1866, ch. 58, § 1
Shan., § 4199
mod. Code 1932, § 8424
T.C.A. (orig. ed.), § 36-422.

Part 4 Breach of Marriage Contract

§ 36-3-401. Proof of contract.

In all actions for damages for the breach of promise or contract of marriage that may hereafter be tried in the courts of this state, unless there is written evidence of such contract, signed by the party against whom the action is brought, the alleged contract must be proved by at least two (2) disinterested witnesses before any recovery may be allowed.

History (3)

Acts 1949, ch. 161, § 3
C. Supp. 1950, § 8462.3 (Williams, § 9720.7)
T.C.A. (orig. ed.), § 36-701.

§ 36-3-402. Plaintiff's testimony — Corroboration required.

In any suit for damages for breach of promise or contract of marriage that may hereafter be tried in the courts of this state, the unsupported testimony of the plaintiff shall not be sufficient to prove such contract, and proof of the association of the parties shall not be sufficient corroboration.

History (3)

Acts 1949, ch. 161, § 2
C. Supp. 1950, § 8462.2 (Williams, § 9720.6)
T.C.A. (orig. ed.), § 36-702.

§ 36-3-403. Questions considered in determining damages.

In all suits for damages for breach of promise or contract of marriage that may hereafter be tried in the courts of this state, the judge hearing the case shall instruct the jury to take into consideration the age and experience of the parties and whether the plaintiff has been previously married. Any previous marriage on the part of such plaintiff shall be considered by the court and jury in mitigation of the damages that might otherwise be allowed.

History (3)

Acts 1949, ch. 161, § 1
C. Supp. 1950, § 8462.1 (Williams, § 9720.5)
T.C.A. (orig. ed.), § 36-703.

§ 36-3-404. Measure of damages when defendant over sixty (60) years of age.

In all suits for damages for breach of promise or contract of marriage that may be tried in the courts of this state, where the defendant is more than sixty (60) years of age at the time the case is tried, proof of damages shall be limited to the actual financial loss of the plaintiff up to the date of the trial and no punitive damages shall be allowed.

History (3)

Acts 1949, ch. 161, § 4
C. Supp. 1950, § 8462.4 (Williams, § 9720.8)
T.C.A. (orig. ed.), § 36-704.

§ 36-3-405. Joinder with other actions prohibited.

No action for the breach of promise of marriage can be joined or tried with any other action for damages.

History (3)

Acts 1949, ch. 161, § 5
C. Supp. 1950, § 8462.5 (Williams, § 9720.9)
T.C.A. (orig. ed.), § 36-705.

Part 5 Property Rights of Spouses

§ 36-3-501. Enforcement of antenuptial agreements.

Notwithstanding any other law to the contrary, except as provided in § 36-3-502, any antenuptial or prenuptial agreement entered into by spouses concerning property owned by either spouse before the marriage that is the subject of such agreement shall be binding upon any court having jurisdiction over such spouses and/or such agreement if such agreement is determined, in the discretion of such court, to have been entered into by such spouses freely, knowledgeably and in good faith and without exertion of duress or undue influence upon either spouse. The terms of such agreement shall be enforceable by all remedies available for enforcement of contract terms.

Backlinks (1)

36-4-121(g)(2)

History (2)

Acts 1980, ch. 492, § 1
T.C.A., § 36-606.

§ 36-3-502. Creditor's rights.

(a) No marriage settlement or other marriage contract shall be good against creditors, where a greater value is secured to the intended wife, and the children of the marriage, or either of them, than the portion actually received with the wife in marriage, and such estate as the husband at the time of the husband's marriage shall be possessed of, after deducting the just debts by the husband then due and owing.
(b) In case of any suit upon any such marriage contract, where any creditor is a party, the burden of proof lies upon the person claiming under such marriage contract.
(c) In such case, any legacy given to the wife in general words, and not in trust, or any distributive share in an estate during coverture, shall be taken as a part of the portion received with the wife, and secured to those claiming under the marriage contract, to make up any deficiency created by the claims of creditors on the property conveyed in the marriage contract.

Backlinks (1)

36-3-501

History (4)

Code 1858, §§ 1767, 1768 (deriv. Acts 1785, ch. 12, § 2)
Shan., §§ 3157, 3158
Code 1932, §§ 7839, 7840
T.C.A. (orig. ed.), § 36-605.

§ 36-3-503. Antenuptial debts of wife — Nonliability of husband.

No husband shall be liable for the debts, contracts or obligations of the wife incurred by the wife previous to marriage.

History (4)

Acts 1877, ch. 79, § 1
Shan., § 4238
mod. 1932, § 8459
T.C.A. (orig. ed.), § 36-604.

§ 36-3-504. Disabilities of coverture removed from married women — Statute of limitations.

(a) Married women are fully emancipated from all disability on account of coverture, and the common law as to the disability of married women and its effects on the rights of property of the wife, is totally abrogated, except as set out in § 36-3-505, and marriage shall not impose any disability or incapacity on a woman as to the ownership, acquisition or disposition of property of any sort, or as to the wife's capacity to make contracts and to do all acts in reference to property that the wife could lawfully do, if the wife were not married, but every woman now married, or hereafter to be married, shall have the same capacity to acquire, hold, manage, control, use, enjoy and dispose of, all property, real and personal, in possession, and to make any contract in reference to it, and to bind herself personally, and to sue and be sued with all the rights and incidents thereof, as if the wife were not married.
(b) All of the statutes of limitation that apply in favor of or against a feme sole, and the feme sole's property, shall apply and operate in favor of or against married women and their property.

Backlinks (1)

36-3-505

History (5)

Acts 1913, ch. 26, § 1
1919, ch. 126, §§ 1, 3
Shan. Supp., §§ 4249a4, 4249a4½, 4249a6
mod. Code 1932, §§ 8460, 8462
T.C.A. (orig. ed.), §§ 36-601, 36-603.

§ 36-3-505. Tenancies by entirety unaffected.

Nothing in § 36-3-504 shall be construed as abolishing tenancies by the entirety.

Backlinks (1)

36-3-504(a)

History (5)

Acts 1919, ch. 126, § 2
Shan. Supp., § 4249a5
mod. Code 1932, § 8461
Acts 1976, ch. 529, § 20
T.C.A. (orig. ed.), § 36-602.

Part 6 Domestic Abuse

§ 36-3-601. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Abuse” means:
  1. (A) Inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means;
  2. (B) Placing an adult or minor in fear of, or in, physical harm or physical restraint;
  3. (C) Causing malicious damage to the personal property of the abused party; or
  4. (D) Intentionally engaging in behavior that amounts to financial abuse;
2. (2) “Adult” means any person eighteen (18) years of age or older, or who is otherwise emancipated;
3. (3)
  1. (A) “Court,” in counties having a population of not less than two hundred sixty thousand (260,000) nor more than eight hundred thousand (800,000), according to the 1980 federal census or any subsequent federal census, means any court of record with jurisdiction over domestic relation matters;
    Backlinks (1)
    
    40-1-111(h)(5)(A)
  2. (B) Notwithstanding subdivision (3)(A), “court,” in counties with a metropolitan form of government with a population of more than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, means any court of record with jurisdiction over domestic relation matters and the general sessions court. In such county having a metropolitan form of government, a judicial commissioner may issue an ex parte order of protection. Nothing in this definition may be construed to grant jurisdiction to the general sessions court for matters relating to child custody, visitation, or support;
  3. (C) “Court,” in all other counties, means any court of record with jurisdiction over domestic relation matters or the general sessions court;
  4. (D) “Court” also includes judicial commissioners, magistrates and other officials with the authority to issue an arrest warrant in the absence of a judge for purposes of issuing ex parte orders of protection when a judge of one of the courts listed in subdivisions (3)(A), (3)(B) or (3)(C) is not available;
  5. (E) In counties having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, “court” means any court of record with jurisdiction over domestic relations matters or the general sessions criminal court. In such counties, “court” also includes judicial commissioners, magistrates and other officials with the authority to issue an arrest warrant in the absence of a judge for purposes of issuing any order of protection pursuant to this part when a judge of one of the courts listed in subdivisions (3)(A), (3)(B) or (3)(C) is not available. Nothing in this definition may be construed to grant jurisdiction to the general sessions court, both criminal and civil, for matters relating to child custody, visitation, or support;
  6. (F) Any appeal from a final ruling on an order of protection by a general sessions court or by any official authorized to issue an order of protection under this subdivision (3) shall be to the circuit or chancery court of the county. Such appeal shall be filed within ten (10) days and shall be heard de novo. Unless the order expires by operation of law, an order of protection granted pursuant to this part remains in effect during the appeal;
4. (4) “Domestic abuse” means committing abuse against a victim, as defined in subdivision (5);
5. (5) “Domestic abuse victim” means any person who falls within the following categories:
  1. (A) Adults or minors who are current or former spouses;
  2. (B) Adults or minors who live together or who have lived together;
  3. (C) Adults or minors who are dating or who have dated or who have or had a sexual relationship. As used herein, “dating” and “dated” do not include fraternization between two (2) individuals in a business or social context;
  4. (D) Adults or minors related by blood or adoption;
  5. (E) Adults or minors who are related or were formerly related by marriage; or
  6. (F) Adult or minor children of a person in a relationship that is described in subdivisions (5)(A)-(E);
  Backlinks (5)
  
  39-13-511(a)(2)
  40-11-150(a)
  40-11-152(b)(1)
  40-35-303(c)(2)(C)(ii)
  40-35-303(m)
6. (6) “Financial abuse” means behavior that is coercive, that is deceptive, or that unreasonably controls or restrains a person's ability to acquire, use, or maintain economic resources to which the person is entitled, including using coercion, fraud, or manipulation to:
  1. (A) Restrict a person's access to money, assets, credit, or financial information;
  2. (B) Unfairly use a person's economic resources, including money, assets, and credit, to gain an advantage; or
  3. (C) Exert undue influence over a person's financial behavior or decisions, including forcing default on joint or other financial obligations; exploiting powers of attorney, guardianship, or conservatorship; or failing or neglecting to act in the best interest of the person to whom a fiduciary duty is owed;
7. (7) “Firearm” means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use;
8. (8) “Petitioner” means the person alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense in a petition for an order for protection;
9. (9) “Preferred response” means law enforcement officers shall arrest a person committing domestic abuse unless there is a clear and compelling reason not to arrest;
10. (10) “Respondent” means the person alleged to have abused, stalked or sexually assaulted another in a petition for an order for protection;
11. (11) “Sexual assault victim” means any person, regardless of the relationship with the perpetrator, who has been subjected to, threatened with, or placed in fear of any form of rape, as defined in § 39-13-502, § 39-13-503, § 39-13-506 or § 39-13-522, or sexual battery, as defined in § 39-13-504, § 39-13-505, or § 39-13-527;
12. (12) “Stalking victim” means any person, regardless of the relationship with the perpetrator, who has been subjected to, threatened with, or placed in fear of the offense of stalking, as defined in § 39-17-315; and
13. (13) “Weapon” means a firearm or a device listed in § 39-17-1302(a)(1)-(7).

History (20)

Acts 1979, ch. 350, § 1
T.C.A., § 36-1201
Acts 1988, ch. 925, §§ 1, 2
1991, ch. 380, § 1
1994, ch. 764, § 1
1995, ch. 507, § 3
1996, ch. 684, § 1
1997, ch. 96, § 1
1997, ch. 211, § 1
1997, ch. 459, §§ 1, 2
1998, ch. 887, §§ 1, 2
2001, ch. 96, §§ 1-3
2002, ch. 646, §§ 1, 2
2005, ch. 381, §§ 1, 2
2007, ch. 348, § 1
2007, ch. 352, § 1
2019, ch. 433, § 1
2022, ch. 1115, § 2
2023, ch. 277, §§ 1, 2
2024, ch. 751, § 1.

§ 36-3-602. Petition — Venue.

(a) Any domestic abuse victim, stalking victim or sexual assault victim who has been subjected to, threatened with, or placed in fear of, domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense, may seek relief under this part by filing a sworn petition alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense by the respondent.
(b) Any petition filed by an unemancipated person under eighteen (18) years of age shall be signed by one (1) of that person's parents or by that person's guardian. The petition may also be signed by a caseworker at a not-for-profit organization that receives funds pursuant to title 71, chapter 6, part 2 for family violence and child abuse prevention and shelters; provided, however, that a petition signed by a caseworker may not be filed against the unemancipated minor's parent or legal guardian. In such case, unless the court finds that the action would create a threat of serious harm to the minor, a copy of the petition, notice of hearing and any ex parte order of protection shall also be served on the parents of the minor child, or if the parents are not living together and jointly caring for the child, upon the primary residential parent. In cases before the juvenile court where the department of children's services is a party or where a guardian ad litem has been appointed for the child by the juvenile court, the petition may be filed on behalf of the unemancipated person by the department or the guardian ad litem.
(c) Venue for a petition for an order of protection, and all other matters relating to orders of protection, shall be in the county where the respondent resides or the county in which the domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or human trafficking offense occurred. If the respondent is not a resident of Tennessee, the petition may be filed in the county where the petitioner resides.
Backlinks (1)
- 40-1-111(h)(6)(M)

History (14)

Acts 1979, ch. 350, §§ 3, 16
T.C.A., § 36-1203
Acts 1987, ch. 270, § 1
1997, ch. 211, § 2
1997, ch. 459, § 2
2002, ch. 646, § 3
2005, ch. 75, § 2
2005, ch. 257, § 1
2005, ch. 381, § 3
2006, ch. 871, § 1
2007, ch. 348, § 2
2016, ch. 906, § 2
2018, ch. 586, § 1
2022, ch. 1115, §§ 3, 4.

§ 36-3-603. Duration of protection order — Petition for protection order in divorce action.

(a) If an order of protection is in effect at the time either the petitioner or respondent files a complaint for divorce, the order of protection shall remain in effect until the court to which the divorce action is assigned:
1. (1) Modifies the order;
2. (2) Dissolves the order; or
3. (3) Makes the order part of the divorce decree.
(b) If the court modifies the order or makes the order of protection part of the divorce decree, the court shall issue a separate order of protection.
(c) The clerk shall immediately forward a copy of any order of protection issued and any subsequent modifications to the petitioner, respondent, and the local law enforcement agencies having jurisdiction in the area where the petitioner resides in the manner provided by § 36-3-609(e).
(d) Nothing in this section shall prohibit a petitioner from requesting relief under this part in a divorce action.

History (4)

Acts 1979, ch. 350, § 2
T.C.A., § 36-1202
Acts 1986, ch. 715, § 1
2017, ch. 241, § 1.

§ 36-3-604. Forms.

(a)
1. (1) The office of the clerk of court shall provide forms that may be necessary to seek a protection order under this part. These forms shall be limited to use in causes filed under this part and they shall be made available to all who request assistance in filing a petition. The clerk may obtain the most current forms by printing them from the website of the administrative office of the courts.
2. (2) The petitioner is not limited to the use of these forms and may present to the court any legally sufficient petition in whatever form. The office of the clerk shall also assist a person who is not represented by counsel by filling in the name of the court on the petition, by indicating where the petitioner's name shall be filled in, by reading through the petition form with the petitioner, and by rendering any other assistance that is necessary for the filing of the petition. All such petitions that are filed pro se shall be liberally construed procedurally in favor of the petitioner.
(b) The administrative office of the courts, in consultation with the domestic violence coordinating council, shall develop a petition for orders of protection form, an amended order of protection form, an ex parte order of protection form and other forms that are found to be necessary and advisable. These forms shall be revised as the laws relative to orders of protection and ex parte orders of protection are amended by the general assembly. To the extent possible, the forms shall be uniform with those promulgated by surrounding states so that Tennessee forms may be afforded full faith and credit.
Backlinks (1)
- 10-7-504(a)(16)(I)
(c) The administrative office of the courts shall revise the petition for an order of protection form to fully advise the respondent of this part in language substantially similar to the following:
1. (1) If the order of protection is granted in a manner that fully complies with 18 U.S.C. § 922(g)(8), the respondent is required to terminate physical possession by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, of all firearms that the respondent possesses within forty-eight (48) hours of the granting of the order;
2. (2) It is a criminal offense for a person subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8), to possess a firearm while that order is in effect; and
3. (3) The issuance of an order of protection may terminate or, at least, suspend the individual's right to purchase or possess a firearm.
(d) These forms shall be used exclusively in all courts exercising jurisdiction over orders of protection.

History (14)

Acts 1979, ch. 350, § 4
1982, ch. 935, § 1
T.C.A., § 36-1204
Acts 1987, ch. 270, §§ 2-5
1995, ch. 410, § 2
1995, ch. 456, § 6
1996, ch. 684, § 5
1997, ch. 211, § 3
1998, ch. 715, § 1
1999, ch. 344, § 3
2000, ch. 638, § 2
2001, ch. 319, § 1
2009, ch. 455, § 1
2010, ch. 959, § 2.

§ 36-3-605. Ex parte protection order — Hearing — Extension.

(a) Upon the filing of a petition under this part, the courts may immediately, for good cause shown, issue an ex parte order of protection. An immediate and present danger of abuse to the petitioner shall constitute good cause for purposes of this section.
Backlinks (2)
- 10-7-504(a)(15)(A)(ii)(c)
- 10-7-504(a)(16)(A)(iii)(c)
(b) Within fifteen (15) days of service of such order on the respondent under this part, a hearing must be held, at which time the court shall either dissolve any ex parte order that has been issued, or shall, if the petitioner has proved the allegation of domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense by a preponderance of the evidence, extend the order of protection for a definite period of time, not to exceed one (1) year, unless a further hearing on the continuation of such order is requested by the respondent or the petitioner; in which case, on proper showing of cause, such order may be continued for a further definite period of one (1) year, after which time a further hearing must be held for any subsequent one-year period. Any ex parte order of protection must be in effect until the time of the hearing, and, if the hearing is held within fifteen (15) days of service of such order, then the ex parte order must continue in effect until the entry of any subsequent order of protection issued pursuant to § 36-3-609. If no ex parte order of protection has been issued as of the time of the hearing, and the petitioner has proven the allegation of domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense by a preponderance of the evidence, then the court may, at that time, issue an order of protection for a definite period of time, not to exceed one (1) year.
(c) The court shall cause a copy of the petition and notice of the date set for the hearing on such petition, as well as a copy of any ex parte order of protection, to be served upon the respondent at least five (5) days prior to such hearing. An ex parte order issued pursuant to this part shall be personally served upon the respondent. However, if the respondent is not a resident of Tennessee, the ex parte order shall be served pursuant to §§ 20-2-215 and 20-2-216. Such notice shall advise the respondent that the respondent may be represented by counsel. In every case, unless the court finds that the action would create a threat of serious harm to the minor, when a petitioner is under eighteen (18) years of age, a copy of the petition, notice of hearing and any ex parte order of protection shall also be served on the parents of the minor child, or in the event that the parents are not living together and jointly caring for the child, upon the primary residential parent, pursuant to the requirements of this section.
Backlinks (3)
(d) Within the time the order of protection is in effect, any court of competent jurisdiction may modify the order of protection, either upon the court's own motion or upon motion of the petitioner. If a respondent is properly served and afforded the opportunity for a hearing pursuant to § 36-3-612, and is found to be in violation of the order, the court may extend the order of protection up to five (5) years. If a respondent is properly served and afforded the opportunity for a hearing pursuant to § 36-3-612, and is found to be in a second or subsequent violation of the order, the court may extend the order of protection up to ten (10) years. No new petition is required to be filed in order for a court to modify an order or extend an order pursuant to this subsection (d).

Backlinks (5)

History (12)

Acts 1979, ch. 350, § 5
T.C.A., § 36-1205
Acts 1987, ch. 270, § 6
1997, ch. 459, §§ 2, 4, 5
1998, ch. 715, § 2
2004, ch. 588, § 2
2005, ch. 75, § 1
2005, ch. 381, § 4
2006, ch. 676, § 1
2006, ch. 871, § 2
2007, ch. 348, § 4
2022, ch. 1115, § 5.

§ 36-3-606. Scope of protection order.

(a) A protection order granted under this part to protect the petitioner from domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense may include, but is not limited to:
1. (1) Directing the respondent to refrain from committing domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense or threatening to commit domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense against the petitioner or the petitioner's minor children;
2. (2) Prohibiting the respondent from coming about the petitioner for any purpose, from telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly;
3. (3) Prohibiting the respondent from stalking the petitioner, as defined in § 39-17-315;
4. (4) Granting to the petitioner possession of the residence or household to the exclusion of the respondent by evicting the respondent, by restoring possession to the petitioner, or by both;
5. (5) Directing the respondent to provide suitable alternate housing for the petitioner when the respondent is the sole owner or lessee of the residence or household;
6. (6) Awarding temporary custody of, or establishing temporary visitation rights with regard to, any minor children born to or adopted by the parties;
7. (7) Awarding financial support to the petitioner and such persons as the respondent has a duty to support. Except in cases of paternity, the court shall not have the authority to order financial support unless the petitioner and respondent are legally married. Such order may be enforced pursuant to chapter 5 of this title;
8. (8) Directing the respondent to attend available counseling programs that address violence and control issues or substance abuse problems. A violation of a protection order or part of such order that directs counseling pursuant to this subdivision (a)(8) may be punished as criminal or civil contempt. Section 36-3-610(a) applies with respect to a nonlawyer general sessions judge who holds a person in criminal contempt for violating this subdivision (a)(8);
9. (9) Directing the care, custody, or control of any animal owned, possessed, leased, kept, or held by either party or a minor residing in the household. In no instance shall the animal be placed in the care, custody, or control of the respondent, but shall instead be placed in the care, custody or control of the petitioner or in an appropriate animal foster situation;
10. (10) Directing the respondent to immediately and temporarily vacate a residence shared with the petitioner, pending a hearing on the matter, notwithstanding any provision of this part to the contrary;
11. (11) Directing the respondent to pay the petitioner all costs, expenses and fees pertaining to the petitioner's breach of a lease or rental agreement for residential property if the petitioner is a party to the lease or rental agreement and if the court finds that continuing to reside in the rented or leased premises may jeopardize the life, health and safety of the petitioner or the petitioner's children. Nothing in this subdivision (a)(11) shall be construed as altering the terms of, liability for, or parties to such lease or rental agreement; or
12. (12) Ordering a wireless service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to a petitioner pursuant to § 36-3-621.
  Backlinks (1)
  
  36-3-621(f)
(b) Relief granted pursuant to subdivisions (a)(4)-(8) shall be ordered only after the petitioner and respondent have been given an opportunity to be heard by the court.
(c) Any order of protection issued under this part shall include the statement of the maximum penalty that may be imposed pursuant to § 36-3-610 for violating such order.
(d) No order of protection made under this part shall in any manner affect title to any real property.
(e) An order of protection issued pursuant to this part shall be valid and enforceable in any county of this state.
(f) An order of protection issued pursuant to this part that fully complies with 18 U.S.C. § 922(g)(8) shall contain the disclosures set out in § 36-3-625(a).
Backlinks (1)
- 39-13-113(h)(1)

History (19)

Acts 1979, ch. 350, §§ 6-8
T.C.A., §§ 36-1206 —36-1208
Acts 1987, ch. 270, §§ 7, 12
1991, ch. 380, § 4
1995, ch. 507, § 4
1996, ch. 684, § 2
1996, ch. 734, § 1, 2
1997, ch. 459, §§ 2, 3
2001, ch. 352, § 2
2005, ch. 381, § 5
2007, ch. 352, § 2
2009, ch. 455, § 2
2010, ch. 959, § 1
2010, ch. 981, § 1
2011, ch. 253, § 1
2011, ch. 402, § 2
2016, ch. 865, § 1
2018, ch. 729, § 2
2022, ch. 1115, § 6.

§ 36-3-607. Bond not required.

The court shall not require the execution of a bond by the petitioner to issue any order of protection under this part.

History (2)

Acts 1979, ch. 350, § 9
T.C.A., § 36-1209.

§ 36-3-608. Duration of protection order — Modification.

(a) All orders of protection shall be effective for a fixed period of time, not to exceed one (1) year.
(b) The court may modify its order at any time upon subsequent motion filed by either party together with an affidavit showing a change in circumstances sufficient to warrant the modification.

Backlinks (1)

36-3-627(a)(1)

History (2)

Acts 1979, ch. 350, § 10
T.C.A., § 36-1210.

§ 36-3-609. Effectiveness of order of protection — Service.

(a) If the respondent has been served with a copy of the petition, notice of hearing, and any ex parte order issued pursuant to § 36-3-605(c), any subsequent order of protection shall be effective when the order is entered. For purposes of this section, an order shall be considered entered when such order is signed by:
1. (1) The judge and all parties or counsel;
2. (2) The judge and one party or counsel and contains a certificate of counsel that a copy of the proposed order has been served on all other parties or counsel; or
3. (3) The judge and contains a certificate of the clerk that a copy has been served on all other parties or counsel.
(b)
1. (1) As used in subsection (a), service upon a party or counsel shall be made by delivering to such party or counsel a copy of the order of protection, or by the clerk mailing it to the party's last known address. In the event the party's last known address is unknown and cannot be ascertained upon diligent inquiry, the certificate of service shall so state. Service by mail is complete upon mailing. In order to complete service of process in a timely manner on a party who lives outside the county where the order was issued, the clerk may transmit the order to the sheriff in the appropriate county by facsimile or other electronic transmission.
2. (2) Notwithstanding § 16-15-902, an ex parte order of protection may be served within one (1) year of issuance.
(c) Notwithstanding when an order is considered entered under subsection (a), if the court finds that the protection of the petitioner so requires, the court may order, in the manner provided by law or rule, that the order of protection take effect immediately.
(d) If the respondent has been served with a copy of the petition, notice of hearing, and any ex parte order issued pursuant to § 36-3-605(c), an order of protection issued pursuant to this part after a hearing shall be in full force and effect against the respondent from the time it is entered regardless of whether the respondent is present at the hearing.
(e) A copy of any order of protection and any subsequent modifications or dismissal shall be issued to the petitioner, the respondent, the local law enforcement agencies having jurisdiction in the area where the petitioner resides, and any court other than the issuing court in which the respondent and petitioner are parties to an action. The petitioner and respondent shall notify the judge of any such court. Upon receipt of the copy of the order of protection or dismissal from the issuing court or clerk's office, the local law enforcement agency shall take any necessary action to immediately transmit it to the national crime information center.
Backlinks (1)
- 36-3-603(c)

Backlinks (3)

History (11)

Acts 1979, ch. 350, § 11
T.C.A., § 36-1211
Acts 1987, ch. 270, § 8
1993, ch. 484, § 2
2000, ch. 638, § 1
2000, ch. 781, § 1
2004, ch. 588, § 1
2011, ch. 39, § 1
2014, ch. 993, § 1
2016, ch. 720, § 2
2021, ch. 60, § 1.

§ 36-3-610. Violation of order or consent agreement — Civil or criminal contempt — Financial penalty.

(a) Upon violation of the order of protection or a court-approved consent agreement, the court may hold the defendant in civil or criminal contempt and punish the defendant in accordance with the law. A judge of the general sessions court shall have the same power as a court of record to punish the defendant for contempt when exercising jurisdiction pursuant to this part or when exercising concurrent jurisdiction with a court of record. A judge of the general sessions court who is not a licensed attorney shall appoint an attorney referee to hear charges of criminal contempt.
Backlinks (1)
- 36-3-606(a)(8)
(b)
1. (1) In addition to the authorized punishments for contempt of court, the judge may assess any person who violates an order of protection or a court-approved consent agreement a civil penalty of fifty dollars ($50.00). The judge may further order that any support payment made pursuant to an order of protection or a court-approved consent agreement be made under an income assignment to the clerk of court.
2. (2) The judge upon finding a violation of an order of protection or a court-approved consent order shall require a bond of the respondent until such time as the order of protection expires. Such bond shall not be less than two thousand five hundred dollars ($2,500) and shall be payable upon forfeit as provided. Bond shall be set at whatever the court determines is necessary to reasonably assure the safety of the petitioner as required. Any respondent for whom bond has been set may deposit with the clerk of the court before which the proceeding is pending a sum of money in cash equal to the amount of the bond. The clerk of the court may deposit funds received in lieu of bonds, or any funds received from the forfeiture of bonds, in an interest bearing account. Any interest received from such accounts shall be payable to the office of the clerk. Failure to comply with this subsection (b) may be punished by the court as a contempt of court as provided in title 29, chapter 9.
3. (3) If a respondent posting bond under this subsection (b) does not comply with the conditions of the bond, the court having jurisdiction shall enter an order declaring the bond to be forfeited. Notice of the order of forfeiture shall be mailed forthwith by the clerk to the respondent at the respondent's last known address. If the respondent does not within thirty (30) days from the date of the forfeiture satisfy the court that compliance with the conditions of the bond was met, the court shall enter judgment for the state against the defendant for the amount of the bond and costs of the court proceedings. The judgment and costs may be enforced and collected in the same manner as a judgment entered in a civil action.
4. (4) Nothing in this section shall be construed to limit or affect any remedy in effect on July 1, 2010.
(c) Upon collecting the civil penalty imposed by subsection (b), the clerk shall, on a monthly basis, send the money to the state treasurer who shall deposit it in the domestic violence community education fund created by § 36-3-616.
(d) The proceeds of a judgment for the amount of the bond pursuant to this section shall be paid quarterly to the administrative office of the courts. The quarterly payments shall be due on the fifteenth day of the fourth month of the year; the fifteenth day of the sixth month; the fifteenth day of the ninth month; and on the fifteenth day of the first month of the next succeeding year. The proceeds shall be allocated equally on an annual basis as follows:
1. (1) To provide legal representation to low-income Tennesseans in civil matters in such manner as determined by the supreme court as described in § 16-3-808(c); provided, that one-fourth (¼) of such funds shall be allocated to an appropriate statewide nonprofit organization capable of providing continuing legal education, technology support, planning assistance, resource development and other support to organizations delivering civil legal representation to indigents. The remainder shall be distributed to organizations delivering direct assistance to clients with Legal Services Corporation funding as referenced in the Tennessee State Plan for Civil Legal Justice approved in March, 2001, by the Legal Services Corporation;
2. (2) To the domestic violence state coordinating council, created by title 38, chapter 12;
3. (3) To the Tennessee Court Appointed Special Advocates Association (CASA); and
4. (4) To Childhelp.

Backlinks (3)

History (6)

Acts 1979, ch. 350, § 12
T.C.A., § 36-1212
Acts 1989, ch. 297, § 1
1994, ch. 858, § 1
1995, ch. 127, § 1
2010, ch. 1094, §§ 1, 2.

§ 36-3-611. Arrest for violation of protection order.

(a) An arrest for violation of an order of protection issued pursuant to this part may be with or without warrant. Any law enforcement officer shall arrest the respondent without a warrant if:
1. (1) The officer has proper jurisdiction over the area in which the violation occurred;
2. (2) The officer has reasonable cause to believe the respondent has violated or is in violation of an order for protection; and
3. (3) The officer has verified whether an order of protection is in effect against the respondent. If necessary, the police officer may verify the existence of an order for protection by telephone or radio communication with the appropriate law enforcement department.
(b) No ex parte order of protection can be enforced by arrest under this section until the respondent has been served with the order of protection or otherwise has acquired actual knowledge of such order.

Backlinks (1)

39-13-113(b)

History (3)

Acts 1979, ch. 350, § 13
T.C.A., § 36-1213
Acts 1987, ch. 270, §§ 9, 10.

§ 36-3-612. Contempt hearing.

(a) A person arrested for the violation of an order of protection issued pursuant to this part or a restraining order or court-approved consent agreement, shall be taken before a magistrate or the court having jurisdiction in the cause without unnecessary delay to answer a charge of contempt for violation of the order of protection, restraining order or court-approved consent agreement, and the court shall:
1. (1) Notify the clerk of the court having jurisdiction in the cause to set a time certain for a hearing on the alleged violation of the order of protection, restraining order or court-approved consent agreement within ten (10) working days after arrest, unless extended by the court on the motion of the arrested person;
2. (2) Set a reasonable bond pending the hearing on the alleged violation of the order of protection, restraining order or court-approved consent agreement; and
3. (3) Notify the person to whom the order of protection, restraining order or court-approved consent agreement was issued to protect and direct the party to show cause why a contempt order should issue.
(b) Either the court that originally issued the order of protection or restraining order or a court having jurisdiction over orders of protection or restraining orders in the county where the alleged violation of the order occurred shall have the authority and jurisdiction to conduct the contempt hearing required by subsection (a). If the violation is of a court-approved consent agreement, the same court that approved the agreement shall conduct the contempt hearing for any alleged violation of it. If the court conducting the contempt hearing is not the same court that originally issued the order of protection or restraining order, the court conducting the hearing shall have the same authority to punish as contempt a violation of the order of protection or restraining order as the court originally issuing the order.

Backlinks (3)

History (6)

Acts 1979, ch. 350, § 14
T.C.A., § 36-1214
Acts 1987, ch. 270, § 11
1999, ch. 482, § 1
2005, ch. 394, § 1
2006, ch. 920, § 2.

§ 36-3-613. Leaving residence or use of necessary force — Right to relief unaffected.

(a) The petitioner's right to relief under this part is not affected by the petitioner's leaving the residence or household to avoid domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense.
(b) The petitioner's right to relief under this part is not affected by use of such physical force against the respondent as is reasonably believed to be necessary to defend the petitioner or another from imminent physical injury, domestic abuse, or sexual assault.

History (5)

Acts 1979, ch. 350, § 15
T.C.A., § 36-1215
Acts 1997, ch. 459, § 2
2005, ch. 381, § 6
2022, ch. 1115, § 7.

§ 36-3-614. Effect of failure to contest parentage — Order of protection pending parentage tests and comparisons.

(a) Failure of a respondent to contest paternity in any proceeding commenced pursuant to this part shall not be construed as an admission of paternity by such respondent, nor shall such failure to contest be admissible as evidence against the respondent at any pending or subsequent paternity proceeding.
(b) Where paternity is contested in a proceeding commenced pursuant to this part, if the court orders the parties to submit to any tests and comparisons to determine parentage authorized by § 24-7-112, the court may grant an order of protection pending the outcome of any such tests and comparisons.

History (1)

Acts 1991, ch. 380, § 2.

§ 36-3-615. Notification to victim that family or household member arrested for assault may be released on bond.

(a) After a person has been arrested for assault pursuant to § 39-13-101, aggravated assault pursuant to § 39-13-102, against a victim as defined in § 36-3-601, domestic assault pursuant to § 39-13-111, or violation of a protective order pursuant to § 39-13-113, the arresting officer shall inform the victim that the person arrested may be eligible to post bond for the offense and be released until the date of trial for the offense.
(b) Subsection (a) is solely intended to be a notification provision, and no cause of action is intended to be created thereby.

History (4)

Acts 1993, ch. 436, §§ 1, 2
1997, ch. 211, § 4
2001, ch. 352, § 1
2006, ch. 920, § 3.

§ 36-3-616. Domestic violence community education fund.

(a) There is hereby established a general fund reserve to be allocated through the general appropriations act, which shall be known as the domestic violence community education fund. Moneys from the fund shall be expended to fund activities authorized by this section. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund on any June 30. Any excess revenues or interest earned by such revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from such reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years.
(b) The general assembly shall appropriate, through the general appropriations act, moneys from the domestic violence community education fund to the department of human services. Such appropriations shall be specifically earmarked for the purposes set out in this section.
(c) All moneys appropriated from the domestic violence community education fund shall be used exclusively by the department to provide grants to the Tennessee task force against domestic violence. The commissioner of human services shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the distribution and use of the grant funds provided by it. Such grants shall be for the purpose of providing education, training and technical assistance to communities on domestic violence.

Backlinks (3)

History (1)

Acts 1994, ch. 858, § 2.

§ 36-3-617. Protection order — Filing costs and assistance.

(a)
1. (1) Notwithstanding any other law to the contrary, no domestic abuse victim, stalking victim, sexual assault victim, or victim of a felony offense under title 39, chapter 13, part 1, 2, 3, or 5 shall be required to bear the costs, including any court costs, filing fees, litigation taxes or any other costs associated with the filing, issuance, registration, service, dismissal or nonsuit, appeal or enforcement of an ex parte order of protection, order of protection, or a petition for either such order, whether issued inside or outside the state. If the court, after the hearing on the petition, issues or extends an order of protection, all court costs, filing fees, litigation taxes and attorney fees shall be assessed against the respondent.
2. (2) If the court does not issue or extend an order of protection, the court may assess all court costs, filing fees, litigation taxes and attorney fees against the petitioner if the court makes the following finding by clear and convincing evidence:
  1. (A) The petitioner is not a domestic abuse victim, stalking victim, sexual assault victim, or victim of a felony offense under title 39, chapter 13, part 1, 2, 3, or 5 and that such determination is not based on the fact that the petitioner requested that the petition be dismissed, failed to attend the hearing or incorrectly filled out the petition; and
  2. (B) The petitioner knew that the allegation of domestic abuse, stalking, sexual assault, or felony offense under title 39, chapter 13, part 1, 2, 3, or 5 was false at the time the petition was filed.
(b)
1. (1) The clerk of the court may provide order of protection petition forms to agencies that provide domestic violence assistance.
2. (2) Any agency that meets with a victim in person and recommends that an order of protection be sought shall assist the victim in the completion of the form petition for filing with the clerk.
3. (3) No agency shall be required to provide this assistance unless it has been provided with the appropriate forms by the clerk.

History (8)

Acts 1995, ch. 410, § 3
1997, ch. 459, § 4
2002, ch. 666, § 1
2007, ch. 348, § 3
2008, ch. 1074, § 1
2009, ch. 263, § 1
2011, ch. 402, § 1
2021, ch. 60, §§ 3, 4.

§ 36-3-618. Purpose — Legislative intent.

The purpose of this part is to recognize the seriousness of domestic abuse as a crime and to assure that the law provides a victim of domestic abuse with enhanced protection from domestic abuse. A further purpose of this chapter is to recognize that in the past law enforcement agencies have treated domestic abuse crimes differently than crimes resulting in the same harm but occurring between strangers. Thus, the general assembly intends that the official response to domestic abuse shall stress enforcing the laws to protect the victim and prevent further harm to the victim, and the official response shall communicate the attitude that violent behavior is not excused or tolerated.

History (1)

Acts 1995, ch. 507, § 2.

§ 36-3-619. Officer response — Primary aggressor — Factors — Reports — Notice to victim of legal rights — Ex parte protection order.

(a) If a law enforcement officer has probable cause to believe that a person has committed a crime involving domestic abuse, whether the crime is a misdemeanor or felony, or was committed within or without the presence of the officer, the preferred response of the officer is arrest.
(b) If a law enforcement officer has probable cause to believe that two (2) or more persons committed a misdemeanor or felony, or if two (2) or more persons make complaints to the officer, the officer shall try to determine who was the primary aggressor. Arrest is the preferred response only with respect to the primary aggressor. The officer shall presume that arrest is not the appropriate response for the person or persons who were not the primary aggressor. If the officer believes that all parties are equally responsible, the officer shall exercise such officer's best judgment in determining whether to arrest all, any or none of the parties.
(c) To determine who is the primary aggressor, the officer shall consider:
1. (1) The history of domestic abuse between the parties;
2. (2) The relative severity of the injuries inflicted on each person;
3. (3) Evidence from the persons involved in the domestic abuse;
4. (4) The likelihood of future injury to each person;
5. (5) Whether one (1) of the persons acted in self-defense; and
6. (6) Evidence from witnesses of the domestic abuse.
(d) A law enforcement officer shall not:
1. (1) Threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage future requests for intervention by law enforcement personnel; or
2. (2) Base the decision of whether to arrest on:
  1. (A) The consent or request of the victim; or
  2. (B) The officer's perception of the willingness of the victim or of a witness to the domestic abuse to testify or participate in a judicial proceeding.
(e) When a law enforcement officer investigates an allegation that domestic abuse occurred, the officer shall make a complete report and file the report with the officer's supervisor in a manner that will permit data on domestic abuse cases to be compiled. If a law enforcement officer decides not to make an arrest or decides to arrest two (2) or more parties, the officer shall include in the report the grounds for not arresting anyone or for arresting two (2) or more parties.
Backlinks (1)
- 36-3-620(b)
(f) Every month, the officer's supervisor shall forward the compiled data on domestic abuse cases to the administrative director of the courts.
Backlinks (1)
- 36-3-620(c)
(g) When a law enforcement officer responds to a domestic abuse call, the officer shall:
1. (1) Offer to transport the victim to a place of safety, such as a shelter or similar location or the residence of a friend or relative, unless it is impracticable for the officer to transport the victim, in which case the officer shall offer to arrange for transportation as soon as practicable;
2. (2) Advise the victim of a shelter or other service in the community;
3. (3) Give the victim notice of the legal rights available by giving the victim a copy of the following statement:
  1. IF YOU ARE THE VICTIM OF DOMESTIC ABUSE, you have the following rights:
  2. 1. You may file a criminal complaint with the district attorney general (D.A.).
  3. 2. You may request a protection order. A protection order may include the following:
  4. (A) An order preventing the abuser from committing further domestic abuse against you;
  5. (B) An order requiring the abuser to leave your household;
  6. (C) An order preventing the abuser from harassing you or contacting you for any reason;
  7. (D) An order giving you or the other parent custody of or visitation with your minor child or children;
  8. (E) An order requiring the abuser to pay money to support you and the minor children if the abuser has a legal obligation to do so; and
  9. (F) An order preventing the abuser from stalking you.
  10. The area crisis line is
  11. The following domestic abuse shelter/programs are available to you:
  14. and
4. (4) Offer to transport the victim to the location where arrest warrants are issued in that city or county and assist the victim in obtaining an arrest warrant against the alleged abuser.
5. (h)
  1. (1) For good cause shown, the court may issue an ex parte order of protection pursuant to § 36-3-605 upon a sworn petition filed by a law enforcement officer responding to an incident of domestic abuse who asserts in the petition reasonable grounds to believe that a person is in immediate and present danger of abuse, as defined in § 36-3-601, and that the person has consented to the filing in writing; provided, that the person on whose behalf the law enforcement officer seeks the ex parte order of protection shall be considered the petitioner for purposes of this part.
  2. (2) The law enforcement officer may seek on behalf of the person the ex parte order regardless of the time of day and whether or not an arrest has been made.
  3. (3) If an ex parte order is issued pursuant to this section outside of the issuing court's normal operating hours:
    1. (A) The law enforcement officer, judge, or judicial official shall cause the petition and order to be filed with the court as soon as practicable after issuance, but no later than two (2) business days after issuance; and
    2. (B) The law enforcement officer shall use reasonable efforts to notify the person on whose behalf the petition was filed and provide the person with a copy of the ex parte order as soon as practicable after issuance.
  4. (4) The court shall cause a copy of the petition, a notice of the date set for the hearing, and a copy of the ex parte order of protection to be served upon the respondent in accordance with § 36-3-605(c). A hearing on whether or not the ex parte order of protection should be dissolved, extended, or modified shall be held within fifteen (15) days of service of the order on the respondent. The person who consented to the filing shall be given notice of the hearing and the right to be present at the hearing. The procedures set forth in § 36-3-605 shall apply.
  5. (5) Law enforcement officers shall not be subject to civil liability under this section for failure to file a petition or for any statement made or act performed in filing the petition, if done in good faith.

Backlinks (2)

History (3)

Acts 1995, ch. 507, § 5
1996, ch. 684, §§ 3, 4
2016, ch. 906, § 3.

§ 36-3-620. Seizure of weapons in possession of alleged domestic abuser.

(a)
1. (1) If a law enforcement officer has probable cause to believe that a criminal offense involving domestic abuse against a victim, as defined in § 36-3-601, has occurred, the officer shall seize all weapons that are alleged to have been used by the abuser or threatened to be used by the abuser in the commission of a crime.
2. (2) Incident to an arrest for a crime involving domestic abuse against a victim, as defined in § 36-3-601, a law enforcement officer may seize a weapon that is in plain view of the officer or discovered pursuant to a consensual search, if necessary for the protection of the officer or other persons; provided, that a law enforcement officer is not required to remove a weapon such officer believes is needed by the victim for self defense.
(b) The provisions of § 39-17-1317, relative to the disposition of confiscated weapons, shall govern all weapons seized pursuant to this section that were used or threatened to be used by the abuser to commit the crime; provided, that if multiple weapons are seized, the court shall have the authority to confiscate only the weapon or weapons actually used or threatened to be used by the abuser to commit the crime. All other weapons seized shall be returned upon disposition of the case. Also, the officer shall append an inventory of all seized weapons to the domestic abuse report that the officer files with the officer's supervisor pursuant to § 36-3-619(e).
(c) The officer's supervisor shall include the appended information on seized weapons in the compilation of data that the officer's supervisor forwards to the administrative director of the courts pursuant to § 36-3-619(f).

History (3)

Acts 1995, ch. 507, § 6
1997, ch. 211, § 5
1997, ch. 459, § 2.

§ 36-3-621. Wireless telephone service for victims of domestic violence.

(a) A petitioner may, at the time of filing a petition for an order of protection, request that the court issue an order directing a wireless telephone service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to the petitioner if the petitioner:
1. (1) Is not the account holder; and
2. (2) Proves by a preponderance of the evidence that the petitioner and any minor children in the petitioner's care are the primary users of the wireless telephone numbers that will be ordered transferred by a court under this subsection (a).
(b)
1. (1) An order transferring the billing responsibility for and rights to the wireless telephone number or numbers to a petitioner under subsection (a) must be a separate order that is directed to the wireless telephone service provider.
2. (2) The order must list:
  1. (A) The name and billing telephone number of the account holder;
  2. (B) The name and contact information of the petitioner to whom the telephone number or numbers will be transferred; and
  3. (C) Each telephone number to be transferred to the petitioner.
3. (3) The court shall ensure that the petitioner's contact information is not provided to the account holder in proceedings held under this section.
4. (4) The order must be served on the wireless telephone service provider's agent for service of process.
5. (5) The wireless service provider shall notify the requesting party if the wireless telephone service provider cannot operationally or technically effectuate the order due to certain circumstances, including when:
  1. (A) The account holder has already terminated the account;
  2. (B) Differences in network technology prevent the functionality of a device on the network; or
  3. (C) There are geographic or other limitations on network or service availability.
(c)
1. (1) Upon a wireless telephone service provider's transfer of billing responsibility for and rights to a wireless telephone number or numbers to a petitioner under subsection (b), the petitioner shall assume:
  1. (A) Financial responsibility for the transferred wireless telephone number or numbers;
  2. (B) Monthly service costs; and
  3. (C) Costs for any mobile device associated with the wireless telephone number or numbers.
2. (2) A transfer ordered under subsection (b) does not preclude a wireless telephone service provider from applying any routine and customary requirements for account establishment to the petitioner as part of the transfer of billing responsibility for a wireless telephone number or numbers and any devices attached to that number or numbers, including, but not limited to, identification, financial information, and customer preferences.
(d) This section does not affect the ability of the court to apportion the assets and debts of the parties as provided for in law, or the ability to determine the temporary use, possession, and control of personal property under this chapter.
(e) Notwithstanding any other law to the contrary, no cause of action shall lie in any court nor shall any civil, criminal, or administrative proceeding be commenced by a governmental entity against any wireless telephone service provider, or its directors, officers, employees, agents, or vendors, for:
1. (1) Action taken in compliance with an order issued under this section;
2. (2) A failure to process an order issued under this section, unless the failure is the result of gross negligence, which must be shown by clear and convincing evidence; or
3. (3) Providing in good faith call location information or other information, facilities, or assistance in accordance with subsection (a) or any rules promulgated under this section.
(f) If an order of protection is issued, but a separate order under § 36-3-606(a)(12) did not issue at the time of the order, or if the order of protection was issued prior to the availability of the relief under § 36-3-606(a)(12), a petitioner may, at any time, petition the court issuing the order of protection to modify the order and require a wireless service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to the petitioner pursuant to this section.

Backlinks (1)

36-3-606(a)(12)

History (1)

Acts 2018, ch. 729, § 1.

§ 36-3-622. Out-of-state protection orders.

(a) Any valid protection order related to abuse, domestic abuse, or domestic or family violence, issued by a court of another state, tribe or territory shall be afforded full faith and credit by the courts of this state and enforced as if it were issued in this state.
(b)
1. (1) A protection order issued by a state, tribal or territorial court related to abuse, domestic abuse or domestic or family violence shall be deemed valid if the issuing court has jurisdiction over the parties and matter under the law of the issuing state, tribe or territory. There shall be a presumption in favor of validity where an order appears authentic on its face.
2. (2) For a foreign protection order to be valid in this state, the respondent must have been given reasonable notice and the opportunity to be heard before the order of the foreign state, tribe or territory was issued; provided, that in the case of ex parte orders, notice and opportunity to be heard must have been given as soon as possible after the order was issued, consistent with due process.
3. (3) Failure to provide reasonable notice and the opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of a foreign protection order.
(c) A petitioner may present a certified copy of a foreign order of protection to a court having jurisdiction of orders of protection in the county in which the petitioner believes enforcement may be necessary. The clerk of such court shall receive the certified copies of any foreign order of protection and any supporting documents used to show the validity of such order and shall maintain such orders, along with any submitted documents. No costs, fees or taxes shall be charged by the clerks for this service. If an enforcement action is instituted in the court pursuant to any such order, the clerk shall file the order and shall otherwise treat the enforcement action as a case, except that all court costs, fees and litigation taxes shall be taxed by the judge at the adjudication of the enforcement action. It shall be a defense to any action taken for the enforcement of such order that the order is not valid as provided in subsection (b) or (d). No person shall present a foreign order of protection to a clerk that the person knows to no longer be in effect. A foreign order of protection shall continue in effect for the period of time specified in the order, and, if no time limitation is so specified, then the order shall continue in effect for a period of one (1) year from the date on which it is first presented to a Tennessee court pursuant to subsection (c); provided, that a continuation of any such order may be granted by the court subject to the requirements set forth in § 36-3-605.
(d) A protection order entered against both the petitioner and respondent shall not be enforceable against the petitioner in a foreign jurisdiction unless:
1. (1) The respondent filed a cross- or counter-petition, or a complaint or other written pleading was filed seeking such a protection order; and
2. (2) The issuing court made specific findings of domestic or family violence against the petitioner.
(e) The clerk shall be under no obligation to make a determination as to the validity of such orders or documentation, but shall forward a copy of the foreign protection order and any supporting documentation filed with the order to the local police or sheriff's office, as provided for in § 36-3-609.
(f) Upon request, the clerk shall provide a copy of the order to the person offering the same showing proof of receipt by the clerk's office.
(g) Regardless of whether a foreign order of protection has been filed in this state pursuant to this section, a law enforcement officer may rely upon a copy of any such protection order that has been provided to the officer by any source and may also rely upon the statement of any person protected by a foreign order that the order remains in effect. A law enforcement officer acting in good faith shall be immune from civil and criminal liability in any action in connection with a court's finding that the foreign order was for any reason not enforceable.

History (2)

Acts 1997, ch. 250, § 1
2011, ch. 39, §§ 2, 3.

§ 36-3-623. Confidentiality of records of shelters, centers, providers.

(a) The records of domestic violence shelters, rape crisis centers, and human trafficking service providers shall be treated as confidential by the records custodian of such shelters, centers, or providers unless:
1. (1) The individual to whom the records pertain authorizes their release; or
2. (2) A court approves a subpoena for the records, subject to such restrictions as the court may impose, including in camera review.
(b) As used in this section, “human trafficking service providers” means agencies or groups that are incorporated as a not-for-profit organization for at least six (6) months, are tax-exempt under § 501 of the Internal Revenue Code (26 U.S.C. § 501), and that have provided services to victims of human trafficking.

Backlinks (2)

History (3)

Acts 1999, ch. 344, § 5
2005, ch. 226, § 1
2018, ch. 613, § 1.

§ 36-3-624. Death review teams established — Protocol — Composition of teams — Disclosure of communications — Authority to subpoena.

(a) A county may establish an interagency domestic abuse death review team to assist local agencies in identifying and reviewing domestic abuse deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic abuse cases.
(b) For purposes of this section, “domestic abuse” has the meaning set forth in § 36-3-601.
(c) A county may develop a protocol that may be used as a guideline to assist coroners and other persons who perform autopsies on domestic abuse victims in the identification of domestic abuse, in the determination of whether domestic abuse contributed to death or whether domestic abuse had occurred prior to death but was not the actual cause of death, and in the proper written reporting procedures for domestic abuse, including the designation of the cause and mode of death.
(d) County domestic abuse death review teams may be comprised of, but not limited to, the following:
1. (1) Experts in the field of forensic pathology;
2. (2) Medical personnel with expertise in domestic violence abuse;
3. (3) Coroners and medical examiners;
4. (4) Criminologists;
5. (5) District attorneys general and city attorneys;
6. (6) Domestic abuse shelter staff;
7. (7) Legal aid attorneys who represent victims of abuse;
8. (8) A representative of the local bar association;
9. (9) Law enforcement personnel;
10. (10) Representatives of local agencies that are involved with domestic abuse reporting;
11. (11) County health department staff who deal with domestic abuse victims' health issues;
12. (12) Representatives of local child abuse agencies; and
13. (13) Local professional associations of persons described in subdivisions (d)(1)-(10), inclusive.
(e) An oral or written communication or a document shared within or produced by a domestic abuse death review team related to a domestic abuse death is confidential and not subject to disclosure or discoverable by a third party. An oral or written communication or a document provided by a third party to a domestic abuse death review team is confidential and not subject to disclosure or discoverable by a third party. Notwithstanding the foregoing, recommendations of a domestic abuse death review team upon the completion of a review may be disclosed at the discretion of a majority of the members of a domestic abuse death review team.
(f) To complete a review of a domestic abuse death, whether confirmed or suspected, each domestic abuse death review team shall have access to and subpoena power to obtain all records of any nature maintained by any public or private entity that pertain to a death being investigated by the team. Such records include, but are not limited to, police investigations and reports, medical examiner investigative data and reports, and social service agency reports, as well as medical records maintained by a private health care provider or health care agency. Any entity or individual providing such information to the local team shall not be held liable for providing the information.

History (1)

Acts 2000, ch. 788, § 1.

§ 36-3-625. Dispossession of firearms.

(a) Upon issuance of an order of protection that fully complies with 18 U.S.C. § 922(g)(8), the order shall include on its face the following disclosures:
1. (1) That the respondent is required to dispossess the respondent by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, of all firearms the respondent possesses within forty-eight (48) hours of the issuance of the order;
2. (2) That the respondent is prohibited from possessing a firearm for so long as the order of protection or any successive order of protection is in effect, and may reassume possession of the dispossessed firearm at such time as the order expires or is otherwise no longer in effect; and
3. (3) Notice of the penalty for any violation of this section and § 39-17-1307(f).
Backlinks (1)
- 36-3-606(f)
(b) The court shall then order and instruct the respondent:
1. (1) To terminate the respondent’s physical possession of the firearms in the respondent's possession by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, within forty-eight (48) hours;
2. (2) To complete and return the affidavit of firearm dispossession form created pursuant to subsection (e), which the court may provide the respondent or direct the respondent to the administrative office of the courts' website; and
3. (3) That if the respondent possesses firearms as business inventory or that are registered under the National Firearms Act (26 U.S.C. §§ 5801 et seq.), there are additional statutory provisions that may apply and shall include these additional provisions in the content of the order.
(c) Upon issuance of the order of protection, its provisions and date and time of issuance shall be transmitted to the sheriff and all local law enforcement agencies in the county where the respondent resides.
(d) When the respondent is lawfully dispossessed of firearms as required by this section, the respondent shall complete an affidavit of firearms dispossession form created pursuant to subsection (e) and return it to the court issuing the order of protection.
(e) The affidavit of firearms dispossession form shall be developed by the domestic violence state coordinating council, in consultation with the administrative office of the courts. Upon completion, the form shall be posted on the website of the administrative office of the courts where it can be copied by respondents or provided to them by the court or the court clerk.
(f) In determining what a lawful means of dispossession is:
1. (1) If the dispossession, including, but not limited to, the transfer of weapons registered under the National Firearms Act (26 U.S.C. §§ 5801 et seq.), that requires the approval of any state or federal agency prior to the transfer of the firearm, the respondent may comply with the dispossession requirement by having the firearm or firearms placed into a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access;
2. (2) If the respondent is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives. The order of protection shall not require the surrender or transfer of the inventory if there are one (1) or more individuals who are responsible parties under the federal license who are not the respondent subject to the order of protection.
Backlinks (1)
- 39-13-113(h)(2)
(g) A firearm subject to this section shall not be forfeited as provided in § 39-17-1317, unless the possession of the firearm prior to the entry of the order of protection constituted an independent crime of which the respondent has been convicted or the firearms are abandoned by the respondent.
(h)
1. (1) It is an offense for a person subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8) to knowingly fail to surrender or transfer all firearms the respondent possesses as required by this section.
2. (2) A violation of subdivision (h)(1) is a Class A misdemeanor and each violation shall constitute a separate offense.
3. (3) If the violation of subdivision (h)(1) also constitutes a violation of § 39-13-113(h) or § 39-17-1307(f), the respondent may be charged and convicted under any or all such sections.
Backlinks (2)
- 39-13-113(h)(4)
- 39-17-1307(f)(5)

History (1)

Acts 2009, ch. 455, § 3.

§ 36-3-626. Authorization to carry handgun after order of protection granted and while application for temporary handgun permit pending.

(a) A person who petitions the court and is granted an order of protection, ex parte or otherwise, pursuant to this part is authorized to, for twenty-one (21) calendar days after that order of protection is granted, carry any handgun, as defined in § 39-17-1319, that the person legally owns or possesses so long as the person has in the person's possession at all times while carrying the handgun a copy of the order of protection.
(b) A person who does not apply for a temporary handgun carry permit under § 39-17-1365 within the time period set forth in § 39-17-1365(a) shall not be authorized to carry a handgun under subsection (a) once that time period has expired.
(c) A person who has applied for a temporary handgun carry permit under § 39-17-1365 may continue to carry a handgun after the time period in subsection (a) has expired while that application is pending, so long as the person has in the person's possession at all times while carrying the handgun both a copy of the temporary handgun carry permit application receipt as provided by the department and a copy of the order of protection.

Backlinks (1)

39-17-1308(a)(11)

History (1)

Acts 2017, ch. 468, § 1.

§ 36-3-627. Lifetime order of protection.

(a)
1. (1) Notwithstanding § 36-3-608, a victim of any of the following offenses may file a petition for a lifetime order of protection against the offender who was convicted of the offense:
  1. (A) A felony offense under title 39, chapter 13, part 1, 2, 3, or 5;
  2. (B) Harassment under § 39-17-308(b); or
  3. (C) Aggravated stalking or especially aggravated stalking under § 39-17-315(c) or (d).
2. (2) As used in this section, “victim” has the meaning given in § 40-38-203.
(b) A petition filed by an unemancipated person under eighteen (18) years of age must be signed by one (1) of that person's parents or by that person's guardian. The petition may also be signed by a caseworker at a not-for-profit organization that receives funds pursuant to title 71, chapter 6, part 2 for family violence and child abuse prevention and shelters; provided, however, that a petition signed by a caseworker may not be filed against the unemancipated minor's parent or legal guardian. In such case, unless the court finds that the action would create a threat of serious harm to the minor, a copy of the petition and notice of hearing shall also be served on the parents of the minor child, or if the parents are not living together and jointly caring for the child, upon the primary residential parent. In cases before the juvenile court where the department of children's services is a party or where a guardian ad litem has been appointed for the child by the juvenile court, the petition may be filed by the department or the guardian ad litem.
(c) Venue for a petition for an order of protection under this section, and all other matters relating to orders of protection, is in the county where the respondent resides or the county in which the offense occurred. If the respondent is not a resident of this state, the petition may be filed in the county where the petitioner resides.
(d) The court shall cause a copy of the petition and notice of the date set for the hearing on such petition to be served upon the respondent at least five (5) days prior to the hearing. The notice must advise the respondent that the respondent may be represented by counsel. In every case, unless the court finds that the action would create a threat of serious harm to the minor, when a petitioner is under eighteen (18) years of age, a copy of the petition, and notice of hearing must also be served on the parents of the minor child, or in the event that the parents are not living together and jointly caring for the child, upon the primary residential parent, pursuant to the requirements of this section.
(e) At the hearing on the petition, the court shall, if the petitioner has proved the respondent was convicted of an offense listed in subsection (a) and that the petitioner was the victim of the offense, issue a lifetime order of protection that remains in effect until the death of the petitioner or the respondent. If the petitioner has not provided proof that respondent was convicted of such an offense and that the petitioner was the victim of the offense, the court shall dismiss the petition.
(f) An order of protection granted under this section must:
1. (1) Prohibit the respondent from coming about the petitioner for any purpose, from telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly;
2. (2) Include a statement of the maximum penalty that may be imposed pursuant to § 36-3-610 for violating such order; and
3. (3) Be valid and enforceable in any county of this state.
(g) A lifetime order of protection is effective and must be served as provided in § 36-3-609.
(h)
1. (1) Upon violation of a lifetime order of protection, the court may hold the defendant in civil or criminal contempt and, following a contempt hearing as provided in § 36-3-612, punish the defendant in accordance with the law. A judge of the general sessions court has the same power as a court of record to punish the defendant for contempt when exercising jurisdiction pursuant to this part or when exercising concurrent jurisdiction with a court of record. A judge of the general sessions court who is not a licensed attorney shall appoint an attorney referee to hear charges of criminal contempt.
2. (2) In addition to the authorized punishments for contempt of court, the judge may assess any person who violates a lifetime order of protection a civil penalty of fifty dollars ($50.00). The judge may further order that any support payment made pursuant to an order of protection or a court-approved consent agreement be made under an income assignment to the clerk of court. Upon collecting the civil penalty imposed by this subdivision (h)(2), the clerk shall, on a monthly basis, send the money to the state treasurer who shall deposit it in the domestic violence community education fund created by § 36-3-616.
(i) An arrest for violation of a lifetime order of protection issued pursuant to this section may be with or without warrant. A law enforcement officer shall arrest the respondent without a warrant if:
1. (1) The officer has proper jurisdiction over the area in which the violation occurred;
2. (2) The officer has reasonable cause to believe the respondent has violated or is in violation of a lifetime order for protection; and
3. (3) The officer has verified whether a lifetime order of protection is in effect against the respondent. If necessary, the officer may verify the existence of a lifetime order for protection by telephone or radio communication with the appropriate law enforcement agency.

History (2)

Acts 2021, ch. 60, § 2
2024, ch. 632, § 1.

Part 7 Alienation of Affections

§ 36-3-701. Tort action abolished.

The common law tort action of alienation of affections is hereby abolished.

History (1)

Acts 1989, ch. 517, § 1.

Chapter 4 Divorce and Annulment

§ 36-4-101. Grounds for divorce from bonds of matrimony.

(a) The following are causes of divorce from the bonds of matrimony:
1. (1) Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation;
2. (2) Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting;
3. (3) Either party has committed adultery;
4. (4) Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year;
5. (5) Being convicted of any crime that, by the laws of the state, renders the party infamous;
6. (6) Being convicted of a crime that, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary;
7. (7) Either party has attempted the life of the other, by poison or any other means showing malice;
8. (8) Refusal, on the part of a spouse, to remove with that person's spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years;
9. (9) The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband;
10. (10) Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage;
11. (11) The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct;
  Backlinks (1)
  
  36-4-120(a)
12. (12) The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw;
13. (13) The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to so provide;
  Backlinks (3)
  
  20-5-106(c)(1)
  20-5-107(e)(1)
  20-5-110(c)(1)
14. (14) Irreconcilable differences between the parties; and
15. (15) For a continuous period of two (2) or more years that commenced prior to or after April 18, 1985, both parties have lived in separate residences, have not cohabited as man and wife during such period, and there are no minor children of the parties.
(b) A complaint or petition for divorce on any ground for divorce listed in this section must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age, and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age. The sixty-day or ninety-day period shall commence on the date the complaint or petition is filed.

Backlinks (9)

History (21)

Code 1858, § 2448 (deriv. Acts 1819, ch. 20, § 2
1835-1836, ch. 26, §§ 1, 2
1841-1842, ch. 133, § 3
1843-1844, ch. 176, § 1)
Acts 1867-1868, ch. 63, § 1
1867-1868, ch. 68, § 1
Shan., § 4201
mod. Code 1932, § 8426
Acts 1961, ch. 168, § 1
1972, ch. 679, § 1
1977, ch. 107, § 1
1978, ch. 577, § 1
1981, ch. 311, § 1
1981, ch. 420, § 1
1981, ch. 532, § 1
1982, ch. 853, § 2
T.C.A. (orig. ed.), § 36-801(I)
Acts 1985, ch. 178, § 1
1989, ch. 393, § 1
1998, ch. 1059, § 1
2007, ch. 519, § 1.

§ 36-4-102. Legal separation.

(a) A party who alleges grounds for divorce from the bonds of matrimony may, as an alternative to filing a complaint for divorce, file a complaint for legal separation. Such complaint shall set forth the grounds for legal separation in substantially the language of § 36-4-101 and pray only for legal separation or for such other and further relief to which complainant may think to be entitled. The other party may deny the existence of grounds for divorce but, unless the other party specifically objects to the granting of an order of legal separation, the court shall declare the parties to be legally separated.
(b) If the other party specifically objects to legal separation, the court may, after a hearing, grant an order of legal separation, notwithstanding such objections if grounds are established pursuant to § 36-4-101. The court also has the power to grant an absolute divorce to either party where there has been an order of legal separation for more than two (2) years upon a petition being filed by either party that sets forth the original order for legal separation and that the parties have not become reconciled. The court granting the divorce shall make a final and complete adjudication of the support and property rights of the parties. However, nothing in this subsection (b) shall preclude the court from granting an absolute divorce before the two-year period has expired.
(c) Legal separation shall not affect the bonds of matrimony but shall permit the parties to cease matrimonial cohabitation. The court may provide for matters such as child custody, visitation, support and property issues during legal separation upon motion by either party or by agreement of the parties.
(d) Notwithstanding this section, a party who can establish grounds for divorce from the bonds of matrimony pursuant to § 36-4-101 shall be entitled to an absolute divorce pursuant to this chapter.

Backlinks (2)

History (10)

Code 1858, § 2449 (deriv. Acts 1835-1836, ch. 26, § 19
1841-1842, ch. 133, § 1)
Shan., § 4202
Acts 1919, ch. 70, § 1
mod. Code 1932, § 8427
Acts 1963, ch. 283, § 1
1967, ch. 284, § 1
T.C.A. (orig. ed.), § 36-802
Acts 1989, ch. 489, § 1
1998, ch. 1059, § 2.

§ 36-4-103. Irreconcilable differences — Procedure.

(a)
1. (1) In all divorces sought because of irreconcilable differences between the parties, if the defendant is a nonresident, personal service may be effectuated by service upon the secretary of state pursuant to § 20-2-215.
2. (2) In lieu of service of process, the defendant may enter into a written notarized marital dissolution agreement with plaintiff that makes specific reference to a pending divorce by a court and docket number, or states that the defendant is aware that one will be filed in this state and that the defendant waives further service and waives filing an answer to the complaint. Such waiver of service shall be valid for a period of one hundred eighty (180) days from the date the last party signs the agreement. The agreement may include the obligation and payment of alimony, in solido or in futuro, to either of the parties, any other law notwithstanding. The signing of such an agreement shall be in lieu of service of process for the period such waiver is valid and shall constitute a general appearance before the court and answer that shall give the court personal jurisdiction over the defendant, and constitute a default judgment for the purpose of granting a divorce on the grounds of irreconcilable differences.
3. (3) No divorce heretofore granted shall be invalid because the agreement was signed and notarized or acknowledged prior to filing under prior law before the action was filed.
(b) No divorce shall be granted on the ground of irreconcilable differences unless the court affirmatively finds in its decree that the parties have made adequate and sufficient provision by written agreement for the custody and maintenance of any children of that marriage and for the equitable settlement of any property rights between the parties. If the court does not affirmatively find that the agreement is sufficient or equitable, the cause shall be continued by the court to allow further disposition by the petitioner. If both parties are present at the hearing, they may, at that time, ratify any amendments the court may have to the agreement. The amended agreement shall then become a part of the decree. The agreement shall be incorporated in the decree or incorporated by reference, and such decree may be modified as other decrees for divorce. Approval of the agreement by the court satisfies the requirements of Rule 52.01 of the Tennessee Rules of Civil Procedure, and the court is not required to make written findings of fact and conclusions of law as to whether the parties' agreed amendment makes adequate and sufficient provisions for the custody and maintenance of any children of that marriage or whether the agreement is in the best interest of the parties' children.
(c)
1. (1) Bills for divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age, and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age. The sixty-day or ninety-day period bills for divorce must be on file shall commence on the date the original bill was filed and not on the date the bill was amended to include the ground of irreconcilable differences.
2. (2) A divorce decree or order issued prior to March 22, 1996, in which the hearing for such divorce occurred before the specified time periods required by this subsection (c), shall remain valid and the parties shall remain divorced. Likewise, all other issues resolved in the divorce decree, order or agreement, such as distribution of marital property, alimony, child support and custody, shall remain valid and in full force and effect.
(d)
1. (1) A bill of complaint for divorce where the respondent has been personally served or acknowledged as set out in subsection (a), which includes the ground of irreconcilable differences, may be taken as confessed and a final decree entered thereon, as in other cases and without corroborative proof or testimony, §§ 36-4-107 and 36-4-114 to the contrary notwithstanding.
2. (2) For purposes of this section, “without corroborative proof or testimony” means that the petitioner shall not be required to testify as to the material facts constituting irreconcilable differences or any attempts to reconcile such differences.
(e) If there has been a contest or denial of the grounds of irreconcilable differences, no divorce shall be granted on the grounds of irreconcilable differences. However, a divorce may be granted on the grounds of irreconcilable differences where there has been a contest or denial, if a properly executed marital dissolution agreement is presented to the court.
(f) Irreconcilable differences may be asserted as a sole ground for divorce or as an alternate ground for divorce with any other cause for divorce set out in § 36-4-101 or § 36-4-102.
(g) Notwithstanding any law to the contrary requiring mediation, the filing with the court of a properly executed marital dissolution agreement and, if there are minor children of the marriage, a properly executed parenting plan shall serve to remove any requirement that the parties shall attend mediation. If the court does not approve either the marital dissolution agreement or the parenting plan, then any requirement to attend mediation shall be reinstated as of the date of the court's rejection of either agreement.

Backlinks (1)

36-5-105(b)

History (24)

Code 1858, § 2448 (deriv. Acts 1819, ch. 20, § 2
1835-1836, ch. 26, §§ 1, 2
1841-1842, ch. 133, § 3
1843-1844, ch. 176, § 1)
Acts 1867-1868, ch. 63, § 1
1867-1868, ch. 68, § 1
Shan., § 4201
mod. Code 1932, § 8426
Acts 1961, ch. 168, § 1
1972, ch. 679, § 1
1977, ch. 107, § 1
1978, ch. 577, § 1
1981, ch. 311, § 1
1981, ch. 420, § 1
1981, ch. 532, § 1
1982, ch. 853, § 2
T.C.A. (orig. ed.), § 36-801(II)
Acts 1987, ch. 390, §§ 3, 4
1989, ch. 489, §§ 2, 3
1991, ch. 234, § 1
1996, ch. 655, § 2
1998, ch. 1059, § 4
2008, ch. 868, § 1
2020, ch. 520, § 1.

§ 36-4-104. Residence requirements.

(a) A divorce may be granted for any of the causes referenced in § 36-4-101 if the acts complained of were committed while the plaintiff was a bona fide resident of this state or if the acts complained of were committed out of this state and the plaintiff resided out of the state at the time, if the plaintiff or the defendant has resided in this state six (6) months next preceding the filing of the complaint.
(b) For the purposes of this section, any person in the armed services of the United States, or the spouse of any such person, who has been living in this state for a period of not less than one (1) year shall be presumed to be a resident of this state, and the presumption of residence shall be overcome only by clear and convincing evidence of a domicile elsewhere.

History (11)

Code 1858, § 2450 (deriv. Acts 1799, ch. 19, § 7
1835-1836, ch. 26, § 1
1839-1840, ch. 54, § 1
1845-1846, ch. 67, § 1)
Shan., § 4203
Code 1932, § 8428
Acts 1957, ch. 274, § 1
1971, ch. 363, § 1
1973, ch. 219, § 1
1976, ch. 548, § 1
T.C.A. (orig. ed.), § 36-803.

§ 36-4-105. Venue.

(a) The bill or petition may be filed in the proper name of the complainant, in the chancery or circuit court or other court having divorce jurisdiction, in the county where the parties reside at the time of their separation, or in which the defendant resides, if a resident of the state; but if the defendant is a nonresident of the state or a convict, then in the county where the applicant resides.
(b) Any divorce granted prior to May 4, 1967, will not be deemed void solely on the ground that the parties to the divorce action were residents of a county or counties other than the county in which the divorce decree was entered.

History (9)

Code 1858, § 2451 (deriv. Acts 1835-1836, ch. 26, § 3)
Acts 1859-1860, ch. 88
Shan., § 4204
Code 1932, § 8429
Acts 1961, ch. 180, § 1
1963, ch. 153, § 1
1967, ch. 185, § 1
1971, ch. 363, § 2
T.C.A. (orig. ed.), § 36-804.

§ 36-4-106. Complaint for divorce or legal separation — Temporary injunctions.

(a)
1. (1) The complaint for divorce shall set forth the grounds for the divorce in substantially the language of § 36-4-101 or § 36-4-102, and pray only for a divorce from the defendant, or for a divorce and such other and further relief to which the complainant may think to be entitled. In cases wherein an answer is filed, the court shall, on motion of the defendant, require the complainant to file a bill of particulars, setting forth the facts relied on as grounds for the divorce, with reasonable certainty as to time and place.
2. (2) The complaint for legal separation shall set forth the grounds for legal separation in substantially the language of § 36-4-101, and pray for such further relief to which the complainant is entitled. In all cases where an answer is filed, the court shall, on motion of the defendant, require the complainant to file a bill of particulars, stating the facts relied on as a ground for legal separation, with reasonable certainty as to time and place.
(b)
1. (1) The complainant shall also allege the full name of the husband, the full maiden name of the wife, their mailing addresses, dates and places of their birth, race or color of each spouse, number of previous marriages of each spouse, date and place of the marriage of the parties, the number of their children who are minors at the time of the filing of the complaint, and any other litigation concerning the custody of those children in this or any other state in which either party has participated, as specified in § 36-6-224. Further, at the time a complaint or pleading is filed under this part, the filing party shall, simultaneously with the initial complaint or pleading filed by that party, file with the clerk a separate document that contains the full names and social security numbers, current mailing addresses and dates of birth of the husband, the wife, and those of all children born of the marriage. The filing party shall provide to the clerk one (1) eight and one-half inch by eleven inch (8½″ x 11″) envelope labeled with the names of the parties, which shall be marked with the docket number. The clerk shall file stamp the document and the envelope, store the document in the envelope, which shall be sealed, and place the sealed envelope in the case file. The social security numbers and other information filed with the clerk shall be available to the clerk of court for processing of documents and legal actions such as, but not limited to, divorce certificates, garnishments, and income assignments. On request, the sealed information shall be made available to the department of human services and any other agency required by law to have access to the information, and to other persons or agencies as ordered by the court. It shall be mandatory that every complaint filed under this chapter shall contain the foregoing information or that such information is provided by the parties and is contained in the court's records as described above prior to the entry of the final decree of divorce, unless it can be shown to the satisfaction of the court that such information could not be obtained by the complainant or petitioner by exercising due diligence or after the court has granted a reasonable time to amend the complaint. In lieu of a mailing address, either party may designate an agent for the service of process throughout the proceedings and, except as provided in subdivision (b)(2), the name and address of such agent shall be the only address used for the designating party in all petitions, pleadings, motions and orders relating to such divorce action.
2. (2) If the complainant or the defendant shows to the satisfaction of the court in which the petition is filed that the residential address of the other party is relevant and necessary in order to prove the allegations contained in the complaint or to ascertain information necessary to determine value and/or ownership of property, or to ascertain other data necessary to evaluate and agree upon a property division or custody or defend against such allegations, the court may order either party to reveal such residential address to the other party.
3. (3) If the complainant elects to designate an agent for service of process in lieu of the mailing address as authorized by this subsection (b) but does not designate a specific person, the complainant's attorney shall be deemed the complainant's agent for service of process.
Backlinks (1)
- 36-6-224(a)
(c) Notwithstanding any other law to the contrary, the plaintiff or other party shall not be required in those counties having a divorce proctor to file an affidavit swearing that the defendant is not in the military service where:
1. (1) The complaint states facts that would make the defendant ineligible for military service; or
2. (2) The residence address of the defendant is set forth in the complaint, and:
  1. (A) The defendant has been personally served with service of process, or has been mailed a copy of the complaint by a divorce proctor;
  2. (B) The defendant has actual notice of the commencement of the suit;
  3. (C) Proof of mailing to the defendant of notice of the suit is exhibited to the court; or
  4. (D) The defendant is represented by an attorney.
(d)
1. (1) Upon the filing of a petition for divorce or legal separation, and upon personal service of the complaint and summons on the respondent or upon waiver and acceptance of service by the respondent, the following temporary injunctions shall be in effect against both parties until the final decree of divorce or order of legal separation is entered, the petition is dismissed, the parties reach agreement, or until the court modifies or dissolves the injunction, written notice of which shall be served with the complaint:
  1. (A)
    1. (i) An injunction restraining and enjoining both parties from transferring, assigning, borrowing against, concealing or in any way dissipating or disposing, without the consent of the other party or an order of the court, of any marital property. Nothing herein is intended to preclude either of the parties from seeking broader injunctive relief from the court;
    2. (ii) Expenditures from current income to maintain the marital standard of living and the usual and ordinary costs of operating a business are not restricted by this injunction. Each party shall maintain records of all expenditures, copies of which shall be available to the other party upon request;
  2. (B) An injunction restraining and enjoining both parties from voluntarily canceling, modifying, terminating, assigning, or allowing to lapse for nonpayment of premiums, any insurance policy, including, but not limited to, life, health, disability, homeowners, renters, and automobile, where such insurance policy provides coverage to either of the parties or the children, or that names either of the parties or the children as beneficiaries without the consent of the other party or an order of the court. “Modifying” includes any change in beneficiary status;
  3. (C) An injunction restraining both parties from harassing, threatening, assaulting or abusing the other and from making disparaging remarks about the other to or in the presence of any children of the parties or to either party's employer;
  4. (D) An injunction restraining and enjoining both parties from hiding, destroying or spoiling, in whole or in part, any evidence electronically stored or on computer hard drives or other memory storage devices;
  5. (E) An injunction restraining both parties from relocating any children of the parties outside the state, or more than fifty (50) miles from the marital home, without the permission of the other party or an order of the court, except in the case of a removal based upon a well-founded fear of physical abuse against either the fleeing parent or the child. In such cases, upon request of the nonrelocating parent, the court will conduct an expedited hearing, by telephone conference if appropriate, to determine the reasonableness of the relocation and to make such other orders as appropriate.
    Backlinks (1)
    
    36-6-108(g)
2. (2) The provisions of these injunctions shall be attached to the summons and the complaint and shall be served with the complaint. The injunctions shall become an order of the court upon fulfillment of the requirements of this subsection (d). However, nothing in this subsection (d) shall preclude either party from applying to the court for further temporary orders, an expanded temporary injunction, or modification or revocation of this temporary injunction.
3. (3) The temporary injunctions provided in this section shall only apply to the spousal parties named in the petition and shall not apply to any third party named in the petition; provided, however, that nothing in this subsection (d) shall preclude any party from applying to the court for an order of injunctive or extraordinary relief against any other party named in any petition as provided by law or rule.

History (18)

Code 1858, § 2452 (deriv. Acts 1835-1836, ch. 26, §§ 3, 18)
Shan., § 4205
mod. Code 1932, § 8430
Acts 1957, ch. 46, § 1
1957, ch. 74, § 1
1971, ch. 50, § 1
1971, ch. 437, § 1
T.C.A. (orig. ed.), § 36-805
Acts 1987, ch. 36, § 1
1994, ch. 975, §§ 1-3
1997, ch. 544, § 1
1997, ch. 551, § 31
1998, ch. 1059, §§ 8-10
2001, ch. 280, § 1
2002, ch. 565, § 1
2007, ch. 187, §§ 1-3
2009, ch. 280, § 1
2014, ch. 617, § 1.

§ 36-4-107. Verification of petition — Effect of noncompliance.

(a) The bill or petition, except those seeking a divorce from the bonds of matrimony on the grounds of irreconcilable differences, shall be verified by an affidavit, upon oath or affirmation, before a general sessions court judge, notary public or the judge or clerk of the court, or as provided in §§ 58-1-605 — 58-1-607, that the facts stated in the bill are true to the best of the complainant's knowledge and belief for the causes mentioned in the bill. The authority conferred in §§ 58-1-605 — 58-1-607 may be exercised beyond the continental limits of the United States.
(b) If the issue of whether the affidavit contains the complainant's verification that the complaint is not made out of levity or in collusion with the defendant is not raised at trial, each party waives the right to contest such issue on appeal.
(c) A divorce decree or order issued prior to March 22, 1996, in which the bill or petition for such divorce did not include the affidavit of verification required by this section shall remain valid and the parties shall remain divorced. Likewise, all other issues resolved in the divorce decree, order or agreement, such as distribution of marital property, alimony, child support and custody, shall remain valid and in full force and effect.

Backlinks (1)

36-4-103(d)(1)

History (10)

Code 1858, § 2453 (deriv. Acts 1835-1836, ch. 26, § 4)
Shan., § 4206
mod. Code 1932, § 8431
Acts 1953, ch. 174, § 1
modified
impl. am. Acts 1957, ch. 320, § 2
1977, ch. 107, § 3
T.C.A. (orig. ed.), § 36-806
Acts 1996, ch. 655, § 1
1996, ch. 872, § 1.

§ 36-4-108. Security for costs — Service of process.

(a) The complainant, upon giving security for costs, or otherwise complying with the law, shall have the usual process to compel the defendant to appear and answer the bill, or it may be taken for confessed, as in other chancery cases.
(b) In actions for annulment of marriage, service on the defendant may be by subpoena or by publication as in divorce cases.

History (7)

Code 1858, § 2454 (deriv. Acts 1831, ch. 20, § 1
1835-1836, ch. 26, §§ 3, 18
1841-1842, ch. 133, § 3)
Shan., § 4207
mod. Code 1932, § 8432
Acts 1957, ch. 100, § 1
T.C.A. (orig. ed.), §§ 36-807, 36-834.

§ 36-4-109. Time for hearing.

If the subpoena to answer has been served upon the defendant, or if publication has been completed as required by law, the cause may be set for hearing and tried at the first term of court thereafter.

History (6)

Code 1858, § 2455 (deriv. Acts 1841-1842, ch. 133, § 3)
Shan., § 4208
Code 1932, § 8433
Acts 1933, ch. 156, § 1
C. Supp. 1950, § 8433
T.C.A. (orig. ed.), § 36-808.

§ 36-4-110. Appearance and answer.

The defendant may appear according to the rules of the court and answer the bill upon oath or affirmation.

History (4)

Code 1858, § 2457 (deriv. Acts 1835-1836, ch. 26, § 5)
Shan., § 4210
Code 1932, § 8435
T.C.A. (orig. ed.), § 36-810.

§ 36-4-111. Failure to separate not a defense.

It is no impediment to a divorce that the offended spouse did not leave the marital domicile or separate from the offending spouse on account of the conduct of the offending spouse.

History (2)

Acts 1977, ch. 107, § 2
T.C.A., § 36-809.

§ 36-4-112. Defense when ground is adultery.

If the cause assigned for the divorce is adultery, it is a good defense and perpetual bar to the same if the defendant alleges and proves that:
1. (1) The complainant has been guilty of like act or crime;
2. (2) The complainant has admitted the defendant into conjugal society and embraces after knowledge of the criminal act;
3. (3) The complainant, if the husband, allowed the wife's prostitutions and received hire for them; or
4. (4) The husband exposed the wife to lewd company, whereby the wife became ensnared to the act or crime of adultery.

History (4)

Code 1858, § 2460 (deriv. Acts 1835-1836, ch. 26, § 9)
Shan., § 4213
mod. Code 1932, § 8438
T.C.A. (orig. ed.), § 36-811.

§ 36-4-113. Issues — Trial by jury — New trial.

Issues may be made up at the request of either party upon matters of fact charged in the bill or petition and denied in the answer, and be tried by a jury in presence of the court, and a new trial may be granted of the issues, should the court deem it necessary.

History (4)

Code 1858, § 2458 (deriv. Acts 1835-1836, ch. 26, § 5)
Shan., § 4211
Code 1932, § 8436
T.C.A. (orig. ed.), § 36-812.

§ 36-4-114. Proof required.

If the defendant admits the facts charged in the bill or petition and relied upon as the ground for a divorce, or the bill is taken for confessed, the court shall, nevertheless, before decreeing a divorce, except a divorce on the ground of irreconcilable differences, hear proof of the facts alleged as aforementioned, and either dismiss the bill or petition or grant a divorce, as the justice of the case may require.

Backlinks (1)

36-4-103(d)(1)

History (5)

Code 1858, § 2459 (deriv. Acts 1835-1836, ch. 26, § 6)
Shan., § 4212
mod. Code 1932, § 8437
Acts 1977, ch. 107, § 4
T.C.A. (orig. ed.), § 36-813.

§ 36-4-115. Form of proof.

Either party may take proof by depositions according to the rules or orders of the court, or have the witnesses examined in open court at pleasure.

History (4)

Code 1858, § 2462 (deriv. Acts 1835-1836, ch. 26, § 22)
Shan., § 4215
mod. Code 1932, § 8440
T.C.A. (orig. ed.), § 36-814.

§ 36-4-116. Affidavits of proof not required — Sworn statements concerning financial matters required — Sworn statements as evidence.

(a) No judge or chancellor shall require the filing of affidavits of proof from witnesses, plaintiffs, defendants, or petitioners and respondents in support of any complaint for divorce, legal separation, separate maintenance or annulment.
(b) Any such judge or chancellor may, however, require a sworn statement from such persons relative or pertaining to the income of the parties, their expenses, any real or personal property in which the parties have an interest and the extent of such parties' interest therein, and such sworn statement shall be admissible as evidence of the truth of the contents.

History (4)

Acts 1982, ch. 640, § 1
T.C.A., § 36-839
Acts 1991, ch. 273, § 39
1998, ch. 1059, § 3.

§ 36-4-117. Proof when ground is spouse's refusal to remove to this state.

If the divorce is sought by the complainant spouse on the ground of the defendant spouse's refusal to remove with the complainant spouse to this state, and of the defendant spouse's willful absence for two (2) years without reasonable cause, the complainant spouse shall prove endeavors to induce the defendant spouse to live with the complainant spouse after the separation, and that the complainant spouse did not remove from the state where the complainant spouse resided for the purpose of obtaining a divorce.

History (5)

Code 1858, § 2463 (deriv. Acts 1835-1836, ch. 26, § 2)
Shan., § 4216
Code 1932, § 8441
Acts 1982, ch. 853, § 3
T.C.A. (orig. ed.), § 36-815.

§ 36-4-118. Proof when ground is conviction of crime.

The proof that the defendant is a convict, or is sentenced to the penitentiary, if that is the cause relied upon for the divorce, shall be by the record of the conviction and sentence.

History (4)

Code 1858, § 2464 (deriv. Acts 1841-1842, ch. 133, § 3)
Shan., § 4217
Code 1932, § 8442
T.C.A. (orig. ed.), § 36-816.

§ 36-4-119. Decree of court generally.

If, upon hearing the cause, the court is satisfied that the complainant is entitled to relief, it may be granted either by pronouncing the marriage void from the beginning, or by dissolving it forever and freeing each party from the obligations thereof, or by a separation for a limited time.

History (4)

Code 1858, § 2465 (deriv. Acts 1835-1836, ch. 26, §§ 7, 19)
Shan., § 4218
Code 1932, § 8443
T.C.A. (orig. ed.), § 36-817.

§ 36-4-120. Ill conduct defense.

(a) If the cause assigned for a divorce is that specified in § 36-4-101(a)(11), the defendant may make defense by alleging and proving the ill conduct of the complainant as a justifiable cause for the conduct complained of, and on making out the defense to the satisfaction of the court, the bill may be dismissed with or without costs, in the discretion of the court.
(b) But, if the court is of the opinion that the complainant is entitled to relief, it may be granted, according to the prayer of the bill, by annulling the marriage, or by ordering a separation, perpetual or temporary, or such other decree as the nature and circumstances of the case require.

History (5)

Code 1858, §§ 2466, 2467 (deriv. Acts 1835-1836, ch. 26, §§ 19, 20)
Shan., §§ 4219, 4220
Code 1932, §§ 8444, 8445
T.C.A. (orig. ed.), §§ 36-818, 36-819
Acts 1998, ch. 1059, § 11.

§ 36-4-121. Division, distribution, or assignment of marital property — Allocation of marital debt.

(a)
1. (1) In all actions for divorce or legal separation, prior to any determination as to whether it is appropriate to order the support and maintenance of one (1) party by the other, the court having jurisdiction thereof shall:
  1. (A) Equitably divide, distribute, or assign the marital property between the parties without regard to marital fault in proportions as the court deems just based on the factors set forth in subsection (c); and
  2. (B) Allocate responsibility for paying the marital debt in proportions as the court deems just based on the factors set forth in subsection (i). The court may order the payment of all or a portion of the marital debt from the marital property prior to distribution of the marital property to the parties.
2. (2) In all actions for legal separation, the court, in its discretion, may equitably divide, distribute, or assign the marital property in whole or in part, or reserve the division or assignment of marital property until a later time. If the court makes a final distribution of marital property at the time of the decree of legal separation, then any property acquired after the date of the decree of legal separation is separate property. The court, in its discretion, may also make a final allocation of all or part of the marital debt existing at the time of the decree of legal separation, or the court may reserve the allocation of marital debt until a later time. If the court makes a final allocation of marital debt at the time of the decree of legal separation, then any debt acquired after the date of legal separation is separate debt.
3. (3)
  1. (A) Any auction sale of property ordered pursuant to this section shall be conducted in accordance with title 35, chapter 5.
  2. (B) To this end, the court shall be empowered to effectuate its decree by divesting and reinvesting title to such property and, where deemed necessary, to order a sale of such property and to order the proceeds divided between the parties.
  3. (C) The court may order title 35, chapter 5 to apply to any sale ordered by the court pursuant to this section.
  4. (D) The court, in its discretion, may impose any additional conditions or procedures upon the sale of property in divorce cases as are reasonably designed to ensure that such property is sold for its fair market value.
(b) As used in this chapter:
1. (1) “Marital debt”:
  1. (A) Means all debt incurred by either or both spouses during the course of the marriage through the date of the final hearing and any proceedings brought pursuant to Rule 59 of the Tennessee Rules of Civil Procedure; and
  2. (B) Includes debt incurred to pay attorney fees and expenses incurred in connection with the proceedings, and unpaid attorney fees and expenses incurred in connection with the proceedings through the date of the final hearing and any proceedings brought pursuant to Rule 59 of the Tennessee Rules of Civil Procedure;
2. (2)
  1. (A) “Marital property” means all real and personal property, both tangible and intangible, acquired by either or both spouses during the course of the marriage up to the date of the final divorce hearing and owned by either or both spouses as of the date of filing of a complaint for divorce, except in the case of fraudulent conveyance in anticipation of filing, and including any property to which a right was acquired up to the date of the final divorce hearing, and valued as of a date as near as reasonably possible to the final divorce hearing date. In the case of a complaint for legal separation, the court may make a final disposition of the marital property either at the time of entering an order of legal separation or at the time of entering a final divorce decree, if any. If the marital property is divided as part of the order of legal separation, any property acquired by a spouse thereafter is deemed separate property of that spouse. All marital property shall be valued as of a date as near as possible to the date of entry of the order finally dividing the marital property;
  2. (B)
    1. (i) “Marital property” includes income from, and any increase in the value during the marriage of, property determined to be separate property in accordance with subdivision (b)(4) if each party substantially contributed to its preservation and appreciation;
    2. (ii) “Marital property” includes the value of vested and unvested pension benefits, vested and unvested stock option rights, retirement, and other fringe benefit rights accrued as a result of employment during the marriage;
    3. (iii) The account balance, accrued benefit, or other value of vested and unvested pension benefits, vested and unvested stock option rights, retirement, and other fringe benefits accrued as a result of employment prior to the marriage, together with the appreciation of the value, shall be “separate property.” In determining appreciation for purposes of this subdivision (b)(2)(B)(iii), the court shall utilize any reasonable method of accounting to attribute postmarital appreciation to the value of the premarital benefits, even though contributions have been made to the account or accounts during the marriage, and even though the contributions have appreciated in value during the marriage; provided, however, the contributions made during the marriage, if made as a result of employment during the marriage and the appreciation attributable to these contributions, would be “marital property.” When determining appreciation pursuant to this subdivision (b)(2)(B)(iii), the concepts of commingling and transmutation shall not apply;
    4. (iv) Any withdrawals from assets described in subdivision (b)(2)(B)(iii) used to acquire separate assets of the employee spouse shall be deemed to have come from the separate portion of the account, up to the total of the separate portion. Any withdrawals from assets described in subdivision (b)(2)(B)(iii) used to acquire marital assets shall be deemed to have come from the marital portion of the account, up to the total of the marital portion;
  3. (C) “Marital property” includes recovery in personal injury, workers' compensation, social security disability actions, and other similar actions for the following: wages lost during the marriage, reimbursement for medical bills incurred and paid with marital property, and property damage to marital property;
  4. (D) As used in this subsection (b), “substantial contribution” may include, but not be limited to, the direct or indirect contribution of a spouse as homemaker, wage earner, parent or family financial manager, together with such other factors as the court having jurisdiction thereof may determine;
  5. (E) Property shall be considered marital property as defined by this subsection (b) for the sole purpose of dividing assets upon divorce or legal separation and for no other purpose; and assets distributed as marital property will not be considered as income for child support or alimony purposes, except to the extent the asset will create additional income after the division;
3. (3) “Separate debt” means:
  1. (A) All debt incurred by either spouse prior to the date of the marriage; and
  2. (B) All debt incurred after the entry of a decree of legal separation if the court allocated responsibility for payment of marital debt as part of the decree of legal separation;
4. (4) “Separate property” means:
  1. (A) All real and personal property owned by a spouse before marriage, including, but not limited to, assets held in individual retirement accounts (IRAs) as that term is defined in the Internal Revenue Code of 1986 (26 U.S.C.), as amended;
  2. (B) Property acquired in exchange for property acquired before the marriage;
  3. (C) Income from and appreciation of property owned by a spouse before marriage except when characterized as marital property under subdivision (b)(1);
  4. (D) Property acquired by a spouse at any time by gift, bequest, devise or descent;
  5. (E) Pain and suffering awards, victim of crime compensation awards, future medical expenses, and future lost wages; and
  6. (F) Property acquired by a spouse after an order of legal separation where the court has made a final disposition of property.
(c) In making equitable division of marital property, the court shall consider all relevant factors including:
1. (1) The duration of the marriage;
2. (2) The age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities and financial needs of each of the parties;
3. (3) The tangible or intangible contribution by one (1) party to the education, training or increased earning power of the other party;
4. (4) The relative ability of each party for future acquisitions of capital assets and income;
5. (5)
  1. (A) The contribution of each party to the acquisition, preservation, appreciation, depreciation or dissipation of the marital or separate property, including the contribution of a party to the marriage as homemaker, wage earner or parent, with the contribution of a party as homemaker or wage earner to be given the same weight if each party has fulfilled its role;
  2. (B) For purposes of this subdivision (c)(5), dissipation of assets means wasteful expenditures which reduce the marital property available for equitable distributions and which are made for a purpose contrary to the marriage either before or after a complaint for divorce or legal separation has been filed;
6. (6) The value of the separate property of each party;
7. (7) The estate of each party at the time of the marriage;
8. (8) The economic circumstances of each party at the time the division of property is to become effective;
9. (9) The tax consequences to each party, costs associated with the reasonably foreseeable sale of the asset, and other reasonably foreseeable expenses associated with the asset;
10. (10) In determining the value of an interest in a closely held business or similar asset, all relevant evidence, including valuation methods typically used with regard to such assets without regard to whether the sale of the asset is reasonably foreseeable. Depending on the characteristics of the asset, such considerations could include, but would not be limited to, a lack of marketability discount, a discount for lack of control, and a control premium, if any should be relevant and supported by the evidence;
11. (11) The amount of social security benefits available to each spouse;
12. (12) Such other factors as are necessary to consider the equities between the parties; and
13. (13) The total amount of attorney fees and expenses paid by each party in connection with the proceedings; whether the attorney fees and expenses were paid from marital property, separate property, or funds borrowed by a party; and the reasonableness, under the factors set forth in Rule 1.5 of the Tennessee Rules of Professional Conduct, and necessity of the attorney fees and expenses paid by each party;
(d) The court may award the family home and household effects, or the right to live therein and use the household effects for a reasonable period, to either party, but shall give special consideration to a spouse having physical custody of a child or children of the marriage.
(e)
1. (1) The court may impose a lien upon the marital real property assigned to a party, or upon such party's separate real property, or both, as security for the payment of child support.
2. (2) The court may impose a lien upon the marital real property assigned to a party as security for the payment of spouse support or payment pursuant to property division.
(f)
1. (1) If, in making equitable distribution of marital property, the court determines that the distribution of an interest in a business, corporation or profession would be contrary to law, the court may make a distributive award of money or other property in order to achieve equity between the parties. The court, in its discretion, may also make a distributive award of money or other property to supplement, facilitate or effectuate a distribution of marital property.
2. (2) The court may provide that any distributive award payable over a period of time be secured by a lien on specific property.
(g)
1. (1) Nothing in this section shall be construed to prevent the affirmation, ratification and incorporation in a decree of an agreement between the parties regarding the division of property.
2. (2) Nothing in this section shall affect validity of an antenuptial agreement that is enforceable under § 36-3-501.
(h) If an order of protection issued in or recognized by this state has been in effect or 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, the court shall attribute any debt owed for any batterers' intervention or rehabilitation programs to the abuser only.
(i)
1. (1) In allocating responsibility for the payment of marital debt, the court shall consider the following factors:
  1. (A) The purpose of the debt;
  2. (B) Which party incurred the debt;
  3. (C) Which party benefitted from incurring the debt; and
  4. (D) Which party is best able to repay the debt.
2. (2) In allocating responsibility for payment of unpaid attorney fees and expenses incurred in connection with the proceedings, the court shall consider the factors in subdivision (i)(1) and the following factors:
  1. (A) The total amount of attorney fees and expenses incurred by each party in connection with the proceedings;
  2. (B) The total amount of attorney fees and expenses paid by each party in connection with the proceedings;
  3. (C) Whether the attorney fees and expenses incurred by each party are reasonable under the factors set forth in Rule 1.5 of the Tennessee Rules of Professional Conduct; and
  4. (D) Whether the attorney fees and expenses were necessary.
3. (3) The court may order the payment of all or a portion of the marital debt from the marital property prior to the allocation of responsibility for paying marital debt by either party, and may charge the party's share of the marital estate with all or a portion of the attorney fees and expenses paid by that party.

Backlinks (2)

History (20)

Acts 1953, ch. 90, § 1 (Williams, § 8446)
1959, ch. 192, § 1
1983, ch. 414, § 4
T.C.A. (orig. ed.), § 36-825
Acts 1984, ch. 590, § 1
1986, ch. 722, § 2
1987, ch. 122, § 1
1987, ch. 390, § 6
1988, ch. 682, § 1
1988, ch. 735, § 1
1988, ch. 841, §§ 1, 2
1991, ch. 449, § 1
2000, ch. 713, §§ 1-9
2001, ch. 274, § 1
2002, ch. 651, § 8
2011, ch. 119, § 1
2014, ch. 786, § 1
2015, ch. 202, § 1
2017, ch. 309, § 1
2022, ch. 762, §§ 1-6.

§ 36-4-122. Costs.

The court may decree costs against either party, and may award execution for the same, or, in case any estate is sequestered, or in the power of the court, or in the hands of a receiver, it may order the costs to be paid out of such property.

History (5)

Code 1858, § 2477 (deriv. Acts 1831, ch. 20, § 1
1835-1836, ch. 26, §§ 17, 20, 21)
Shan., § 4230
mod. Code 1932, § 8455
T.C.A. (orig. ed.), § 36-829.

§ 36-4-123. Appeals.

Appeals in divorce cases shall be governed by the Tennessee Rules of Appellate Procedure. Pending appeal, orders and decrees of the trial court shall have the effect prescribed by the Tennessee Rules of Civil Procedure.

History (6)

Code 1958, § 3158
Shan., § 4890
Code 1932, § 9039
Acts 1970, ch. 595, § 1
1981, ch. 449, § 2(23)
T.C.A. (orig. ed.), § 36-830.

§ 36-4-124. Right to remarry.

When a marriage is absolutely annulled, or dissolved, the parties shall severally be at liberty to marry again.

History (5)

Code 1858, § 2475 (deriv. Acts 1835-1836, ch. 26, § 7)
Shan., § 4228
mod. Code, 1932, § 8452
Acts 1970, ch. 347, § 1
T.C.A. (orig. ed.), § 36-831.

§ 36-4-125. Legitimacy of children unaffected by divorce or annulment.

The annulment or dissolution of the marriage shall not in any way affect the legitimacy of the children of the same.

History (4)

Code 1858, § 2476 (deriv. Acts 1835-1836, ch. 26, § 7)
Shan., § 4229
mod. Code 1932, § 8453
T.C.A. (orig. ed.), § 36-832.

§ 36-4-126. Suspension of proceedings to attempt reconciliation — Revocation.

(a) During the pendency of any suit for absolute divorce, limited divorce or separate maintenance, the court having jurisdiction of the matter may, upon the written stipulation of both the husband and wife that they desire to attempt a reconciliation, enter an order suspending any and all orders and proceedings for such time as the court, in its discretion, may determine advisable under the circumstances, so as to permit the parties to attempt such reconciliation without prejudice to their respective rights. During the period of such suspension, the parties may resume living together as husband and wife and their acts and conduct in so doing shall not be determined a condonation of any prior misconduct.
(b) Such suspension may be revoked upon motion of either party by order of the court.

History (2)

Acts 1965, ch. 329, § 1
T.C.A., § 36-836.

§ 36-4-127. Expunction of divorce records upon reconciliation of parties.

Parties to any divorce proceeding, who have reconciled and dismissed their cause of action, may thereafter file an agreed sworn petition signed by both parties and notarized, requesting expunction of their divorce records. Upon the filing of such petition, the judge shall issue an order directing the clerk to expunge all records pertaining to such divorce proceedings, once all court costs have been paid. The clerk shall receive a fee of fifty dollars ($50.00) for performing such clerk's duties under this section.

History (2)

Acts 1981, ch. 435, § 1
T.C.A., § 36-838.

§ 36-4-128. Remarriage after spouse's two-year absence — Effect of spouse's return.

(a) If, upon a false rumor, apparently well founded, of the death of one (1) of the parties, who has been absent two (2) whole years, the other party marries again, the party remaining single may, upon returning, insist upon a restoration of conjugal rights or upon a dissolution of the marriage, and the court shall decree accordingly, to wit: that the first marriage shall stand and the second be dissolved, or vice versa.
(b) Such bill or petition shall be filed within one (1) year after the return.

History (4)

Code 1858, § 2461 (deriv. Acts 1835-1836, ch. 26, § 8)
Shan., § 4214
Code 1932, § 8439
T.C.A. (orig. ed.), § 36-833.

§ 36-4-129. Stipulated grounds and/or defenses — Grant of divorce.

(a) In all actions for divorce from the bonds of matrimony or legal separation the parties may stipulate as to grounds and/or defenses.
(b) The court may, upon stipulation to or proof of any ground of divorce pursuant to § 36-4-101, grant a divorce to the party who was less at fault or, if either or both parties are entitled to a divorce or if a divorce is to be granted on the grounds of irreconcilable differences, declare the parties to be divorced, rather than awarding a divorce to either party alone.

History (3)

Acts 1989, ch. 543, § 1
1998, ch. 1059, § 5
2008, ch. 868, § 2.

§ 36-4-130. Mediation — Confidentiality of information and documents.

(a) When the parties to a divorce action mediate the dispute, the mediator shall not divulge information disclosed to the mediator by the parties or by others in the course of mediation. All records, reports, and other documents developed for the mediation are confidential and privileged.
(b) Communications made during a mediation may be disclosed only:
1. (1) When all parties to the mediation agree, in writing, to waive the confidentiality of the written information;
2. (2) In a subsequent action between the mediator and a party to the mediation for damages arising out of the mediation;
3. (3) When statements, memoranda, materials and other tangible evidence are otherwise subject to discovery and were not prepared specifically for use in and actually used in the mediation;
4. (4) When the parties to the mediation are engaged in litigation with a third party and the court determines that fairness to the third party requires that the fact or substance of an agreement resulting from mediation be disclosed; or
5. (5) When the disclosure reveals abuse or neglect of a child by one (1) of the parties.
(c) The mediator shall not be compelled to testify in any proceeding, unless all parties to the mediation and the mediator agree in writing.

History (2)

Acts 1993, ch. 245, § 1
2007, ch. 519, § 2.

§ 36-4-131. Mediation — Waiver or extension — Domestic abuse — Video conference.

(a) Except as provided in subsections (b), (c) and (d), in any proceeding for divorce or separate maintenance, the court shall order the parties to participate in mediation.
(b) The court may waive or extend mediation pursuant to subsection (a) for reasons including, but not limited to:
1. (1) Any factor codified in § 36-6-409(4);
2. (2) Either party is unable to afford the cost of the mediation, unless the cost is waived or subsidized by the state or if the cost of mediation would be an unreasonable burden on either or both of the parties;
3. (3) The parties have entered into a written marital dissolution agreement or an agreed order resolving all of the pending issues in the divorce, except as provided in subsection (c);
4. (4) The parties have participated in a settlement conference presided over by the court or a special master;
5. (5) The court finds a substantial likelihood that mediation will result in an impasse; or
6. (6) For other cause found sufficient by the court.
(c) If the ground for the divorce is irreconcilable differences and the parties have filed with the court a properly executed marital dissolution agreement, and if there are minor children of the marriage, a properly executed parenting plan, the court shall not require the parties to attend mediation.
(d)
1. (1) In any proceeding for divorce or separate support and maintenance, if an order of protection issued in or recognized by this state is in effect or 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. (A) Mediation is agreed to by the victim of the alleged domestic or family violence;
  2. (B) 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. (C) 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.
2. (2) Mediation conducted pursuant to subdivision (b)(1) shall be concluded and a report provided to the court no later than one hundred eighty (180) days from the date the complaint for divorce was filed.
(e) The court may order mediation between the parties to take place by video conference when appropriate.

History (4)

Acts 1997, ch. 350, § 1
2007, ch. 519, § 3
2008, ch. 994, § 1
2022, ch. 697, § 1.

§ 36-4-132. Appointment of guardian ad litem.

(a) In an action for dissolution of marriage involving minor children, upon its own motion or upon the motion of either party, the court may appoint a guardian ad litem for any minor child of the marriage.
(b) The reasonable fees or costs of the guardian ad litem shall be borne by the parties and may be assessed by the court as it deems equitable. Such fees or costs may be waived upon motion for an indigent person.
(c) Any guardian ad litem appointed by the court pursuant to this section shall be presumed to be acting in good faith and in so doing shall be immune from any liability that might otherwise be incurred while acting within the scope of such appointment. Such immunity shall apply in all proceedings in which such guardian ad litem may act.

History (2)

Acts 1998, ch. 1059, § 6
2000, ch. 736, § 1.

§ 36-4-133. Compliance with notice of insurance termination provisions required.

On and after January 1, 2007, before entering an order or decree for a divorce or a legal separation under this title, the court shall determine that the appropriate spouse has complied with § 56-7-2366, if applicable. If the court determines that the notification process has not been followed, then the court shall consider requiring the insured or covered individual to provide a health care insurance policy for the former spouse.

History (1)

Acts 2006, ch. 764, § 2.

§ 36-4-134. Notice that the decree does not necessarily affect the ability of a creditor to proceed against a party or a party's property.

(a) Every final decree of divorce granted on any fault ground of divorce and every marital dissolution agreement shall contain a notice that the decree does not necessarily affect the ability of a creditor to proceed against a party or a party's property, even though the party is not responsible under the terms of the decree for an account, any debt associated with an account or any debt. The notice shall also state that it may be in a party's best interest to cancel, close or freeze any jointly held accounts.
(b) Failure to include the notice required by subsection (a) shall not affect the validity of the decree of divorce, legal separation or annulment.

History (1)

Acts 2009, ch. 157, § 1.

§ 36-4-135. 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, the reasonable attorney's fees, discretionary costs and other costs incurred by the wrongly accused party in defending against the false allegation.

History (1)

Acts 2010, ch. 894, § 1.

Chapter 5 Alimony and Child Support

Part 1 General Provisions

§ 36-5-101. Child support order — Jurisdiction — Amount of support — Enforcement — Modification — Insurance — Scientific parentage tests.

(a)
1. (1) Upon dissolution of a marriage, whether dissolved absolutely or by a perpetual or temporary decree of separation, the court may make an order and decree for the suitable support and maintenance of the children by either spouse or out of such spouse's property, according to the nature of the case and the circumstances of the parties, the order or decree to remain in the court's control.
2. (2) Courts having jurisdiction of the subject matter and of the parties are hereby expressly authorized to provide for the future support of the children, in proper cases, by fixing some definite amount or amounts to be paid in monthly, semimonthly, or weekly installments, or otherwise, as circumstances may warrant, and such awards, if not paid, may be enforced by any appropriate process of the court having jurisdiction, including levy of execution.
3. (3) In interstate cases, jurisdiction to modify, alter or enforce orders or decrees for the support of children shall be determined in accordance with parts 20-29 of this chapter. In intrastate cases, jurisdiction to modify, alter or enforce orders or decrees for the support of children shall be determined in accordance with parts 30 and 31 of this chapter.
4. (4) As used in this chapter, “order,” where the context requires, includes an order concerning child or medical support issued pursuant to an administrative proceeding in any other state.
5. (5) In establishing or enforcing any duty of support under this chapter, the court shall give full faith and credit to all paternity determinations of any other state or territory, made pursuant to a voluntary acknowledgment or pursuant to any administrative or judicial process.
  Backlinks (1)
  
  4-51-202(3)
6. (6) A voluntary acknowledgment of paternity that is completed under § 68-3-203(g), § 68-3-302, or § 68-3-305(b), or under similar provisions of another state or government, when certified by the state registrar or other governmental or institutional entity maintaining the record of the acknowledgment, shall be a basis for establishing a support order without requiring any further proceedings to establish paternity.
7. (7) The state of Tennessee, its officers, employees, agents or contractors, any counties, county officials, the clerks of any court, or any Title IV-D child support enforcement agency shall not be liable, in any case, to compensate any person for repayment of child support paid or for any other costs, as a result of the rescission pursuant to § 24-7-113 of any voluntary acknowledgment, or the rescission of any orders of legitimation, paternity, or support.
8. (8) When a court having jurisdiction determines child support pursuant to the Tennessee child support guidelines, based on either the actual income or the court's findings of an obligor's ability to earn income, the final child support order shall create an inference in any subsequent proceeding that the obligor has the ability to pay the ordered amount until such time as the obligor files an application with the court to modify the ordered amount.
  Backlinks (1)
  
  36-5-104(d)
9. (9) Where the lump sum amount of retirement or pension benefits or of balances in an individual retirement account, §§ 401(k), 403(b), 457 (26 U.S.C. §§ 401(k), 403(b) and 457), respectively, or any other tax qualified account has been considered by the trial court, and determined to be marital property to be divided, the distributions of such lump sum amounts necessary to complete the division of property, whether distributed in a single payment or by periodic payments, shall not be considered income for the purpose of determining a spouse or ex-spouse's right to receive alimony or child support, but the income generated by the investment of such lump sum awards shall be considered income for such purpose.
Backlinks (1)
- 36-5-115(c)(1)(B)
(b)
1. (1) Notwithstanding any other law to the contrary, neither the department of human services, nor any Title IV-D child support contractor of the department, nor any recipient of public assistance in this or any other state or territory, nor any applicant for either public assistance in this or any other state or territory or for Title IV-D child support services from the department or any other Title IV-D agency in this or any other state or territory, shall be required to demonstrate to a court or administrative tribunal that the caretaker of the child for whom child support is sought is vested with any more than physical custody of the subject child or children, in order to have standing to petition for child support from the legal parent of the child or children for whom support is sought, or to seek enforcement or modification of any existing orders involving such child or children.
2. (2) Legal custody of a child to whom a child support obligation is owed shall not be a prerequisite to the initiation of any support action or to the enforcement or modification of any support obligation in such cases, whether or not the obligation has been assigned to this state or any other state or territory by operation of law.
(c)
1. (1) The court shall set a specific amount that is due each month, to be paid in one (1) or more payments as the court directs. In making any decree or order pursuant to this section, the court shall consider § 34-1-102(b). Unless the court finds otherwise, each order made under this section shall contain the current address of the parties.
2. (2)
  1. (A) The order or decree of the court may provide that the payments for the support of such child or children shall be paid either to the clerk of the court or directly to the spouse, or other person awarded the custody of the child or children; provided, however, that:
    1. (i) The court shall order that all child support payments based upon an income assignment issued by the clerk be paid to the clerk of the court, except as set forth in subdivision (c)(2)(A)(ii), for child support cases that are subject to the provisions for central collection and disbursement pursuant to § 36-5-116; and
    2. (ii) In all Title IV-D child support cases in which payment of child support is to be made by income assignment, or otherwise, and in all cases where payments made by income assignment based upon support orders entered on or after January 1, 1994, that are not Title IV-D support cases, but must be made to the central collection and disbursement unit as provided by § 36-5-116, and, except as may otherwise be allowed by § 36-5-501(a)(2)(B), the court shall only order that the support payments be made to the central collection and disbursement unit pursuant to § 36-5-116. No agreement by the parties in a parenting plan, either temporary or permanent, entered pursuant to chapter 6, part 4 of this title, or any other agreement of the parties or order of the court, except as may otherwise be allowed by § 36-5-501(a)(2)(B), shall alter the requirements for payment to the central collection and disbursement unit as required by § 36-5-116, and any provision of any parenting plan, agreement or court order providing for any other payment procedure contrary to the requirements of § 36-5-116, except as may otherwise be allowed by § 36-5-501(a)(2)(B), whether or not approved by the court, shall be void and of no effect. No credit shall be given by the court, the court clerk or the department of human services, for child support payments required by the support order that are made in contravention of such requirements; provided, however, that the department may make any necessary adjustments to the balances owed to account for changes in the Title IV-D or central collection and disbursement status of the support case.
  2. (B)
    1. (i)
      1. (a) When the court enters an order in which the paternity of a child is determined or support is ordered, enforced or modified for a child, each individual who is a party to any action pursuant to this part shall be immediately required to file with the court and, if the case is a Title IV-D child support case, shall immediately file with the local Title IV-D child support office, for entry into the state registry of support cases, and shall update, as appropriate, the parties' and, for subdivisions (c)(2)(B)(i)(a)(1)-(3), the child's or children's:
        
        (1) Full name and any change in name;
        
        (2) Date and place of birth. This information shall be filed with the court as a separate document containing the parties' and the child's or children's names, dates of birth and social security numbers. The document shall be placed in an eight and one-half inch by eleven inch (8½″ x 11″) envelope containing the style of the case and docket number of the case and the document and envelope shall be file stamped by the clerk, and filed under seal in the case file. The document shall also be provided by the parties to the Title IV-D child support office together with the other information required in subdivisions (c)(2)(B)(i)(a)(1)-(8). The social security numbers and other information filed with the clerk shall be available to the clerk of court for processing of documents and legal actions such as, but not limited to, divorce certificates, garnishments, and income assignments. On request, the sealed information shall be made available to the department of human services and any other agency required by law to have access to the information and to other persons or agencies as ordered by the court;
        
        (3) Residential and mailing addresses;
        
        (4) Home telephone numbers;
        
        (5) Driver license number;
        
        (6) The name, address, and telephone number of the person's employer;
        
        (7) The availability and cost of health insurance for the child; and
        
        (8) Gross annual income.
      2. (b) The requirements of subdivision (c)(2)(B)(i)(a) may be included in the court's order.
      Backlinks (1)
      
      36-5-106(c)
    2. (ii) Each individual who is a party must update changes in circumstances of the individual for the information required by subdivision (c)(2)(B)(i)(a) within ten (10) days of the date of such change. At the time of the entry of the first order pertaining to child support after July 1, 1997, clear written notice shall be given to each party of the requirements of this subsection (c), procedures for complying with this subsection (c), and a description of the effect or failure to comply. Such requirement may be noted in the order of the court.
    3. (iii) In any subsequent child support enforcement action, the delivery of written notice as required by Rule 5 of the Tennessee Rules of Civil Procedure, to the most recent residential or employer address shown in the court's records or the Title IV-D agency's records, as required in subdivision (c)(2)(B)(i)(a) shall be deemed to satisfy the due process requirements for notice and service of process with respect to that party, if there is a sufficient showing and the court is satisfied that a diligent effort has been made to ascertain the location and whereabouts of the party.
    4. (iv) Upon motion of either party, upon a showing of domestic violence or the threat of such violence, the court may enter an order to withhold from public access the address, telephone number, and location of the alleged victim or victims or threatened victims of such circumstances. The clerk of the court shall withhold such information based upon the court's specific order, but may not be held liable for release of such information.
      Backlinks (1)
      
      36-6-104(b)
    5. (v) In any subsequent proceeding to modify or enforce support, there shall be a rebuttable presumption that the information provided by the parties, as required by this part, has not changed, unless a party has complied with this section by updating the information with the court and, if the case is a Title IV-D child support case, with the local Title IV-D child support office.
(d)
1. (1) All support payments that have been paid to the clerk of the court shall be distributed by the clerk, as provided in the order of the court, within ten (10) days; provided, that the payments made to the clerk of the court in Title IV-D child support cases shall be distributed and deposited pursuant to the operating agreements under subdivisions (d)(3) and (6), after implementation of the statewide Title IV-D child support computer system in the clerk's county, and after the appropriate notice to the clerk by the department under subdivisions (d)(3) and (6).
2. (2) In every child support case being processed through the state's central collection and disbursement unit, if unable to provide the information concerning an order through a computer information transfer, the clerk shall send a copy of any new order or modification of such order, prior to or along with the first payment received pursuant to such order, to the department, or its designee, within ten (10) working days.
3. (3) Clerks participating in the operation of the statewide Title IV-D child support computer system shall be bound by the terms of the agreement and the laws, regulations, and policies and procedures of the Title IV-D child support program for the term of the agreement, unless the agreement is canceled by the department after notice to the clerk and an opportunity to correct any deficiencies caused by failure of the clerk to comply with federal or state regulations or procedures for operation of the system within thirty (30) days of such notice. While participating in the system, the clerks shall be entitled to receive the statutory fee for the collection and handling of child support obligations under the Title IV-D program. Any child support payment subject to distribution through the state's central collection and disbursement unit that has been received by a clerk shall be sent immediately by the clerk to the department or its designee, without the necessity of a court order.
4. (4) The clerks of all courts involved in the collection of any child support shall cooperate with and provide any reasonable and necessary assistance to the department or its contractors in the transfer of data concerning child support to the statewide Title IV-D child support computer system.
5. (5) Whenever the clerk has ceased handling Title IV-D child support payments under subdivision (d)(3), and only where the context requires, all provisions in this chapter relating to the duties or actions involving the clerk shall be interpreted to substitute the department or its contractor.
6. (6) In all cases in which child support payments are subject to processing through the state's central collection and disbursement unit, the clerks shall, upon notice by the department, deposit all receipts of such child support payments on a daily basis to a bank account from which the state shall electronically debit those payments for the purpose of obtaining funds to distribute the child support obligations to the obligee.
7. (7) In all Title IV-D child support cases, child support payments shall be made by the obligor to the department. No credit shall be given to an obligor for any payments made by the obligor or by another person on behalf of the obligor, directly to an obligee or the obligor's child or children, unless the obligee remits the payment to the department. In the event that a Title IV-D case is instituted subsequent to the establishment of an order of child support, the department shall notify the obligor and obligee and the appropriate clerk of this fact, and all payments of child support in Title IV-D cases shall be made by the obligor to the department, without further order of the court.
8. (8) When an order provides for the support of two (2) or more children in a case that is subject to enforcement under Title IV-D, and at least one (1) child is a public charge, based upon receipt of temporary assistance pursuant to title 71, chapter 3, part 1, TennCare-medicaid, or foster care or other custodial services from the state, the child support order shall be prorated by the department for purposes of distribution of the child support to the appropriate person or agency providing care or support for the child, without the need for modification of the child support order by the court.
(e)
1. (1)
  1. (A) In making the court's determination concerning the amount of support of any minor child or children of the parties, the court shall apply, as a rebuttable presumption, the child support guidelines, as provided in this subsection (e). If the court finds that evidence is sufficient to rebut this presumption, the court shall make a written finding that the application of the child support guidelines would be unjust or inappropriate in that particular case, in order to provide for the best interest of the child or children, or the equity between the parties. Findings that the application of the guidelines would be unjust or inappropriate shall state the amount of support that would have been ordered under the child support guidelines and a justification for the variance from the guidelines.
  2. (B) Notwithstanding this section or any other law or rule to the contrary, if the net income of the obligor exceeds ten thousand dollars ($10,000) per month, then the custodial parent must prove, by a preponderance of the evidence, that child support in excess of the amount provided for in the child support guidelines is reasonably necessary to provide for the needs of the minor child or children of the parties. In making the court's determination, the court shall consider all available income of the obligor, as required by this chapter, and shall make a written finding that child support in excess of the amount so calculated is or is not reasonably necessary to provide for the needs of the minor child or children of the parties. In determining each party's income for the purpose of applying the child support guidelines, the court shall deduct each party's capital losses from that party's capital gains in each year.
  3. (C) When making retroactive support awards, pursuant to the child support guidelines established pursuant to this subsection (e), in cases where the parents of the minor child are separated or divorced, but where the court has not entered an order of child support, the court shall consider the following factors as a basis for deviation from the presumption in the child support guidelines that child and medical support for the benefit of the child shall be awarded retroactively to the date of the parents' separation or divorce:
    1. (i) Whether the remaining spouse knew or could have known of the location of the child or children who had been removed from the marital home by the abandoning spouse; or
    2. (ii) Whether the abandoning spouse, or other caretaker of the child, intentionally, and without good cause, failed or refused to notify the remaining spouse of the location of the child following removal of the child from the marital home by the abandoning spouse; and
    3. (iii) The attempts, if any, by the abandoning spouse, or other caretaker of the child, to notify the remaining spouse of the location of the child following removal of the child from the marital home by the abandoning spouse.
  4. (D) In cases in which the presumption of the application of the guidelines is rebutted by clear and convincing evidence, the court shall deviate from the child support guidelines to reduce, in whole or in part, any retroactive support. The court must make a written finding that application of the guidelines would be unjust or inappropriate, in order to provide for the best interests of the child or children or the equity between the parties.
  5. (E) Deviations shall not be granted in circumstances where, based upon clear and convincing evidence:
    1. (i) The remaining spouse has a demonstrated history of violence or domestic violence toward the abandoning spouse, the child's caretaker or the child;
    2. (ii) The child is the product of rape or incest of the mother by the father of the child;
    3. (iii) The abandoning spouse has a reasonable apprehension of harm from the remaining spouse, or those acting on the remaining spouse's behalf, toward the abandoning spouse or the child; or
    4. (iv) The remaining spouse, or those acting on the remaining spouse's behalf, has abused or neglected the child.
  6. (F) In making any deviations from awarding child and medical support retroactively to the date of separation or divorce of the parties, the court shall make written findings of fact and conclusions of law to support the basis for the deviation, and shall include in the order the total amount of retroactive child and medical support that would have been paid retroactively to the date of separation or divorce of the parties, had a deviation not been made by the court.
  7. (G) Nothing in this subdivision (e)(1) shall limit the right of the state of Tennessee to recover from the father or the remaining spouse expenditures made by the state for the benefit of the child, or the right, or obligation, of the Title IV-D child support agency to pursue retroactive support for the custodial parent or caretaker of the child, where appropriate.
  8. (H) Any amounts of retroactive support ordered that have been assigned to the state of Tennessee, pursuant to § 71-3-124, shall be subject to the child support distribution requirements of 42 U.S.C. § 657. In such cases, the court order shall contain any language necessary to allow the state to recover the assigned support amounts.
  9. (I)
    1. (i) In any action for retroactive child support filed on or after July 1, 2017, retroactive child support shall not be awarded for a period of more than five (5) years from the date the action for support is filed unless the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a longer time period of retroactive support is in the interest of justice is on the custodial parent. Good cause includes, but is not limited to, the following:
      1. (a) The noncustodial parent deliberately avoided service or knowingly impeded or delayed the imposition of a support obligation;
      2. (b) The noncustodial parent used threats, intimidation, or force to prevent or delay the imposition of a support obligation; or
      3. (c) The custodial parent reasonably feared that the establishment of parentage would result in domestic abuse, as defined in § 36-3-601.
    2. (ii) The court may award retroactive child support for less than the five-year-period required by subdivision (e)(1)(I)(i) if the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a shorter time period of retroactive support is in the interest of justice is on the noncustodial parent.
    3. (iii) Upon a finding of good cause in accordance with this subdivision (e)(1)(I), the court may order retroactive support from the date the court determines to be equitable and just.
    4. (iv) The presumption that child support for the benefit of the child be awarded retroactively to the date of the child's birth contained in the child support guidelines shall not apply to any action in which this subdivision (e)(1)(I) is applicable.
    5. (v) Nothing in this subdivision (e)(1)(I) limits any claim for retroactive child support owed to the department of human services.
2. (2) Beginning October 13, 1989, the child support guidelines promulgated by the department, pursuant to the rulemaking provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall be the guidelines that courts shall apply as a rebuttable presumption in child support cases.
3. (3) Child support guidelines shall be reviewed by the department of human services every four (4) years. The department shall make recommendations to the supreme court of any revisions needed in order to maintain compliance with the Family Support Act of 1988, and to ensure that application of the guidelines results in determinations of appropriate child support awards. A copy of the recommendations shall also be sent to the civil justice committee of the house of representatives and the health and welfare committee of the senate.
4. (4)
  1. (A) In addition to any other subtractions, calculations of net income under the guidelines shall take into consideration the support of any other children the obligor is legally responsible to provide. The court shall consider children of the obligor who are not included in a decree of child support, but for whom the obligor is legally responsible to provide support and is supporting, for the purposes of reducing the obligor's net income, in calculating the guideline amount, or as a reason for deviation from the guidelines.
  2. (B) In calculating amounts of support for children under the guidelines, the court shall allocate an obligor's financial child support responsibility from the obligor's income among all children of the obligor for whom the obligor is legally responsible to provide support and is supporting, in a manner that gives equitable consideration as defined by the department's child support guidelines, to the children for whom support is being set in the case before the court and to any other children for whom the obligor is legally responsible and is supporting. The court shall require that payments, made out of that allocation for all children of the obligor for whom the obligor is legally responsible and is supporting, be made upon such consideration. Guidelines promulgated by the department shall be consistent with this subdivision (e)(4)(B).
Backlinks (3)
(f)
1. (1)
  1. (A) Any order for child support shall be a judgment entitled to be enforced as any other judgment of a court of this state, and shall be entitled to full faith and credit in this state and in any other state. Except as provided in subdivision (f)(6), such judgment shall not be subject to modification as to any time period or any amounts due prior to the date that an action for modification is filed and notice of the action has been mailed to the last known address of the opposing parties. If the full amount of child support is not paid by the date when the ordered support is due, the unpaid amount that is in arrears, shall become a judgment for the unpaid amounts, and shall accrue interest pursuant to subdivision (f)(1)(B). All interest that accumulates on arrearages shall be considered child support. Computation of interest shall not be the responsibility of the clerk.
  2. (B)
    1. (i) Interest on unpaid child support that is in arrears shall accrue from the date of the arrearage at the rate of twelve percent (12%) per year; provided, that interest shall no longer accrue on or after April 17, 2017, unless the court makes a written finding that interest shall continue to accrue. In making such finding, the court shall set the rate at which interest shall accrue after consideration of any factors the court deems relevant; provided, that the interest rate shall be no more than four percent (4%) per year.
    2. (ii) On or after July 1, 2018, interest on arrearages in non-Title IV-D cases shall accrue at the rate of six percent (6%) per year; provided, however, that the court, in its discretion, may reduce the rate of interest to a lower interest rate, including no interest, as deemed appropriate under the circumstances. In making its determination, the court may consider any factors the court deems relevant.
    3. (iii) On or after July 1, 2018, interest shall not accrue on arrearages in Title IV-D cases unless the court makes a written finding that interest shall continue to accrue. In making such finding, the court shall set the rate at which interest shall accrue after consideration of any factors the court deems relevant; provided, that the interest rate shall be no more than six percent (6%) per year.
  Backlinks (4)
  
  36-5-106(b)
  36-5-113(e)
  36-5-501(b)(1)(G)
  36-5-901(a)(2)
2. (2) In addition to the remedies provided in part 5 of this chapter, but not as an alternative to those provisions, if a parent is more than thirty (30) days in arrears, the clerk of the court may, upon written application of the obligee parent, a guardian or custodian of the children, or the department of human services or its contractors in Title IV-D support cases, issue a summons or, in the discretion of the court, an attachment for such parent, setting a bond of not less than two hundred fifty dollars ($250) or, in the discretion of the court, up to the amount of the arrears, for such other proceedings as may be held in the matter. In addition, the court may, at any time, require an obligor parent to give security by bond, with sufficient sureties approved by the court, or, alternatively, in the absence of the judge from the court, approved by the clerk of the court, for payment of past, present, and future support due under the order of support. If the obligor parent thereafter fails to appear or fails without good cause to comply with the order of support, such bonds may be forfeited and the proceeds from the bonds paid to the court clerk and applied to the order of support.
  Backlinks (1)
  
  36-5-103(a)(1)
3. (3) Absent a court order to the contrary, if an arrearage for child support or fees due as court costs exists at the time an order for child support would otherwise terminate, the order of support, or any then existing income withholding arrangement, and all amounts ordered for payment of current support or arrears, including any arrears due for court costs, shall continue in effect in an amount equal to the then existing support order or income withholding arrangement, until the arrearage and costs due are satisfied, and the court may enforce all orders for such arrearages by contempt.
4. (4) The order of any court or administrative tribunal directing that an obligor pay a sum certain to reduce any support arrearage shall not preclude the use, by the department of human services or its contractors in the Title IV-D child support program, of any other administrative means of collecting the remaining balance of the outstanding arrearage, including, but not limited to, income tax refund intercepts, financial institution collections, enforcement of liens, or any other method authorized by law. The use of any additional administrative means of collection by the department or its contractors in the Title IV-D child support program is expressly authorized to reduce any portion, or all, of the outstanding balance of support as shown by the department's records, and any order of the court or administrative tribunal to the contrary is without any effect whatsoever, except for such appeal as may lie from the implementation of the administrative procedure that is used to reduce the arrearage.
5. (5)
  1. (A) In enforcing any provision of child support, if an obligee, or the department or its contractor in Title IV-D cases, specifically prays for revocation of a license because an obligor is alleged to be in noncompliance with an order of support, or if the court determines on its own motion, or on motion of a party, that any individual party has failed to comply with a subpoena or a warrant in connection with the establishment or enforcement of an order of support, the court may find, specifically, in its order that the obligor is not in compliance with an order of support as defined by part 7 of this chapter, or it may find that an individual party has failed to comply with a subpoena or warrant in connection with the establishment or enforcement of an order of support, and may direct that any or all of the obligor's or individual party's licenses be subject to revocation, denial or suspension by the appropriate licensing authority, pursuant to part 7 of this chapter. The court shall direct the clerk to send a copy of that order to the department of human services to be sent by the department to each licensing authority specified in the order for processing and suspension, denial or revocation pursuant to § 36-5-706 and any other applicable provisions of part 7 of this chapter. Costs related to such order shall be taxed to the obligor or individual party.
  2. (B) If the obligor whose license has been subject to subdivision (f)(5)(A) complies with the order of support, or if the individual party complies with the subpoena or warrant, the court shall enter an order making such a finding, and the clerk shall send an order immediately to the department of human services to be transmitted to each licensing authority specified in the order, which shall then immediately issue, renew or reinstate the obligor's or individual party's license, in accordance with § 36-5-707. Costs related to such order shall be taxed to the obligor or individual party, as the case may be, and shall be paid by the obligor or the individual party prior to sending the order to the department for transmission to the licensing authority.
  3. (C) The department shall provide available information to the obligee, party or the court in actions under this subdivision (f)(5), concerning the name and address of the licensing authority or authorities of the obligor or individual party, in order to enable the enforcement of this subdivision (f)(5). The obligee or individual party, as the case may be, seeking such information shall pay a fee, as established by the department for the provision of such service. These fees may be taxed as costs to the obligor whose license has been revoked pursuant to this subdivision (f)(5), or to the individual party who has failed to comply with the warrant or subpoena.
  4. (D) If the licensing authority fails to take appropriate action pursuant to the orders of the court under this subdivision (f)(5), the party may seek a further order from the court to direct the licensing authority to take such action, and the party may seek any appropriate court sanctions against the licensing authority.
  5. (E) For purposes of this subdivision (f)(5), “individual party” means a party to the support action who is a person, but does not include a governmental agency, or the contractor or agent of such governmental agency, that is enforcing an order of support. “Party” may include, where the context requires, an individual person, or it may include a governmental agency or contractor or agent of such governmental agency.
  Backlinks (2)
  
  36-2-320
  37-1-151(c)
6. (6)
  1. (A) With the approval of the court, the obligor and obligee shall have the right to compromise and settle a child support arrearage balance owed directly to the obligee. The authority is given to forgive accrued principal and interest on delinquent child support with the approval of the obligee and shall not include any monies owed to this or any other state. In all Title IV-D cases, the department of human services or its contractors must be a party to the action. Both the obligee and obligor must consent to the compromise and settlement in writing in accordance with the procedures established by the child support agency or court.
  2. (B) Prior to giving consent, the obligee shall be provided with a written explanation of the compromise and settlement and of the obligee's rights with respect to child support arrears owed to the obligee. In no event may an offer of compromise and settlement of any child support arrears owed directly to the obligee be accepted unless the obligee consents to the offer of compromise and settlement in writing.
  3. (C) To be eligible for a compromise and settlement of the child support arrearage balance, the obligor must pay the child support obligation in full as ordered for a minimum of twelve (12) consecutive months immediately preceding the compromise and settlement between the obligor and obligee in order to compromise and settle the remaining balance. If additional child support arrears accrue after a compromise and settlement, such subsequent arrears shall be paid in full and not subject to further compromise and settlement.
  4. (D) A compromise and settlement of a lesser amount than the total principal and interest that is owed shall not be considered against public policy if the compromise and settlement is in the best interest of the child or children.
  5. (E) The program shall operate uniformly across this state and shall take into consideration the needs of the child or children subject to the child support order and the obligor's ability to pay.
(g)
1. (1) Upon application of either party, the court shall decree an increase or decrease of support when there is found to be a significant variance, as defined in the child support guidelines established by subsection (e), between the guidelines and the amount of support currently ordered, unless the variance has resulted from a previously court-ordered deviation from the guidelines and the circumstances that caused the deviation have not changed. Any support order subject to enforcement under Title IV-D may be modified in accordance with § 36-5-103(f).
2. (2) The necessity to provide for the child's health care needs shall also be a basis for modification of the amount of the order, regardless of whether a modification in the amount of child support is necessary.
3. (3) The court shall not refuse to consider a modification of a prior order and decree as it relates to future payments of child support because the party is in arrears under that order and decree, unless the arrearage is a result of intentional action by the party.
4. (4)
  1. (A) Notwithstanding subdivision § 36-5-103(f), for the purposes of this chapter, the birth or adoption of another child for whom an obligor is legally responsible to support and is supporting shall constitute a substantial and material change of circumstances for seeking a review of the existing order to determine if the addition of such child, and any credits applicable for the addition of such child under the department's child support guidelines, would result in a significant variance under such guidelines. If the significant variance is demonstrated by the review, the amount of an existing child support order may be modified by the court.
  2. (B) [Deleted by 2021 amendment.]
5. (5) When the department of human services becomes aware of a change in circumstances of either party to a Title IV-D child support case, the department may review and seek an adjustment to the support obligation to the extent required by the child support guidelines.
6. (6)
  1. (A) In Title IV-D child support cases that the department of human services is enforcing, the department shall provide a child support obligor notice ninety (90) days prior to the eighteenth birthday of a child or children for whom the obligor is paying child support, as such birthday is indicated by the department's records.
  2. (B) If the following conditions are met, then the obligor may seek termination of the order of support and may also request that the department, as required by federal law, assist in seeking termination of the order:
    1. (i) The department's records demonstrate that the child for whom an order of support in a Title IV-D child support case has been entered has reached eighteen (18) years of age and has graduated from high school, or that the class of which the child is a member when the child reached eighteen (18) years of age has graduated from high school, the obligor has otherwise provided the department with written documentation of such facts, or the obligor has provided the department with written documentation that a child for whom the obligor is required to pay support has died or has married;
    2. (ii) No other special circumstances exist, including, but not limited to, the circumstances provided for in subsection (k) regarding disabled children, that require the obligation to continue;
    3. (iii) The obligor does not owe arrearages to the obligee parent, any guardian or custodian of the child, the department of human services, any other agency of the state, or any other Title IV-D agency of any state;
    4. (iv) The costs of court have been paid; and
    5. (v) There are no other children for whom the obligor is required to pay child support.
  3. (C)
    1. (i) If the conditions of subdivisions (g)(6)(B)(i)-(v) exist in the Title IV-D case, as shown by the department's records, or such conditions exist based upon the written documentation provided by the obligor and verified by the department, then the department shall immediately temporarily suspend the order of support for the child who has reached majority. If the existing court order was the result of a deviation from the child support guidelines, the department shall immediately seek from the court termination of the support order for such child, and shall provide the obligee with notice of the filing of the petition to terminate such order.
    2. (ii) If the existing order was not the result of a deviation from the child support guidelines, the department shall give notice to the obligee, and to the other obligor, of the temporary suspension of the order, based upon verification of the status of the case pursuant to subdivision (g)(6)(B), of its intent to permanently terminate the support order by an administrative order, which the department may issue for such purpose, and of the opportunity for a hearing upon the issue of permanent termination of the order.
    3. (iii) If the obligee contests the temporary suspension of the order of support under the circumstances of subdivisions (g)(6)(B)(i)-(v) and prevails following entry of the court or administrative order, the obligor shall pay the support amounts and any other arrearages or court costs not paid as a result of the temporary suspension of the order. The administrative order shall be filed with the clerk of the court having jurisdiction of the case.
  4. (D)
    1. (i) If the conditions of subdivisions (g)(6)(B)(i)-(iv) are met in the Title IV-D case, but there are other children for whom the obligor is still obligated to support, the department shall immediately conduct a review of the support order and shall seek the support order's adjustment, if appropriate under the child support guidelines for such children. The obligor shall continue to make child support payments, in accordance with the existing order, until the court or department modifies the order pursuant to this subdivision (g)(6)(D).
    2. (ii) If the existing court order was the result of a deviation from the child support guidelines, the department shall seek modification of the support order from the court, and shall provide the obligee and the obligor with notice of the filing of the petition to modify such order.
    3. (iii) If the existing order was not the result of a deviation from the child support guidelines, and the department reviews the order and determines that the order should be modified pursuant to such guidelines, then the department shall notify the parties of the department's intent to modify the support order by an administrative order, which the department may issue for such purpose, and shall notify the parties of the opportunity for a hearing on the issue of modification of the order.
    4. (iv) The support order shall be modified as established by order of the court or the department, as required pursuant to the child support guidelines. If the modified payment amount is lower than the payment amount required prior to the modification, then the obligor shall be given credit for such amount against future payments of support for the remaining children under the order. If the modified payment amount is higher than the payment amount required prior to the modification, then the obligor shall pay the higher ordered amount from the date of entry of the order. The administrative order shall be filed with the clerk of the court having jurisdiction of the case.
  5. (E) The department's review and adjustment process, and the administrative hearing process outlined in this subdivision (g)(6), shall comply with any other due process requirements for notice to the obligor and obligee as may otherwise be required by this chapter.
Backlinks (1)
- 36-5-901(a)(2)
(h)
1. (1) The court may direct the acquisition or maintenance of health insurance covering each child of the marriage and may order either party to pay all, or each party to pay a pro rata share of, the healthcare costs not paid by insurance proceeds if reasonable and affordable health insurance is available.
2. (2) In any case in which the court enters an order of support enforced under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), the court shall enter an order providing for health care coverage to be provided for the child or children.
  Backlinks (1)
  
  36-5-1001(a)(3)
3. (3) Section 36-5-501(a)(3) shall apply with respect to enrollment of a child in the noncustodial parent's employer-based health care plan.
(i) The court may direct either or both parties to designate the children as beneficiaries under any existing policies insuring the life of either party, and maintenance of existing policies insuring the life of either party, or the purchase and maintenance of life insurance and designation of beneficiaries.
(j) Nothing in this section shall be construed to prevent the affirmation, ratification and incorporation in a decree of an agreement between the parties as to child support. In any such agreement, the parties must affirmatively acknowledge that no action by the parties shall be effective to reduce child support after the due date of each payment, and that they understand that court approval must be obtained before child support may be reduced, unless such payments are automatically reduced or terminated under the terms of the agreement.
(k)
1. (1) Except as provided in subdivision (k)(2), the court may continue child support beyond a child's minority for the benefit of a child who is handicapped or disabled, as defined by the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), until such child reaches twenty-one (21) years of age.
2. (2) Provided, that such age limitation shall not apply if such child is severely disabled and living under the care and supervision of a parent, and the court determines that it is in the child's best interest to remain under such care and supervision and that the obligor is financially able to continue to pay child support. In such cases, the court may require the obligor to continue to pay child support for such period as it deems in the best interest of the child; provided, however, that, if the severely disabled child living with a parent was disabled prior to this child attaining eighteen (18) years of age and if the child remains severely disabled at the time of entry of a final decree of divorce or legal separation, then the court may order child support regardless of the age of the child at the time of entry of the decree.
3. (3) In so doing, the court may use the child support guidelines.
(l)
1. (1) The court may, in its discretion, at any time pending the suit, upon motion and after notice and hearing, make any order that may be proper to compel a spouse to pay any sums necessary to enable the other spouse to prosecute or defend the suit and to provide for the custody and support of the minor children of the parties during the pendency of the suit, and to make other orders as it deems appropriate. In making any order under this subsection (l), the court shall consider the financial needs of each spouse and the children, and the financial ability of each spouse to meet those needs and to prosecute or defend the suit.
2. (2) In any Title IV-D case, if the court grants relief, whether in whole or in part, to the department of human services or the department's Title IV-D contractor, or to any applicant for Title IV-D child support services, the court shall not tax any court costs against the department, the Title IV-D contractor or any applicant for child support services. The court shall not award attorney fees against the department, the Title IV-D contractor or any applicant for child support services, unless there is a clearly established violation of Rule 11 of the Tennessee Rules of Civil Procedure or for other contemptuous or other sanctionable conduct. This subdivision (l)(2) is not intended to limit the discretion of the courts to tax costs to the individual parties on non-Title IV-D issues, such as custody or visitation.
(m) No provision, finding of fact or conclusion of law in a final decree of divorce or annulment or other declaration of invalidity of a marriage that provides that the husband is not the father of a child born to the wife during the marriage or within three hundred (300) days of the entry of the final decree, or that names another person as the father of such child, shall be given preclusive effect, unless scientific tests to determine parentage are first performed and the results of the test that exclude the husband from parentage of the child or children, or that establish paternity in another person, are admitted into evidence. The results of such parentage testing shall only be admitted into evidence in accordance with the procedures established in § 24-7-112.

Backlinks (3)

History (56)

Code 1858, § 2468 (deriv. Acts 1835-1836, ch. 26, §§ 10, 19)
Shan., § 4221
mod. Code 1932, § 8446
Acts 1949, ch. 53, § 1
mod. C. Supp. 1950, § 8446
Acts 1970, ch. 425, § 1
1979, ch. 187, § 1
1979, ch. 339, § 1
1980, ch. 691, § 1
1983, ch. 352, § 1
1983, ch. 414, § 1
T.C.A. (orig. ed.), § 36-820
Acts 1984, ch. 818, §§ 1-3
1985, ch. 477, §§ 5-7, 17
1986, ch. 890, § 17
1987, ch. 39, § 1
1988, ch. 671, § 1
1989, ch. 206, § 1
1989, ch. 489, § 4
1991, ch. 447, § 1
1992, ch. 824, § 1
1993, ch. 243, §§ 1, 2
1993, ch. 286, § 1
1994, ch. 926, § 1
1994, ch. 987, §§ 1-5
1994, ch. 988, §§ 8, 9
1995, ch. 504, § 2
1996, ch. 892, § 16
1997, ch. 551, §§ 7, 19, 22, 25, 41, 51-53, 66
1998, ch. 1098, §§ 13-15, 72
1999, ch. 303, § 1
2000, ch. 922, §§ 5-9
2001, ch. 447, §§ 3, 14, 20
2002, ch. 651, §§ 1-3
2003, ch. 305, § 1
2003, ch. 361, § 2
2003, ch. 373, § 1
2004, ch. 549, §§ 1, 2
2004, ch. 714, § 1
2004, ch. 906, § 1
2005, ch. 287, § 1
2007, ch. 91, § 1
2007, ch. 187, §§ 4-6
2007, ch. 502, §§ 1, 3
2008, ch. 868, § 3
2011, ch. 119, § 2
2013, ch. 236, § 22
2015, ch. 200, §§ 1, 2
2017, ch. 145, § 1
2017, ch. 419, § 2
2018, ch. 742, § 1
2018, ch. 1049, §§ 1, 2
2019, ch. 345, § 31
2021, ch. 64, § 21
2021, ch. 227, §§ 1-3
2023, ch. 40, § 1.

§ 36-5-102. Portion of spouse's estate decreed to spouse entitled to alimony or support — Maintenance of minor custodial parent.

(a) In cases where the court orders alimony or child support in accordance with §§ 36-5-101 and 36-5-121, the court may decree to the spouse who is entitled to such alimony or child support such part of the other spouse's real and personal estate as it may think proper. In doing so, the court may have reference and look to the property that either spouse received by the other at the time of the marriage, or afterwards, as well as to the separate property secured to either by marriage contract or otherwise.
(b) In addition to child support, a judge may require the noncustodial adult parent, who is not the legal spouse of the custodial parent, to pay an amount for the maintenance and support of the custodial parent if the custodial parent of the child is a minor. Such amount shall be determined by the court based on the noncustodial parent's ability to pay and shall be in addition to any court-ordered child support. Any order requiring the noncustodial parent to pay an additional amount for the maintenance and support of the custodial parent shall continue to be effective after the custodial parent reaches eighteen (18) years of age if the custodial parent is in high school. Such order shall continue until the custodial parent marries or graduates from high school or until the class of which the custodial parent is a member when the custodial parent attains eighteen (18) years of age graduates, whichever occurs first. As used in this subsection (b), “maintenance and support of the custodial parent” may also include counseling and other special medical services needed by the custodial parent.

History (8)

Code 1858, § 2469 (deriv. Acts 1841-1842, ch. 133, § 2)
Shan., § 4222
Code 1932, § 8447
Acts 1979, ch. 339, § 2
T.C.A. (orig. ed.), § 36-821
Acts 1997, ch. 134, § 1
1998, ch. 1018, § 1
2005, ch. 287, § 3.

§ 36-5-103. Enforcement of decree for alimony and support.

(a)
1. (1) In addition to the remedies in part 5 of this chapter, the court shall enforce its orders and decrees by requiring the obligor to post a bond or give sufficient personal surety under § 36-5-101(f)(2) to secure past, present, and future support, unless the court finds that the payment record of the obligor parent, the availability of other remedies and other relevant factors make the bond or surety unnecessary.
2. (2) The court may enforce its orders and decrees by sequestering the rents and profits of the real estate of the obligor against whom such order or decree was issued, if such obligor has any, and such obligor's personal estate and choses in action, and by appointing a receiver thereof, and from time to time causing the same to be applied to the use of the obligee and the children, or by such other lawful means the court deems necessary to assure compliance with its orders, including, but not limited to, the imposition of a lien against the real and personal property of the obligor.
(b) In intrastate cases, jurisdiction to modify, alter or enforce orders or decrees for the support of children shall be determined in accordance with parts 30 and 31 of this chapter.
(c) A prevailing party may recover reasonable attorney's fees, which may be fixed and allowed in the court's discretion, from the nonprevailing party in any criminal or civil contempt action or other proceeding to enforce, alter, change, or modify any decree of alimony, child support, or provision of a permanent parenting plan order, or in any suit or action concerning the adjudication of the custody or change of custody of any children, both upon the original divorce hearing and at any subsequent hearing.
(d) No state court order shall preclude the department of human services from implementing federal requirements for the interception of federal income tax refunds of an obligor for the payment of arrearages of child support.
(e)
1. (1) The commissioner of human services is expressly authorized to issue an administrative order of income assignment to the commissioner of labor and workforce development against any wages or wage benefits to which an obligor is entitled. Such administrative order shall be based upon and issued pursuant to an order from a court of competent jurisdiction or pursuant to state or local law, shall be deemed to be legal process in the nature of a garnishment pursuant to 42 U.S.C. § 659(i)(5), and shall direct the payment of child or spousal support by an obligor parent.
2. (2) Administrative orders of income assignment issued pursuant to the authority of this part may, in the discretion of the commissioner of human services, be delivered to a representative of the commissioner for the purpose of execution, and such representative shall have the power and authority to levy and execute such administrative order.
3. (3) The administrative order of income assignment authorized by this section may be directed to, and effectively served upon, the commissioner of labor and workforce development by electronically transmitted data to compel the assignment of unemployment benefits in order to satisfy the legal obligation of obligor parents to provide child support payments. The transmission of any such order by the commissioner of human services shall be certification by the commissioner of the existence of the underlying court order and that the procedural requirements for notice to the obligor parent as required by part 5 of this chapter have been satisfied. The administrative order shall show the amount to be deducted from the obligor's unemployment compensation benefits by the department of labor and workforce development so as to comply with the underlying court order, and with any applicable statutes, rules, regulations, or inter-departmental agreements and, when necessary, the order shall contain the last known address of the obligor parent.
4. (4) The state child support enforcement computer system records shall be the official records of child support orders and child support-related spousal support orders and payment records for purposes of this subsection (e).
5. (5) If it is determined that the department of labor and workforce development has erroneously or wrongfully withheld benefits from an individual and delivered such benefits to the department of human services pursuant to a commissioner's order of income assignment, the department of human services will pay the correct amount to the individual to correct the erroneous payment.
(f)
1. (1)
  1. (A) Every three (3) years, upon request of the custodial or noncustodial parent, or any other caretaker of the child, or, if there is an assignment of support pursuant to title 71, chapter 3, part 1, upon the request of the department or upon the request of the custodial or noncustodial parent, or of any other caretaker of the child, then, in any support order subject to enforcement under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), the department shall review, and, if appropriate, seek an adjustment of the order in accordance with child support guidelines established pursuant to § 36-5-101(e) without a requirement for proof or showing of any other change in circumstances. If, at the time of the review, there is a “significant variance,” as defined by the department's child support guidelines, between the current support order and the amount that would be ordered under the department's child support guidelines, the department shall seek an adjustment of the order.
  2. (B) In the case of a request for review that is made between three-year cycles, the department shall review, and, if the requesting party demonstrates to the department that there has been a substantial change in circumstances, then the department shall seek an adjustment to the support order in accordance with the guidelines established pursuant to § 36-5-101(e); provided, that if the department becomes aware at any time of a change in circumstances of either party to a Title IV-D child support case, then the department may review and seek an adjustment to the support obligation to the extent required by the child support guidelines. For purposes of this subsection (f), a “substantial change in circumstances” is a “significant variance,” as defined by the department's child support guidelines, between the amount of the current order and the amount that would be ordered under the department's child support guidelines.
  3. (C) The review and adjustment in subdivisions (f)(1)(A) and (B) may be conducted by the court, or by the department by issuance of an administrative order by the department or its contractors.
2. (2) As an alternative to the method described in subdivision (f)(1) for review and adjustment, the child support order may be reviewed, and the order may be adjusted by an administrative order issued by the department or its contractors by:
  1. (A) Applying a cost-of-living adjustment to the order in accordance with a formula developed by the department; or
  2. (B) Using automated methods, including automated comparisons with wage data to identify orders eligible for review, conduct the review, identify orders eligible for adjustment, and apply the appropriate adjustment to the orders eligible for adjustment based upon a threshold developed by the department.
3. (3) The methods for adjustment of orders of support by issuance of an administrative order pursuant to this section shall be promulgated in the department's rules.
4. (4) The department shall give written notice to the obligor and obligee that a review of the order of support has been initiated.
5. (5) The department shall give written notice to the obligor and obligee of the review findings. If the department elects to seek the adjustment of the support order by issuance of an administrative order instead of by judicial order, notice of the proposed administrative adjustment to the order of support shall be sent to the last known addresses of the obligor and obligee thirty (30) calendar days prior to the issuance of the administrative order adjusting the order of support pursuant to the same procedures for service of administrative orders described in § 36-5-807.
6. (6)
  1. (A) The obligor and obligee shall have the right to contest the proposed administrative adjustment to the order of support within thirty (30) days of the mailing date of the notice of the proposed administrative adjustment to the order of support by filing a motion for a hearing on the proposed adjustment with the court having jurisdiction to modify the order of support and by providing notice of the hearing to the department by copy of such motion.
  2. (B) The review by the court shall be completed within timeframes established by federal law.
  3. (C) If the obligor or obligee contests the proposed administrative adjustment pursuant to the procedure in this subsection (f), no further administrative appeal to the department shall be available, and further appeal of the modified support order entered by the court shall be made pursuant to the Tennessee Rules of Appellate Procedure.
7. (7) If the obligor or obligee does not contest the proposed administrative adjustment to the order of support within thirty (30) calendar days of the mailing date of the notice of the proposed adjustment pursuant to subdivision (f)(6), the department shall issue the administrative order adjusting the order of support.
8. (8) A copy of an administrative order of adjustment of the child support order shall be sent to the clerk of the court that has jurisdiction of the child support order that has been administratively adjusted and it shall be filed in the court record. A copy of the order shall be sent to the obligor and the obligee by the department by general mail at the last known addresses shown in the department's records.
9. (9) If an order of support is adjusted by administrative order of the department pursuant to subdivision (f)(7), the obligor and obligee shall have the right to administratively appeal the adjustment by requesting the appeal to the department as provided in part 10 of this chapter. The obligor or obligee may request a stay of the administrative order pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The appeal from any decision resulting from the administrative appeal shall be to the court having jurisdiction of the support order and shall be subject to the scope of review as provided pursuant to § 36-5-1003.
10. (10) Notice of the right to request a review, and, if appropriate, adjust the child support order shall be sent to the obligor and the obligee by the department at least every three (3) years for a child subject to an order being enforced pursuant to Title IV-D of the Social Security Act. The notice may be included in the order.
11. (11) The requirement for review and adjustment may be delayed if the best interests of the child require. Such interests would include the threat of physical or emotional harm to the child if the review and adjustment were to occur or the threat of severe physical or emotional harm to the child's custodial parent or caretaker.
Backlinks (3)
(g) Judgments for child support payments for each child subject to the order for child support pursuant to this part shall be enforceable without limitation as to time.

Backlinks (2)

History (20)

Code 1858, § 2470 (deriv. Acts 1835-1836, ch. 26, § 10)
Shan., § 4223
Code 1932, § 8448
mod. C. Supp. 1950, § 8448
Acts 1957, ch. 21, § 1
1965, ch. 229, §§ 1, 2
1979, ch. 187, § 2
1979, ch. 339, § 3
T.C.A. (orig. ed.), § 36-822
Acts 1985, ch. 477, § 8
1987, ch. 421, §§ 1, 2
1994, ch. 987, § 6
1995, ch. 504, § 3
1997, ch. 551, §§ 8, 28, 45
1998, ch. 1098, § 16
1999, ch. 520, § 36
2001, ch. 447, § 4
2004, ch. 728, § 1
2018, ch. 905, § 1
2021, ch. 227, § 4.

§ 36-5-104. Failure to comply with child support order — Criminal sanctions — Inference of obligor's ability to pay.

(a) Any person, ordered to provide support and maintenance for a minor child or children, who fails to comply with the order or decree, may, in the discretion of the court, be punished by imprisonment in the county workhouse or county jail for a period not to exceed six (6) months.
(b) No arrest warrant shall issue for the violation of any court order of support if such violation occurred during a period of time in which the obligor was incarcerated in any penal institution and was otherwise unable to comply with the order.
(c) In addition to the sanctions provided in subsection (a), if an individual fails to comply with the order or decree of support and maintenance for a minor child or children, then the court has the discretion to:
1. (1) Require the obligor to remove litter from the state highway system, public playgrounds, public parks, or other appropriate locations for any prescribed period of time in lieu of or in addition to any of the penalties otherwise provided. An obligor sentenced to remove litter from the state highway system, public playgrounds, public parks, or other appropriate locations or to work in a recycling center must be allowed to do so at a time other than the obligor's regular hours of employment; and
2. (2) Order the department of safety to issue the obligor a restricted driver license as the court deems appropriate.
(d) In any proceeding to enforce child support, the court may apply an inference that the obligor had the ability to pay the ordered child support as set forth in § 36-5-101(a)(8).

History (6)

Acts 1961, ch. 201, § 1
1978, ch. 882, § 1
T.C.A., § 36-835
Acts 2003, ch. 189, § 1
2007, ch. 502, § 2
2023, ch. 366, § 1.

§ 36-5-105. Intestacy of plaintiff spouse — Effect on alimony.

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

History (4)

Acts 1983, ch. 414, § 6
T.C.A., § 36-840
Acts 1987, ch. 390, § 5
2005, ch. 287, § 4.

§ 36-5-106. Reports pursuant to Fair Credit Reporting Act.

(a) The department of human services or any of its Title IV-D child support contractors shall report periodically to consumer reporting agencies, as defined in the Fair Credit Reporting Act (15 U.S.C. § 1681a(f)), the name of any noncustodial parent, of which the department or its Title IV-D contractors has a record, who is either current in payments of support or who is delinquent in the payment of support and the amount of the current obligation or arrears owed by such parent. Such information shall only be furnished to an entity that furnishes evidence to the department of human services that it meets the requirements to be defined as a consumer reporting agency pursuant to the Fair Credit Reporting Act.
(b) For purposes of this section, “delinquent” means any occasion on which the full amount of ordered support ordered for or on behalf of a minor child, or for a spouse or former spouse of the obligor with whom the child is living to the extent the spousal support would be included for the purposes of 42 U.S.C. § 654(4), is not paid by the due date for arrears as defined in § 36-5-101(f)(1) unless an income assignment is in effect and the payor of income is paying pursuant to § 36-5-501(g).
(c) Reports of delinquent support and the amount of the arrears shall be made only after the noncustodial parent has been notified of the intended action at the last record address required by §§ 36-5-101(c)(2)(B)(i), 36-5-805, 36-2-311, and 37-1-151(b)(4)(C)-(F) or such other address as may be known to the department, and the noncustodial parent is afforded an opportunity for an administrative hearing before the department to contest the accuracy of such information. The noncustodial parent shall file a written request for appeal of the intended actions as provided by part 10 of this chapter.

Backlinks (1)

36-5-1001(a)(7)

History (4)

Acts 1985, ch. 477, § 18
1994, ch. 987, § 7
1997, ch. 551, § 21
2001, ch. 447, § 5.

§ 36-5-107. Disposition of incentive payments — Prohibition against agency use of payments for social and recreational purposes.

(a) In the event that, pursuant to federal requirements, the department of human services adopts a plan requiring political subdivisions to pass incentive payments through to agencies actually participating in the IV-D program of the Social Security Act (42 U.S.C. §§ 651-665), any incentive payment made to a political subdivision that the department designates to be passed through to such an agency shall be appropriated by the political subdivision to the use and benefit of the designated agency.
(b)
1. (1) Except in districts where existing non-child support obligations for rent and payroll already exceed this figure, at least seventy percent (70%) of the federal incentive payments distributed by the department and disbursed by the executive director of the district attorneys general conference as provided in § 8-7-602 shall be utilized to encourage and improve the cost-effectiveness of child support enforcement efforts.
2. (2) In those districts where existing non-child support rent and payroll obligations already exceed thirty percent (30%) of the incentive payment expenditures for that district, one hundred percent (100%) of the federal incentive funds shall be utilized to encourage and improve the cost-effectiveness of child support enforcement efforts.
3. (3) Notwithstanding the requirements in subdivisions (b)(1) and (2), such funds may be appropriated by the general assembly for other purposes consistent with applicable federal requirements, to the extent that such appropriation is specifically set forth in the general appropriations act. Further, such funds shall be disbursed only for goods and services for which state funds may properly be disbursed and within limitations imposed on state disbursements including, but not limited to, state travel regulations.
4. (4) This subsection (b) shall not be construed or implemented in any manner that jeopardizes the receipt of federal funding pursuant to the Social Security Act (42 U.S.C. §§ 651-665).
(c) An agency that participates in the IV-D program, and that receives federal incentive payments from the department as a result of such participation, shall not utilize any portion of the incentive payments for the social or recreational benefit of the agency's officers, employees, agents, or the family members of the officers, employees or agents.

Backlinks (1)

8-7-602(b)(1)

History (2)

Acts 1985, ch. 477, § 19
1990, ch. 974, §§ 2, 3, 5.

§ 36-5-108. [Reserved.]

§ 36-5-109. Construction.

Chapter 477 of the Public Acts of 1985 is declared to be remedial in nature and all provisions of that act shall be liberally construed to effectuate its purpose.

History (1)

Acts 1985, ch. 477, § 22.

§ 36-5-110. Termination of Acts 1985, ch. 477.

(a) If any provision of the federal law that mandates any provision of chapter 477 of the Public Acts of 1985 is declared to be unconstitutional by the supreme court of the United States, any such provision of such act shall cease to be effective one (1) year from the date of such supreme court decision.
(b) Enactment of chapter 477 of the Public Acts of 1985 is dependent on the availability of federal funding for its implementation, and if, at any time, such federal funding becomes unavailable, such act is thereby rendered repealed, null and void, and of no effect.

History (1)

Acts 1985, ch. 477, §§ 23, 24.

§ 36-5-111. Liability for clerk's fee.

In all cases where payments for child support are made through or administered by the court clerk, the decree or order setting the child support must state that the party responsible for paying such support shall be responsible for the clerk's fee, as stated in § 8-21-403, and the amount thereof.

History (1)

Acts 1985, ch. 379, § 1.

§ 36-5-112. Responsible teen parent pilot project.

(a) Notwithstanding title 71, chapter 3, part 1, or any other law to the contrary, the department shall establish and implement the responsible teen parent pilot project. The pilot project shall be established in at least one (1) county within each of the three (3) grand divisions. Acting in consultation with the department of education and department of labor and workforce development, the council of juvenile and family court judges, the district attorneys general conference, the department of human services shall develop policies and procedures whereby child support obligations of project participants may be adjusted or deferred; provided, that the participants engage in one (1) or more of the following activities:
1. (1) Attending school and making satisfactory progress toward high school graduation;
2. (2) Attending preparatory classes and making satisfactory progress toward receipt of a high school equivalency credential approved by the state board of education;
3. (3) Participating in approved job training programs and making satisfactory progress toward job placement; or
4. (4) Participating in approved parenting skills training courses and making satisfactory progress toward mastery of the subject matter of such courses.
(b) Participation in the responsible teen parent pilot program shall be restricted to persons who:
1. (1) Are under twenty-one (21) years of age;
2. (2) Are noncustodial parents of children who are receiving, or who have recently received, aid to families with dependent children benefits;
3. (3) Are unable to provide adequate support for such children due to unemployment or underemployment;
4. (4) Pay a minimum, specified amount of child support; and
5. (5) Visit their children at least once each week unless such visitation is restricted by court order.
(c) In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the department of human services, acting in consultation with the department of education, department of labor and workforce development, the council of juvenile and family court judges, and the district attorneys general conference, shall promulgate such rules as may be necessary to implement the responsible teen parent pilot project in an efficient and effective manner. Such rules shall include, but shall not be limited to, policies and procedures for:
1. (1) Identifying teen parents who would be eligible to participate in these programs in the pilot counties;
2. (2) Pursuing the establishment of paternity in all cases involving teen parenthood within the pilot counties;
3. (3) Pursuing the establishment and enforcement of support orders in such cases;
4. (4) Selecting project participants;
5. (5) Monitoring project participants;
6. (6) Determining adjustments or deferral of child support obligations for project participants;
7. (7) Selecting approved job training programs; and
8. (8) Determining the minimum amount of child support that must be paid by project participants throughout their enrollment in the pilot project.
(d) The department of human services shall gather and compile data to evaluate the efficiency and effectiveness of the pilot project in promoting responsible parenting and in encouraging near- and long-term fulfillment of child support obligations. On or before December 31 each year, the department of human services, acting in consultation with the department of education, department of labor and workforce development, the council of juvenile and family court judges, and the district attorneys general conference, shall report to the judiciary committee of the senate and the civil justice committee of the house of representatives concerning implementation of the pilot project and shall include any recommendations pertaining thereto.
(e) Within each of the pilot counties, the department of human services and the juvenile court or the district attorney general shall jointly undertake a public awareness campaign to periodically inform and remind teens that:
1. (1) Teen parents have a legal obligation to financially support their children, and that such obligation continues for eighteen (18) years following the birth of a child;
2. (2) The legal obligation of support exists regardless of a teen parent's gender or marital status; and
3. (3) The legal obligation of support will be enforced and the means with which the department may enforce the obligation.
(f) This section shall not be construed or applied in any manner that jeopardizes or reduces the availability of federal funding resources for state administered public assistance programs.

History (10)

Acts 1989, ch. 568, §§ 1, 2
T.C.A. (orig. ed.), § 71-3-128
Acts 1996, ch. 950, § 20
1999, ch. 520, § 36
2011, ch. 410, § 3(c)
2012, ch. 861, § 1
2013, ch. 236, § 21
2019, ch. 345, § 32
2021, ch. 64, § 22
2023, ch. 114, § 5.

§ 36-5-113. Plans for payment of child support — Work requirements.

(a)
1. (1) In any case in which a child is receiving assistance under a state program funded under Title IV-A of the Social Security Act (42 U.S.C. § 601 et seq.), including, but not limited to, temporary assistance as provided under title 71, and the payment of support for such child is overdue, then the department of human services may issue an administrative order to direct an individual who owes overdue support to such a child to pay the overdue support in accordance with a plan for payment of all overdue support.
2. (2) The plan shall require the obligor to pay the overdue amount in full, or by monthly installments that are calculated to reduce the overdue amount by a reasonable payment over a reasonable period of time. The order may be enforced by either the court with jurisdiction of the support order or by the department pursuant to § 36-5-811 or § 36-5-812, or by any other remedies available for the collection or enforcement of current support.
(b) The department may also order the individual who is not incapacitated and who is subject to a plan requiring payment of the overdue support for a child receiving assistance under a state program funded under Title IV-A of the Social Security Act, including, but not limited to, temporary assistance as provided under title 71, to engage in work activities as required under § 71-3-104.
(c) A copy of the order issued pursuant to this section shall be filed with the court.
(d) An order issued by the department pursuant to this part may be appealed as provided in part 10 of this chapter.
(e) For purposes of this section, “overdue” support is defined as any occasion on which the full amount of support ordered for or on behalf of a minor child, or for a spouse or former spouse of the obligor with whom the child is living to the extent the spousal support would be included for the purposes of 42 U.S.C. § 654(4), is not paid by the due date for arrears as defined in § 36-5-101(f)(1), unless an income assignment is in effect and the payer of income is paying pursuant to § 36-5-501(g).

Backlinks (5)

History (2)

Acts 1997, ch. 551, § 48
1998, ch. 1098, § 17.

§ 36-5-114. Federally required state collection and disbursement unit for child and spousal support.

(a)
1. (1) This section is intended to outline a flexible waiver application procedure for the federally required centralized collection and disbursement of child and spousal support established pursuant to 42 U.S.C. § 654b. Wherever the terminology “collection and disbursement” is used in this section, or in other sections of law using that terminology, it is the legislative intent that the use of such term in the conjunctive shall not be construed to prevent the department of human services from seeking waivers and the state from implementing any procedures, permitted by federal law, regulations, or interpretations of such law or regulations or such waivers, that may allow for alternate methods or processes for either collection or disbursement of child and spousal support by the clerks of the courts of this state.
2. (2)
  1. (A) If the federal law, or regulations or the interpretation of such law or regulations, are repealed or modified so that centralized collection and disbursement are no longer mandated by federal law, and such repeal or modification occurs before the implementation of the centralized collection system, either directly by department itself or before the execution of a contract by the department with a contractor for the operation of such system, the provisions of state law addressing such a centralized system for the collection and disbursement of child and spousal support shall be null and void.
  2. (B) Should the federal requirement of a centralized system be repealed or modified after implementation by the department of the federally required centralized collection and disbursement system, either directly by the department or by the department through a contractor, the provisions of law relative to the federally required centralized collection and disbursement system shall remain in effect, but the commissioner of human services shall, at the request of and in conjunction with the clerks of the court, develop a plan for transition of the collection and disbursement functions to the clerks of the court, which shall include proposed legislation that may be necessary to return the collection and disbursement process to the clerks of court. The plan shall be submitted to chairs of the civil justice committee of the house of representatives and the judiciary committee of the senate prior to the beginning of the next session of the general assembly after the repeal or modification of the federal requirements, but in no event later than ninety (90) days after the repeal or modification of the federal requirements.
3. (3) Nothing herein shall impair the validity of a contract that has been executed by the state of Tennessee or the department with any person or entity for the operation of the federally required centralized collection and disbursement system before the repeal or modification of the federal centralized collection and disbursement requirement.
(b)
1. (1) If a waiver is available under federal law or regulations that would enable the clerks of the court to continue to collect or disburse child and spousal support, the commissioner shall, at the request of the state court clerks conference, consult with the clerks of the court to determine the feasibility of implementing such a waiver, and shall make application to the United States department of health and human services for such a waiver; provided, that if the department has contracted for the operation of the central collection and disbursement system at the time federal law and regulations, or the interpretation of such, have changed, then this subdivision (b)(1) shall be subject to the contract terms.
2. (2) In the event the waiver is granted that permits the clerks of court to perform services in the central collection and disbursement system, the clerks of court may enter into a contract, as permitted by state and federal law, with a third party to perform any of the functions required by federal law or required under such a waiver. If such a contract is appropriate, the president of the state court clerks conference, upon authorization of the board of directors of the state court clerks conference, shall have authority to bind the members of the conference to the terms of the contract. The contract may provide for any contractor to retain or distribute all or part of the clerks' fees authorized by § 8-21-403, if permitted by federal regulations. Under any plan, the collection and disbursement of child and spousal support shall be conducted in such a manner as will not adversely affect either compliance with federal regulations or federal funding for the Title IV-A block grant program and the Title IV-D child support program.

History (5)

Acts 1997, ch. 551, § 69
1998, ch. 1048, § 1
2013, ch. 236, § 21
2019, ch. 345, § 33
2021, ch. 64, § 23.

§ 36-5-115. State registry of support cases.

(a) For the purposes of this section, “support order” means an order in which there is a judgment, decree, or order, whether temporary, final, or subject to modification, that is issued by a court of competent jurisdiction or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the state that issued the order and which order, judgment, or decree provides for monetary support, health care, arrearages, or reimbursement, and which may include related costs and fees, interest, penalties, income withholding, attorneys fees, and other relief.
(b) All cases of support for which services are being provided pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), and all support orders that are established or modified on or after October 1, 1998, regardless of whether such orders result from cases being enforced pursuant to Title IV-D of the Social Security Act, shall be contained in an automated state registry of support cases and support orders to be operated by the department of human services under such conditions, and containing such data elements, as are required by the secretary of the United States department of health and human services pursuant to 42 U.S.C. § 654a.
(c)
1. (1)
  1. (A) The clerk of a court who had opted out of the statewide child support computer system prior to March 1, 1998, and who maintains the records of support orders described in subsection (b) in non-Title IV-D cases, shall send a facsimile copy of the order, any necessary data elements required by the secretary of the United States department of health and human services, and any additional updated information regarding such data elements on the support case at such time as it is supplied to the clerk by the parties to the case, to the department or its contractor on a daily basis on a line and facsimile machine provided for such purpose by the department of human services. The machine shall be provided if the clerk's office does not have a facsimile machine as determined by the department through an equipment assessment. Line charges shall be the responsibility of the department either through use of a toll-free line or pursuant to the cost reimbursement requirements of § 36-5-117.
  2. (B) As an alternative to provision by the clerk of the order and information as required by subdivision (c)(1)(A) by use of a facsimile machine, for those clerks who opted out of the statewide child support enforcement system pursuant to the former provisions of § 36-5-101(a), upon the request of the clerk, the department shall conduct a computer needs assessment of the clerk's office. Based upon the assessment, the department shall provide either adequate computer equipment and Tennessee Child Support Enforcement System (TCSES) software to permit the transfer of information required by the federal case registry provisions, or if the clerk has an existing computer system that is the same system as a clerk that is currently interfacing with the department of human services' TCSES system, that clerk shall be given the same opportunity to interface with the TCSES system, with the costs of any modifications required to transmit the required data elements or to otherwise meet the requirements of federal law needed for the interfacing system to be the responsibility of the department of human services.
2. (2) For clerks who operate under TCSES or under the TCSES interfacing system, including the model interfacing systems, the department will absorb the costs of modifications of the computer system necessary to receive and transmit information required by the federal law for the operation of the central case registry. For cases that are not subject to enforcement by the department pursuant to Title IV-D of the Social Security Act, these clerks shall transmit to the department or its contractor on a daily basis on TCSES, or the TCSES interfacing system, including the model interfacing system, the necessary data elements for the support case registry required by the secretary of the United States department of health and human services and any additional updated information regarding such data elements at such time as it is supplied to the clerk.
Backlinks (1)
- 36-5-116(c)
(d) The clerks' costs for services of this section shall be paid according to the reimbursement process established pursuant to § 36-5-117.

Backlinks (1)

36-5-117(a)(1)

History (1)

Acts 1998, ch. 1048, § 2.

§ 36-5-116. Establishment of central collection and disbursement unit.

(a)
1. (1) Effective October 1, 1999, the department of human services shall become the central collection and disbursement unit for the state as required by 42 U.S.C. § 654b. All orders in Title IV-D support cases, and all orders for income assignments that have directed support to be paid to the clerk of any court, and that are subject to 42 U.S.C. § 654b, shall be deemed to require that the support be sent to the central collection and disbursement unit, any order of the court notwithstanding.
2. (2) When the department or its contractor acts as the central collection and disbursement unit, then, notwithstanding any law to the contrary, the fee paid by the obligor for the collection and disbursement of child support pursuant to § 8-21-403 shall be paid to the department with respect to payments collected or disbursed by the central system. The processing of such fees shall be conducted in such a manner as will not adversely affect compliance with federal law or regulations and will not adversely affect federal funding for the Title IV-A block grant program and the Title IV-D child support program; provided, the department may by rules promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, reduce the fee provided in § 8-21-403 with respect to cases under the centralized collection and disbursement unit.
(b)
1. (1) Each clerk shall submit to the department, in the manner described in subsection (c), on a daily basis on the day the order is entered, the information required to permit the department to process all payments for child and spousal support that are required by federal law to be collected and disbursed by the federally mandated state collection and disbursement unit, and such other information necessary to update the processing of information for collection and disbursement, if contained in the court records.
2. (2) The clerks' services for providing such information shall be paid by the department according to the reimbursement process established by § 36-5-117.
(c) The clerks of court who have opted out and those clerks who operate a Tennessee child support enforcement system (TCSES) or TCSES interface computer system, including the model interface system, shall have the same options as contained in § 36-5-115(c) for transmitting data required for the processing of information relative to the collection and disbursement of child and spousal support as required by this section. The clerk must, however, choose the same method of transmission of data for both the central case registry and the central collection data transmission.
(d)
1. (1) Following implementation of the federally required central collection and disbursement unit, each clerk shall remain responsible for receipt of all support payments not subject to the requirements of the centralized collection and disbursement system.
2. (2) Payments received by the clerk for support cases that are not Title IV-D cases or that are not otherwise subject to the requirements of a central collection or disbursement system shall not be included in the cost reimbursement and shall be subject to the fees permitted by § 8-21-403 or such other fees permitted by law. Payments that are received by the clerk in cases subject to the central collection and disbursement system shall be distributed to the centralized collection and disbursement system; provided, that the clerks shall be reimbursed the costs of such services pursuant to § 36-5-117.
(e)
1. (1) By August 31, 2002, and to the extent required by federal law, the department of human services shall provide a monthly notice to the custodial parent or other caretaker of the child who receives child support payments from the central collection and disbursement unit established by this section, when a child support payment is received or distributed by the department during the reporting month.
2. (2) The recipients of monthly notices shall include:
  1. (A) Current Families First recipients;
  2. (B) Former Families First recipients, to include former Aid to Families with Dependent Children (AFDC) recipients;
  3. (C) Any other persons who are recipients of Title IV-D child support services from the department; and
  4. (D) Any other persons who receive payments from the central collection and disbursement unit.
3. (3) The notice to each custodial parent or other caretaker shall include, in an easily understood format, the following information relative to the child support payments:
  1. (A) Custodial parent's or other caretaker's name;
  2. (B) Noncustodial parent's name;
  3. (C) TCSES case number;
  4. (D) Court docket number;
  5. (E) The amount of the current child support payment or payments issued to the custodial parent or other caretaker of the child;
  6. (F) The date on which the child support payment or payments were issued to the custodial parent or other caretaker of the child;
  7. (G) The total of all child support payments issued to date during the current year;
  8. (H) Information regarding the right to administrative review and appeal;
  9. (I) Understandable, case-specific information regarding negative numbers and adjustments related to the collection, distribution and disbursement of child support that are shown on the notice of collection in the cases subject to this subsection (e);
  10. (J) The date the child support payment or payments were received;
  11. (K) The toll-free number for accessing child support customer service; and
  12. (L) Where available, the following additional information shall be provided:
    1. (i) The custodial parent's or other caretaker's member identification number;
    2. (ii) The court location of the court in which the order is established;
    3. (iii) The court-ordered child support amount for both current child support and for amounts of child support that are in arrears; and
    4. (iv) The date of the court order in effect.
4. (4) In addition, for current or former recipients of Families First, the following information shall be provided to the custodial parent or caretaker of the child:
  1. (A) Any information required by federal law or regulation;
  2. (B) The federal rules for distribution of child support as they may be related to the specific category of either current Families First or former Families First recipients;
  3. (C) The unmet need amount for current Families First recipients;
  4. (D) The category, specifically either current Families First or former Families First, and a reason for any disparity between the amount received and the amount disbursed to the custodial parent or caretaker that is related to the category;
  5. (E) The toll-free telephone number to call with questions about the unmet need amount for current Families First recipients;
  6. (F) The amount of child support received that was treated as current child support;
  7. (G) The amount of child support received that was treated as past due child support;
  8. (H) A message keyed to the appearance of a collection of child support arrears from a federal income tax refund offset involving the noncustodial parent;
  9. (I) The toll-free telephone numbers for both the IV-D child support and the IV-A Families First programs to facilitate inquiry for any questions or concerns; and
  10. (J) General explanatory information.
5. (5) By April 1, 2002, child support payments sent to the custodial parent or other caretaker of the child by the central collection and disbursement unit shall include with each payment warrant, where available, the following information regarding the payment or payments:
  1. (A) The custodial parent's or other caretaker's name and TCSES member identification number;
  2. (B) The noncustodial parent's name;
  3. (C) The payment warrant number;
  4. (D) TCSES case identification number associated with each support payment included in the payment warrant;
  5. (E) Court name and docket number from which each support payment on the payment warrant originated;
  6. (F) The date on which the payment warrant was issued; and
  7. (G) The total of all payments issued to date during the current year.
6. (6) The department may include any additional information on the notices or with the payments under this subsection (e) as it may determine necessary or helpful to the custodial parent or other caretaker of the child.
(f) If, due to the fault of the department of human services fiscal services unit, a properly identified current payment of child support that has an order properly entered into TCSES is not disbursed within two (2) weeks of receipt of the payment by the department, the custodial parent may request, and the department shall promptly pay, an additional payment as provided for in this subsection (f). Such additional payment from the department shall be in an amount not to exceed ten percent (10%) of the amount actually paid toward current support that was delayed by the action of the fiscal services unit, or fifty dollars ($50.00), whichever is less. Such ten percent (10%) payment shall be derived from the department's budget without additional appropriation. Any cost incurred by the department to implement this subsection (f) shall be paid from the statutory fees paid to the department.

Backlinks (9)

History (4)

Acts 1998, ch. 1048, § 3
2000, ch. 909, § 2
2000, ch. 922, § 41
2002, ch. 674, § 1.

§ 36-5-117. Reimbursement of clerks of court for activities involving child support, central state case registry and the central collection and disbursement system.

(a)
1. (1) Notwithstanding any law to the contrary, and in lieu of any other fees or costs set forth by law that would otherwise be applicable to cases enforced by the department of human services or its contractors pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), and for activity related to the collection and disbursement of support in cases subject to 42 U.S.C. § 654b, and for their activities required pursuant to § 36-5-115, the clerks of court shall be reimbursed by the department to the maximum extent permitted under federal law and regulations for the actual costs of providing services for which federal financial participation is available for child and spousal support cases being enforced pursuant to, or otherwise subject to, the requirements of the Title IV-D child support program.
2. (2) Nothing in this section shall alter the method for payment of court costs in Title IV-D support cases or in non-Title IV-D support cases by private parties, if otherwise permitted by federal law or regulations.
(b) The actual costs and the clerks of court reimbursement rates shall be set according to the Study of Actual Costs of Activities by Clerks of Court for Child and Spousal Support Cases and Determination of Actual Costs for Reimbursement by the department of human services-revised report of study dated November 18, 1998.
(c) The cost reimbursement process section shall be implemented upon the implementation of the centralized collection and disbursement system, but in no circumstance later than October 1, 1999. Reimbursement to the clerks of court under the cost reimbursement process shall be made on a monthly basis by electronic fund transfer. Reimbursement of such costs shall be made pursuant to a contract, if required by federal law or regulations, by the department with each clerk who performs such child or spousal support services as may be required by Title IV-D of the Social Security Act. Notwithstanding any law to the contrary, the clerk of the court shall have authority to contract with the department as may be required pursuant to this subsection (c).
(d) Notwithstanding any provision of law to the contrary, upon implementation of the reimbursement process described in this section, any provision of law that would otherwise exempt the department or its contractors from the payment of costs for cases subject to Title IV-D requirements involving child or spousal support services or as otherwise required pursuant to 42 U.S.C. § 654b, shall be superseded by the cost reimbursement provisions of this section, and all costs associated with services provided by the clerks of court to the department or its contractors will be paid according to the cost reimbursement provisions of this section; provided, that the provisions of this subsection (d) negating such exemptions shall not apply to any exemptions from costs or fees required by federal law or regulations or any uniform act.

Backlinks (4)

History (2)

Acts 1998, ch. 1048, § 4
2020, ch. 535, §§ 1-3.

§ 36-5-118. Customer service unit — Statewide toll-free telephone line.

Notwithstanding this part or any other law to the contrary, if the department of human services serves as the central collection and disbursement unit for the state, then the department must establish, advertise and maintain a customer service unit and a statewide toll-free telephone line for the express purpose of receiving and responding to citizen inquiries and complaints concerning child support collections and disbursements. Notwithstanding any law to the contrary, if a contractor of the department serves as the central collection and disbursement unit for the state, then the contractor must establish, advertise and maintain a customer service unit and a statewide toll-free telephone line for the express purpose of receiving and responding to citizen inquiries and complaints concerning child support collections and disbursements.

History (1)

Acts 1998, ch. 1048, § 5.

§ 36-5-119. Satellite offices.

Notwithstanding this part or any other law to the contrary, the department of human services shall vigorously investigate and determine the feasibility of securing the necessary waivers required to permit establishment of satellite offices for the state's central collection and disbursement unit. Such satellite offices would be established only in those counties that account for a substantial percentage of total child support collections within the state. Such satellite offices would locally collect and/or disburse child support and/or would provide a locally based customer service unit for residents of such county.

History (1)

Acts 1998, ch. 1048, § 6.

§ 36-5-120. Payments and identifying information required for support payments made to the centralized collection and disbursement unit.

(a) All payments to the centralized collection and disbursement unit by either the obligor parent or a payer on behalf of the obligor parent shall include the following information:
1. (1) The name and social security number of the obligor parent; and
2. (2) The code identifier for the court for which the payment is being made and the docket number of the case in which the support order was entered.
(b) As an alternative to compliance with subsection (a), an employer or other payer of support on behalf of an obligor parent may submit a payment document provided by the department of human services on which the employer or other payer shall include the amount of income withholding on each affected employee or other payee, and, if appropriate, shall provide the name and address of any new employer of an affected employee or payee if known to the employer or other payer.
(c) As an alternative to subsection (a), a self-employed obligor parent, or an obligor parent whose employer or other payer of income is unknown to the department, may submit a payment coupon provided by the department to the parent with the payment due.
(d) Any payment made to the centralized collection and disbursement unit that does not comply with the requirements of subsections (a)-(c) shall be subject to a penalty.
(e)
1. (1) If, after prior warning notification by the department of failure to provide the information with the payments as required by this section, any employer or other payer of income fails or refuses to comply with the requirements of this section, the violator shall be subject to a civil penalty of one hundred dollars ($100) per individual for whom the required information is not provided upon the first failure to comply, two hundred dollars ($200) per individual for the second failure to comply and five hundred dollars ($500) per individual for each occurrence thereafter. The warning notification shall specifically state the information required to be submitted and the information omitted by the employer or other payer of income, shall provide a telephone number for questions, and shall set forth the penalties for failure to comply, referencing statutory authority.
2. (2) If, after prior warning notification by the department of failure to provide the information with the payments as required by this section, any obligor fails or refuses to comply with the requirements of this section, the violator shall be subject to a civil penalty of one hundred dollars ($100) or the amount equaling twenty-five percent (25%) of the obligor's monthly support obligation, whichever is less, for the first failure to provide the required information; two hundred dollars ($200) or the amount equaling fifty percent (50%) of the obligor's monthly obligation, whichever is less, for the second failure to comply; and five hundred dollars ($500) or the obligor's monthly support obligation, whichever is less, for each occurrence thereafter. The warning notification shall specifically state the information required to be submitted and the information omitted by the obligor, shall provide a telephone number for questions, and shall set forth the penalties for failure to comply, referencing statutory authority.
3. (3) Any employer, payer of income or obligor who conspires not to provide the information required by this section or who conspires to provide false or incomplete information shall each be subject to a civil penalty of five hundred dollars ($500).
4. (4) These penalties shall be assessed by the commissioner of human services after written notice to the violator. The notice shall provide fifteen (15) days from the mailing date of such notice to file a written request to the department for appeal of the civil penalty.
5. (5) If an appeal is timely filed with the department by the employer, payer of income or obligor, the department shall set an administrative hearing on the issue of the assessment pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to contested case hearings.
6. (6) Failure to timely appeal the assessment of the civil penalty shall be final and conclusive of the correctness of the assessment.
7. (7) Any amount found owing shall be due and payable not later than fifteen (15) days after the mailing date of the determination.
8. (8)
  1. (A) Failure to pay an assessment shall result in a lien against the real or personal property of the employer, payer of income or the obligor in favor of the department. If the violator fails to pay an assessment when it becomes final, the department may collect the amount of the civil penalty by any available administrative enforcement procedures or by court action.
  2. (B) The nonprevailing party shall be liable for all court costs and litigation taxes of the proceedings and shall be liable to the department for the cost of any private, contract or government attorney representing the state and for the time of any of its Title IV-D or contractor staff utilized in litigating the assessment.
9. (9) Any appeal of the action of the commissioner pursuant to this section shall be made in conformity with § 36-5-1003.

Backlinks (2)

History (2)

Acts 2000, ch. 909, § 1
2002, ch. 674, § 2.

§ 36-5-121. Decree for support of spouse.

(a) In any action for divorce, legal separation or separate maintenance, the court may award alimony to be paid by one spouse to or for the benefit of the other, or out of either spouse's property, according to the nature of the case and the circumstances of the parties. The court may fix some definite amount or amounts to be paid in monthly, semimonthly or weekly installments, or otherwise, as the circumstances may warrant. Such award, if not paid, may be enforced by any appropriate process of the court having jurisdiction including levy of execution. Further, the order or decree shall remain in the court's jurisdiction and control, and, upon application of either party, the court may award an increase or decrease or other modification of the award based upon a showing of a substantial and material change of circumstances; provided, that the award is subject to modification by the court based on the type of alimony awarded, the terms of the court's decree or the terms of the parties' agreement.
(b) The court may, in its discretion, at any time pending the final hearing, upon motion and after notice and hearing, make any order that may be proper to compel a spouse to pay any sums necessary for the support and maintenance of the other spouse, to enable such spouse to prosecute or defend the suit of the parties and to make other orders as it deems appropriate. Further, the court may award such sum as may be necessary to enable a spouse to pay the expenses of job training and education. In making any order under this subsection (b), the court shall consider the financial needs of each spouse and the financial ability of each spouse to meet those needs and to prosecute or defend the suit.
(c)
1. (1) Spouses have traditionally strengthened the family unit through private arrangements whereby one (1) spouse focuses on nurturing the personal side of the marriage, including the care and nurturing of the children, while the other spouse focuses primarily on building the economic strength of the family unit. This arrangement often results in economic detriment to the spouse who subordinated such spouse's own personal career for the benefit of the marriage. It is the public policy of this state to encourage and support marriage, and to encourage family arrangements that provide for the rearing of healthy and productive children who will become healthy and productive citizens of our state.
2. (2) The general assembly finds that the contributions to the marriage as homemaker or parent are of equal dignity and importance as economic contributions to the marriage. Further, where one (1) spouse suffers economic detriment for the benefit of the marriage, the general assembly finds that the economically disadvantaged spouse's standard of living after the divorce should be reasonably comparable to the standard of living enjoyed during the marriage or to the post-divorce standard of living expected to be available to the other spouse, considering the relevant statutory factors and the equities between the parties.
(d)
1. (1) The court may award rehabilitative alimony, alimony in futuro, also known as periodic alimony, transitional alimony, or alimony in solido, also known as lump sum alimony or a combination of these, as provided in this subsection (d).
2. (2) It is the intent of the general assembly that a spouse, who is economically disadvantaged relative to the other spouse, be rehabilitated, whenever possible, by the granting of an order for payment of rehabilitative alimony. To be rehabilitated means to achieve, with reasonable effort, an earning capacity that will permit the economically disadvantaged spouse's standard of living after the divorce to be reasonably comparable to the standard of living enjoyed during the marriage, or to the post-divorce standard of living expected to be available to the other spouse, considering the relevant statutory factors and the equities between the parties.
3. (3) Where there is relative economic disadvantage and rehabilitation is not feasible, in consideration of all relevant factors, including those set out in subsection (i), the court may grant an order for payment of support and maintenance on a long-term basis or until death or remarriage of the recipient, except as otherwise provided in subdivision (f)(2)(B).
4. (4) An award of alimony in futuro may be made, either in addition to an award of rehabilitative alimony, where a spouse may be only partially rehabilitated, or instead of an award of rehabilitative alimony, where rehabilitation is not feasible. Transitional alimony is awarded when the court finds that rehabilitation is not necessary, but the economically disadvantaged spouse needs assistance to adjust to the economic consequences of a divorce, legal separation or other proceeding where spousal support may be awarded, such as a petition for an order of protection.
5. (5) Alimony in solido may be awarded in lieu of or in addition to any other alimony award, in order to provide support, including attorney fees, where appropriate.
(e)
1. (1) Rehabilitative alimony is a separate class of spousal support, as distinguished from alimony in solido, alimony in futuro, and transitional alimony. To be rehabilitated means to achieve, with reasonable effort, an earning capacity that will permit the economically disadvantaged spouse's standard of living after the divorce to be reasonably comparable to the standard of living enjoyed during the marriage, or to the post-divorce standard of living expected to be available to the other spouse, considering the relevant statutory factors and the equities between the parties.
2. (2) An award of rehabilitative alimony shall remain in the court's control for the duration of such award, and may be increased, decreased, terminated, extended, or otherwise modified, upon a showing of a substantial and material change in circumstances. For rehabilitative alimony to be extended beyond the term initially established by the court, or to be increased in amount, or both, the recipient of the rehabilitative alimony shall have the burden of proving that all reasonable efforts at rehabilitation have been made and have been unsuccessful.
3. (3) Rehabilitative alimony shall terminate upon the death of the recipient. Rehabilitative alimony shall also terminate upon the death of the payor, unless otherwise specifically stated.
(f)
1. (1) Alimony in futuro, also known as periodic alimony, is a payment of support and maintenance on a long term basis or until death or remarriage of the recipient. Such alimony may be awarded when the court finds that there is relative economic disadvantage and that rehabilitation is not feasible, meaning that the disadvantaged spouse is unable to achieve, with reasonable effort, an earning capacity that will permit the spouse's standard of living after the divorce to be reasonably comparable to the standard of living enjoyed during the marriage, or to the post-divorce standard of living expected to be available to the other spouse, considering the relevant statutory factors and the equities between the parties.
2. (2)
  1. (A) An award of alimony in futuro shall remain in the court's control for the duration of such award, and may be increased, decreased, terminated, extended, or otherwise modified, upon a showing of substantial and material change in circumstances.
  2. (B) In all cases where a person is receiving alimony in futuro and the alimony recipient lives with a third person, a rebuttable presumption is raised that:
    1. (i) The third person is contributing to the support of the alimony recipient and the alimony recipient does not need the amount of support previously awarded, and the court should suspend all or part of the alimony obligation of the former spouse; or
    2. (ii) The third person is receiving support from the alimony recipient and the alimony recipient does not need the amount of alimony previously awarded and the court should suspend all or part of the alimony obligation of the former spouse.
3. (3) An award for alimony in futuro shall terminate automatically and unconditionally upon the death or remarriage of the recipient. The recipient shall notify the obligor immediately upon the recipient's remarriage. Failure of the recipient to timely give notice of the remarriage shall allow the obligor to recover all amounts paid as alimony in futuro to the recipient after the recipient's marriage. Alimony in futuro shall also terminate upon the death of the payor, unless otherwise specifically stated.
(g)
1. (1) Transitional alimony means a sum of money payable by one (1) party to, or on behalf of, the other party for a determinate period of time. Transitional alimony is awarded when the court finds that rehabilitation is not necessary, but the economically disadvantaged spouse needs assistance to adjust to the economic consequences of a divorce, legal separation or other proceeding where spousal support may be awarded, such as a petition for an order of protection.
2. (2) Transitional alimony shall be nonmodifiable unless:
  1. (A) The parties otherwise agree in an agreement incorporated into the initial decree of divorce or legal separation, or order of protection;
  2. (B) The court otherwise orders in the initial decree of divorce, legal separation or order of protection; or
  3. (C) The alimony recipient lives with a third person, in which case a rebuttable presumption is raised that:
    1. (i) The third person is contributing to the support of the alimony recipient and the alimony recipient does not need the amount of support previously awarded, and the court should suspend all or part of the alimony obligation of the former spouse; or
    2. (ii) The third person is receiving support from the alimony recipient and the alimony recipient does not need the amount of alimony previously awarded and the court should suspend all or part of the alimony obligation of the former spouse.
3. (3) Transitional alimony shall terminate upon the death of the recipient. Transitional alimony shall also terminate upon the death of the payor, unless otherwise specifically stated in the decree.
4. (4) The court may provide, at the time of entry of the order to pay transitional alimony, that the transitional alimony shall terminate upon the occurrence of other conditions, including, but not limited to, the remarriage of the party receiving transitional alimony.
(h)
1. (1)
  1. (A) Alimony in solido, also known as lump sum alimony, is a form of long-term support, the total amount of which is calculable on the date the decree is entered, but which is not designated as transitional alimony. Alimony in solido may be paid in installments if the payments are ordered over a definite period of time and the sum of the alimony to be paid is ascertainable when awarded. The purpose of this form of alimony is to provide financial support to a spouse, to enable the court to equitably divide and distribute marital property, or both.
  2. (B) Alimony in solido may be awarded for attorney fees and expenses incurred in connection with the proceedings through the date of the final hearing and any proceedings brought pursuant to Rule 59 of the Tennessee Rules of Civil Procedure. When determining whether attorney fees and expenses should be awarded as alimony in solido, the court shall consider the following:
    1. (i) The factors enumerated in subsection (i);
    2. (ii) The total amount of attorney fees and expenses incurred and the total amount of attorney fees and expenses paid by each party in connection with the proceedings;
    3. (iii) Whether the attorney fees and expenses requested are reasonable under the factors set forth in Rule 1.5 of the Tennessee Rules of Professional Conduct; and
    4. (iv) Whether the attorney fees and expenses were necessary.
2. (2) A final award of alimony in solido is not modifiable, except by agreement of the parties only.
3. (3) Alimony in solido is not terminable upon the death or remarriage of the recipient or the payor.
(i) In determining whether the granting of an order for payment of support and maintenance to a party is appropriate, and in determining the nature, amount, length of term, and manner of payment, the court shall consider all relevant factors, including:
1. (1) The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit sharing or retirement plans and all other sources;
2. (2) The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party's earnings capacity to a reasonable level;
3. (3) The duration of the marriage;
4. (4) The age and mental condition of each party;
5. (5) The physical condition of each party, including, but not limited to, physical disability or incapacity due to a chronic debilitating disease;
6. (6) The extent to which it would be undesirable for a party to seek employment outside the home, because such party will be custodian of a minor child of the marriage;
7. (7) The separate assets of each party, both real and personal, tangible and intangible;
8. (8) The provisions made with regard to the marital property, as defined in § 36-4-121;
9. (9) The standard of living of the parties established during the marriage;
10. (10) The extent to which each party has made such tangible and intangible contributions to the marriage as monetary and homemaker contributions, and tangible and intangible contributions by a party to the education, training or increased earning power of the other party;
11. (11) The relative fault of the parties, in cases where the court, in its discretion, deems it appropriate to do so; and
12. (12) Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.
(j) Where the lump sum amount of retirement or pension benefits or of balances in an individual retirement account, §§ 401(k), 403(b), 457 (26 U.S.C. §§ 401(k), 403(b) and 457), respectively, or any other tax qualified account has been considered by the trial court, and determined to be marital property to be divided, the distributions of such lump sum amounts necessary to complete the division of property, whether distributed in a single payment or by periodic payments, shall not be considered income for the purpose of determining a spouse or ex-spouse's right to receive alimony or child support, but the income generated by the investment of such lump sum awards shall be considered income for such purpose.
(k) The court may direct a party to pay the premiums for insurance insuring the health care costs of the other party, in whole or in part, for such duration as the court deems appropriate.
(l) To secure the obligation of one party to pay alimony to or for the benefit of the other party, the court may direct a party to designate the other party as the beneficiary of, and to pay the premiums required to maintain, any existing policies insuring the life of a party, or to purchase and pay the premiums required to maintain such new or additional life insurance designating the other party the beneficiary of the insurance, or a combination of these, as the court deems appropriate.
(m) The order or decree of the court may provide that the payments for the support of such spouse shall be paid either to the clerk of the court or directly to the spouse, or, in Title IV-D cases, the order or decree of the court shall provide that payments shall be paid to the central collections and disbursement unit, pursuant to § 36-5-116.
(n) Nothing in this section shall be construed to prevent the affirmation, ratification and incorporation in a decree of an agreement between the parties as to support and maintenance of a party.
(o) Any order of alimony that has been reduced to judgment shall be entitled to be enforced as any other judgment of a court of this state and shall be entitled to full faith and credit in this state and in any other state.

Backlinks (2)

History (3)

Acts 2005, ch. 287, § 2
2011, ch. 119, § 3
2022, ch. 762, § 7.

§ 36-5-122. 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.

History (1)

Acts 2010, ch. 894, § 2.

Part 4 Expedited Process for Support

§ 36-5-401. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Child” means a person entitled to support from such person's parents by virtue of such person's minority or who is entitled to support as provided in § 34-1-102(b);
2. (2) “Magistrate” means a duly licensed attorney who has been actively engaged in the practice of law for a period of not less than two (2) years appointed by court authority to set and enforce child support, to review the administrative hearing decisions of the department of human services pursuant to § 36-5-1003 and to administer expedited process as set out in this part;
3. (3) “Petitioner” means a person or governmental entity seeking to be awarded or to enforce support for a child, or seeking to modify a previous child support order;
4. (4) “Respondent” means a person from whom child support is sought or a person in opposition to modification of a prior order; and
5. (5) “Support” or “order of support” means child support and support for a spouse or ex-spouse if the obligor is responsible for the support of a child residing with the spouse or ex-spouse.

History (3)

Acts 1985, ch. 477, § 13
2000, ch. 922, § 10
2009, ch. 235, § 1.

§ 36-5-402. Commencement and termination of hearings and actions — Magistrates.

(a)
1. (1) Hearings in all child support cases that are not being enforced pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), shall be heard within a reasonable period of time, not to exceed forty-five (45) days of the service of process in each county in the state.
2. (2) Hearings in all Title IV-D support cases that seek to establish or enforce support shall be heard within the time frames established by federal child support regulations. The department of human services shall send notice of the time frames as they may be amended to the administrative director of the courts, who shall send such notice to all courts of the state with child or spousal support jurisdiction. The administrative director of the courts shall send such notice to the courts within thirty (30) days of the date of notice from the department, and the time frames shall then become effective thirty (30) days after the date of the notice from the administrative director of the courts and shall apply to all actions to establish or enforce support initiated on or after July 1, 1995.
(b) The presiding judge of each judicial district shall provide for expedited support hearings in one (1) of the following manners:
1. (1)
  1. (A) The presiding judge of each judicial district, after conferring with the other judges and chancellors in the presiding judge's judicial district, shall certify to the supreme court and the administrative director of the courts the number of magistrates, if any, needed to serve each county in the district. Such certification shall include such information as may be required by the supreme court and the administrative director of the courts. The supreme court and the administrative director of the courts shall determine the number of magistrates, if any, needed for each such district, and the magistrates shall be selected and appointed by the presiding judge and shall serve at the presiding judge's pleasure. In counties having a metropolitan form of government and in counties having a population of not less than three hundred thirty-five thousand (335,000) nor more than three hundred thirty-six thousand (336,000), according to the 1990 federal census or any subsequent federal census, the magistrate or magistrates shall be selected and appointed by and serve at the pleasure of the trial court judge who hears more than fifty percent (50%) of the child support and domestic relations cases in such judicial district; provided, that this sentence does not apply to any sitting magistrate in such counties as of July 1, 1994. In determining the number of magistrates for each district, the supreme court and the administrative director of the courts shall provide for as many magistrates as are needed to provide hearings in all child support cases within the time schedule set out in subsection (a);
  2. (B) In the event a judicial district has in effect on or before October 1, 1985, a system for the appointment of magistrates or masters to hear support cases that satisfies the requirements of the federal child support enforcement amendments of 1984 (P.L. 98-378), or subsequent federal legislation, and the regulations promulgated pursuant thereto, such district shall not be required to comply with the foregoing provisions of this part so long as such preexisting system remains in effect. Any law to the contrary notwithstanding, all magistrates or masters appointed pursuant to such system in circuit or chancery court shall be appointed by the presiding judge, with the concurrence of the other judges and chancellors in the district and shall serve at the pleasure of the appointing authority;
2. (2) In lieu of requesting a magistrate, the presiding judge may, with the agreement of all judges having child support jurisdiction in a particular county or counties, enter into agreements with juvenile courts to set, enforce, and modify support orders as provided in this part. In the event such an agreement is entered into, the juvenile court shall have jurisdiction over all support cases in such county, except as may otherwise be provided in the agreement, any contrary law notwithstanding;
3. (3) If a judicial district does not recommend the need for magistrates or if the supreme court and the administrative director of the courts do not approve such recommendation, the supreme court, the administrative director of the courts and the presiding judges of such districts shall provide such information to the commissioner of human services as may be required by the secretary of health and human services for the granting of a waiver in accordance with the federal child support enforcement amendments of 1984 (P.L. 98-378), or subsequent federal legislation, and the regulations promulgated pursuant thereto. In the event the secretary does not grant a waiver for one (1) or more judicial districts, or in the event a waiver is revoked, the supreme court and the administrative director of the courts shall proceed to appoint a magistrate in accordance with subdivision (b)(1)(A) or take such other action as may be required to comply with federal law;
4. (4) The presiding judge shall prescribe which county or counties within the district that a magistrate will serve. All other terms and conditions of the appointment, including, but not limited to, compensation to be paid and reimbursement of expenses and whether the position shall be full time or part time, shall be prescribed by rule of the supreme court, which is hereby granted such rulemaking authority with regard to the accomplishment of the purposes of this part as it deems appropriate in the public interest. The compensation to be paid to the magistrates shall be not less than nor more than ninety thousand dollars ($90,000). On and after July 1, 2008, the base salaries of magistrates appointed pursuant to this section shall be annually adjusted to reflect any actual percentage pay increases provided to all state employees generally, as provided for in the general appropriations act. Adjustments to annual salary increases as provided for in this subdivision (b)(4) are not to be made on the basis of any class compensation efforts, class compression efforts, or any other method of salary adjustments.
(c) If by July 1, 1986, the presiding judge fails to comply with subsection (b), the judge will be deemed to have delegated this responsibility to the supreme court and the administrative director of the courts, and the supreme court shall immediately appoint a magistrate to serve in accordance with this section, if necessary.
(d) The administrative director of the courts shall have authority to enter into contracts with the Tennessee state IV-D office of child support enforcement to obtain funding for compensation for the magistrate, support staff and other expenses necessary to provide for the performance of duties required in this part and required in part 5 of this chapter. Such contracts shall be subject to availability of funds.
(e) The appointment of magistrates in juvenile court that may be necessary to meet the provisions of this section shall be governed by title 37, chapter 1.

History (8)

Acts 1985, ch. 477, § 13
1986, ch. 890, § 11
1993, ch. 66, §§ 45-48
1994, ch. 801, §§ 1, 2
1995, ch. 504, § 4
2006, ch. 984, § 1
2008, ch. 894, § 1
2009, ch. 235, § 1.

§ 36-5-403. Powers of magistrate.

The magistrate shall have the same authority and power as a circuit court judge to issue any and all process and in conducting hearings and other proceedings in accordance with this part; provided, that all final orders of a magistrate must be reviewed by a judge as provided in § 36-5-405.

History (2)

Acts 1985, ch. 477, § 13
2009, ch. 235, § 1.

§ 36-5-404. Powers and duties of clerk.

The office of the clerk of the court shall provide a sufficient supply of the forms provided for in § 36-5-406. These forms shall be limited to use in causes filed under this part and they shall be made available to all who request assistance in filing a petition. The office of the clerk shall also assist a person who is not represented by counsel by filling in the name of the court on the petition and testimony or shall refer the person to the proper IV-D agency within the county.

History (1)

Acts 1985, ch. 477, § 13.

§ 36-5-405. Support actions.

(a) Any person seeking to set, enforce, modify or terminate support may commence such an action by filing a petition and testimony in the form prescribed by § 36-5-406 with the office of the clerk.
(b) When a petition is filed, the clerk shall designate a hearing date on the notice prescribed in this part or, in the alternative, shall designate a hearing date on the summons to be served by the sheriff if the petitioner elects to proceed by having the sheriff serve process to initiate this proceeding. The hearing date shall be within thirty (30) days of the date the petition is filed. If process is served by certified mail, the clerk shall then send a copy of the completed petition, testimony, and notice to respondent by certified mail, return receipt requested. The clerk shall give a copy of completed notice, petition, and testimony to petitioner.
(c) If the return receipt is not received by the hearing date, and the respondent fails to appear, then the magistrate shall direct the clerk to reissue the petition with a new notice of hearing and may direct service as set out in subsection (b), or may direct service by issuance of a summons to be served by the sheriff or process server, designated by the magistrate. If a petition is for contempt, either the magistrate or the judge may issue an attachment for the arrest of the respondent with a bond.
(d) If the respondent fails to appear after service and if the return receipt does bear the signature of respondent, the magistrate may grant the relief sought in the petition by default. If a petition is for contempt, either the magistrate or the judge may issue an attachment for the arrest of the respondent with a bond.
(e) If respondent does appear, the magistrate may enter a consent order if the parties reach an agreement and the magistrate finds the agreement to be reasonable.
(f) If the respondent appears and the parties do not agree, the magistrate shall hear testimony and issue an order granting such relief as the magistrate finds appropriate.
(g) Upon the conclusion of the hearing in each case, the magistrate shall transmit to the judge all papers relating to the case, along with the magistrate's findings and recommendations in writing. A magistrate's decision on a preliminary matter, not dispositive of the ultimate issue in the case, shall be final and not reviewable by the judge.
(h) Any party may, within five (5) days thereafter, excluding nonjudicial days, file a request for a hearing by the judge of the court having jurisdiction. The judge may, on the judge's own motion, order a rehearing of any matter heard before a magistrate, and shall allow a hearing if a request for such is filed as herein prescribed. Unless the judge orders otherwise, any recommendation of the magistrate shall be in effect pending rehearing or approval by the court.
(i) If a hearing before the judge is not requested, the findings and recommendations of the magistrate become the final decree of the court when confirmed by an order of the judge.
(j) There shall be no litigation tax and the clerk shall not refuse to file a petition for a party proceeding under this part for failure to pay a filing fee. When a party is unable to pay the filing fee, such party shall be required to take and subscribe to in writing the pauper's oath set out in § 20-12-127, and such affidavit shall be attached to such party's petition.
(k) Any party may appeal a final order entered under this section to the court of appeals. Any such appeal shall be governed by the applicable provisions of the Tennessee Rules of Appellate Procedure.

Backlinks (2)

History (4)

Acts 1985, ch. 477, § 13
1986, ch. 890, §§ 5, 10, 16
2000, ch. 922, §§ 11, 12
2009, ch. 235, § 1.

§ 36-5-406. Promulgation of forms.

The department of human services, in consultation with the Tennessee judicial conference, has the authority by regulation to promulgate forms, which must be available for use pursuant to this part. Such forms must be promulgated pursuant to the rulemaking provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Backlinks (2)

History (4)

Acts 1985, ch. 477, § 13
1986, ch. 890, § 14
2019, ch. 85, § 1
2019, ch. 420, § 25.

Part 5 Assignment of Income for Support

§ 36-5-501. Income withholding.

(a)
1. (1) For any order of child support issued, modified, or enforced on or after July 1, 1994, the court shall order an immediate assignment of the obligor's income, including, but not necessarily limited to: wages, salaries, commissions, bonuses, workers' compensation, disability, payments pursuant to a pension or retirement program, profit sharing, interest, annuities, and other income due or to become due to the obligor. The order of assignment shall issue regardless of whether support payments are in arrears on the effective date of the order. The court's order, shall include an amount sufficient to satisfy an accumulated arrearage, if any, within a reasonable time. The order may also include an amount to pay any medical expenses that the obligor owing the support is obligated or ordered to pay. Withholding shall not exceed fifty percent (50%) of the employee's income after FICA, withholding taxes, and a health insurance premium that covers the child, are deducted. The order shall also include an amount necessary to cover the fee due the clerk of the court or the department, if appropriate. In the event the court does not order an immediate assignment pursuant to subdivision (a)(2), every order shall be enforceable by income assignment as provided in this chapter.
2. (2)
  1. (A) Income assignment under this subsection (a) shall not be required:
    1. (i) If, in cases involving the modification of support orders, upon proof by one party, there is a written finding of fact in the order of the court that there is good cause not to require immediate income assignment and the proof shows that the obligor has made timely payment of previously ordered support. “Good cause” shall only be established upon proof that the immediate income assignment would not be in the best interests of the child. The court shall, in its order, state specifically why such assignment will not be in the child's best interests; or
    2. (ii) If there is a written agreement by both parties that provides for alternative arrangements. Such agreement must be reviewed by the court and entered in the record.
  2. (B) If the case is being enforced under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), and is subject to an assignment of support due to receipt of public assistance, the department of human services or its contractor must be notified of the request for exemption under subdivisions (a)(2)(A)(i) and (ii) and may present evidence for purposes of subdivision (a)(2)(A)(i), or must agree in order to permit exemption from income withholding as otherwise permitted pursuant to subdivision (a)(2)(A)(ii).
    Backlinks (3)
    
    36-5-101(c)(2)(A)(ii)
    36-6-406(f)(1)
    36-6-406(f)(2)
3. (3)
  1. (A) Unless a court or administrative order stipulates that alternative health care coverage to employer-based coverage is to be provided for a child subject to a Title IV-D child support order, in any case in which a noncustodial parent is required by a court or administrative order to provide health care coverage for such a child, and the employer of the noncustodial parent is known to the department, the department shall use any federally-required medical support notices to provide notice to the employer of the requirement for employer-based health care coverage for such child through the child's parent who has been ordered to provide health care coverage for such child. The department shall send the federal medical support notice to any employer of a noncustodial parent subject to such an order within two (2) business days of the entry of such employee who is an obligor in a Title IV-D case into the directory of new hires under part 11 of this chapter.
  2. (B) Within twenty (20) business days after the date of the medical support notice, the employer of a noncustodial parent subject to an order for health care coverage for the child shall transfer the notice to the appropriate plan providing such health care coverage for which the child is eligible. The employer shall withhold from the noncustodial parent's compensation any employee contributions necessary for coverage of the child and shall send any amount withheld directly to the health care plan to provide such health care coverage for the child. If the employee contests the withholding of such employee contributions, the employer shall initiate withholding until the contest is resolved. The employee/obligor shall have the right to contest the withholding order issued pursuant to subdivision (a)(3) based upon a mistake of fact according to the provisions for appeal provided pursuant to part 10 of this chapter.
  3. (C)
    1. (i) An employer shall notify the department promptly whenever the noncustodial parent's employment is terminated.
    2. (ii) The department shall promptly notify the employer when there is no longer a current order for medical support in effect for which the department is responsible.
  4. (D) The liability of the noncustodial parent for employee contributions to the health care plan necessary to enroll the child in the plan shall be subject to all available enforcement mechanisms under this title or any other provision of law.
  5. (E) Upon receipt of the notice required by this subdivision (a)(3) that appears regular on its face and that has been appropriately completed, the notice is deemed a qualified medical child support order under 29 U.S.C. § 1169(a)(5)(C)(i). The health insurance plan administrator of a participant under a group health plan who is the noncustodial parent of the child for whom the notice was received pursuant to this subdivision (a)(3), shall, within forty (40) business days:
    1. (i) Notify the state Title IV-D agency of any state or territory that issued the notice with respect to whether coverage is available for such child under the terms of the plan, and, if so, whether such child is covered under the plan and either the effective date of the coverage or, if necessary, any steps to be taken by the custodial parent, or official of a state or political subdivision thereof substituted for the name of the child pursuant to 29 U.S.C. § 1169(a)(3)(A), to effectuate coverage. The department or its contractors, in consultation with the custodial parent, must promptly select from available plan options when the plan administrator reports that there is more than one (1) option available under the employer's plan; provided, however, if such response is not made to the plan administrator within twenty (20) business days, and if the plan has a default option for coverage, the plan administrator shall enroll the child in that default option. If there is no default option, the plan administrator may call the office of the department or contractor that sent the notice and seek direction as to the child's enrollment in the available plans;
    2. (ii) Provide the custodial parent or such substituted official a description of the coverage available and any forms or documents necessary to effectuate such coverage and permit the custodial parent or substituted official to file claims;
    3. (iii) Send the explanation of benefit statements to the custodial parent, substituted official and the employee;
    4. (iv) Send the reimbursement to the custodial parent, legal guardian or substituted official for expenses paid by the custodial parent, legal guardian or substituted official for which the child may be eligible under the plan;
    5. (v) Nothing in subdivision (a)(3)(E) shall be construed as requiring a group health plan, upon receipt of a medical support notice, to provide benefits under the plan, or eligibility for benefits, under the terms of the plan in addition to, or different from, those provided immediately before receipt of such notice, except as may otherwise be required by title 56, chapter 7, part 23.
  Backlinks (7)
  
  36-2-319(b)
  36-5-101(h)(3)
  36-5-1001(a)(12)
  36-5-1001(a)(3)
  36-5-1002(a)(6)
  37-1-151(b)(4)(B)
  37-1-151(b)(4)(G)
(b)
1. (1)
  1. (A) In all cases in which the court has ordered immediate income assignment, the clerk of the court, or the department of human services or its contractor in Title IV-D cases, shall immediately issue an income assignment to an employer once the employer of an obligor has been identified.
  2. (B) In all cases in which an immediate assignment of income has not been previously ordered, or in which an obligor who is ordered to pay child support in which an immediate income assignment was not required pursuant to subdivision (a)(2), and when the obligor becomes in arrears as defined in this subdivision (b)(1) as reflected in the records of the clerk of court, if the support is paid through the clerk's office or in the records of the department of human services, then the clerk of the court, or the department or its contractor in Title IV-D child support cases shall, without the necessity of an affidavit of the obligee, issue an order of income assignment to the employer of the obligor, if known, or at such time as the employer's name and whereabouts are made known to the clerk or the department or its contractor. No court order expressly authorizing an income assignment shall be required under this subdivision (b)(1)(B).
    Backlinks (1)
    
    36-5-1002(a)(5)(B)
  3. (C) The order of assignment issued by the department or its contractor pursuant to subdivisions (b)(1)(A) and (B) shall include an amount sufficient to satisfy an accumulated arrearage within a reasonable time without further order of the court. The order shall also include an amount to pay any medical expenses that the obligor owing the support is obligated or ordered to pay. Withholding shall not exceed fifty percent (50%) of the employee's income after FICA, withholding taxes, and a health insurance premium that covers the child, are deducted. The order shall also include an amount necessary to cover the fee due the clerk of the court, if appropriate.
    Backlinks (2)
    
    36-5-1002(a)(5)(C)
    36-5-1002(a)(5)(D)
  4. (D) In all other cases in which the child support payments were ordered to be paid directly to a parent or guardian or custodian of the child or children, and the child support payments are in arrears as defined in this subdivision (b)(1), the parent, guardian or custodian may, by affidavit filed with the clerk, or, the department or its contractor in Title IV-D child support cases, request that an order of income assignment be sent by the clerk of the court, or by the department, to the employer, if known, or at such time as the employer's name and whereabouts are made known to the clerk, the department or its contractor. No court order expressly authorizing an income assignment shall be required under this subdivision (b)(1).
  5. (E) The order of assignment issued by the clerk or the department or its contractor pursuant to subdivision (b)(1)(D) shall include an amount sufficient to satisfy an accumulated arrearage within a reasonable time. The order may also include an amount to pay any medical expenses that the obligor owing the support is obligated or ordered to pay. Withholding shall not exceed fifty percent (50%) of the employee's income after FICA, withholding taxes, and a health insurance premium that covers the child, are deducted. The order shall also include an amount necessary to cover the fee due the clerk of the court, if appropriate.
  6. (F) An income assignment pursuant to this subsection (b) shall be mandatory even if subsequent to the issuance of the order of assignment the obligor pays the amount of arrearage in part or in full as long as current support or arrearages are still owed.
  7. (G) For purposes of this part, “arrears” means any occasion on which the full amount of ordered support ordered for or on behalf of a minor child, or for a spouse or former spouse of the obligor with whom the child is living to the extent the spousal support would be included for the purposes of 42 U.S.C. § 654a(e)(4), is not paid by the due date for arrears as defined in § 36-5-101(f)(1) unless an income assignment is in effect and the payor of income is paying pursuant to subsection (g).
  8. (H) Clerks of court are authorized to issue an order of income assignment to the employer of the obligor and to institute the process to assign income when the obligor fails to pay court costs, but shall not have priority over the income assignment for child or spousal support.
  Backlinks (1)
  
  36-5-701(1)
2. (2) When an order of income assignment has been issued pursuant to subdivision (b)(1)(B) or (b)(1)(D), the clerk, or the department in Title IV-D cases, shall send a notice to the obligor within two (2) business days of the issuance of the order of income assignment being sent to the obligor's employer. If the assignment is made pursuant to subdivisions (b)(1)(B) or (b)(1)(D), the notice must be sent to the address of the obligor, if known, or to the obligor at the address of the employer of the obligor if the obligor's address is unknown.
3. (3) In addition to any other required or pertinent information, all notices of assignment sent to the obligor who resides in this state pursuant to this section shall include:
  1. (A) The amount of money owed by the obligor, including both current support and arrears;
  2. (B) The amount of income withholding, except where otherwise ordered by the court, that shall be applied for current support, the amount that shall be applied for arrearages and the amount to be applied for alimony. The amount withheld shall be an amount reasonably sufficient to satisfy an accumulated arrearage within a reasonable time;
  3. (C) Notice that the obligor has the right to a hearing before the court, or, in Title IV-D cases, an administrative review by the department of human services. The administrative hearing shall be conducted pursuant to part 10 of this chapter; and
  4. (D) Notice that the obligor must request the hearing by notifying the clerk, or the department in Title IV-D cases, within fifteen (15) days of the date of the notice, or the date of personal service, if used.
4. (4) Orders of income assignment issued by the department of human services or its contractors shall be filed with the court.
5. (5)
  1. (A) In all Title IV-D child or spousal support cases in which payment of such support is to be made by income assignment, and in all cases where payments made by income assignment based upon support orders entered on or after January 1, 1994, that are not Title IV-D support cases but must be made to the central collection and disbursement unit as provided by § 36-5-116, the court, the clerk of court, or the department or its contractors shall only order that the support payments be made by income assignment to the central collection and disbursement unit pursuant to § 36-5-116. No agreement by the parties in a parenting plan, either temporary or permanent, entered pursuant to chapter 6, part 4 of this title, or any other agreement of the parties or order of the court, except as may otherwise be allowed by subdivision (a)(2)(B), shall alter the requirements for payment by income assignment to the central collection and disbursement unit as required by § 36-5-116, and any provision of any parenting plan, agreement or court order providing for any other payment procedure contrary to the requirements of § 36-5-116, whether or not approved by the court, except as may otherwise be allowed by subdivision (a)(2)(B), shall be void and of no effect. No credit shall be given by the court, the court clerk or the department of human services for child or spousal support payments required by the support order that are made in contravention of such requirements; provided, however, the department may make any necessary adjustments to the balances owed to account for changes in the Title IV-D or central collection and disbursement status of the support case.
  2. (B) The payment of child support through the centralized collection and disbursement unit established pursuant to § 36-5-116 does not establish the case as a Title IV-D case unless the case otherwise meets the criteria of § 71-3-124 for a case, in which the department of human services will provide child support services to an assignor of support rights or to any person who has otherwise applied for such services.
6. (6)
  1. (A) If the obligor is self-employed, or if the obligor is a partner, member, owner or officer of a partnership, limited liability company, corporation or other association or business entity from which the obligor receives compensation in the form of wages, salary, commissions, bonuses or otherwise, then the court may order the obligor, or the business entity of which the obligor is a partner, member, owner or officer, if applicable, to establish a bank account for the sole purpose of complying with the order issued pursuant to subsection (a). The order issued pursuant to subsection (a) shall specify the amount of the obligor's compensation that is to be deposited into the account and the frequency by which the deposits are to be made, whether weekly, biweekly or monthly. Within ten (10) days of the issuance of the order pursuant to subsection (a), the obligor or business entity shall provide the department with written authorization for the department's central collection and disbursement unit to receive from the account, by automatic bank withdrawal, the amount ordered by the court to be deposited into the account. Failure to either deposit the required amount into the account or to authorize automatic withdrawal of the required amount by the department's central collection and disbursement unit is failure to comply with a child support order, which shall be punishable as civil contempt.
  2. (B) As used in subdivision (b)(6)(A), “self-employed” means earning one's livelihood directly from one's own business, trade or profession rather than as a specified salary or wages from an employer.
(c)
1. (1) In the event the obligor requests a hearing in cases not being enforced pursuant to Title IV-D regarding the withholding as provided in subdivisions (b)(1)(B) within fifteen (15) days of the date of the notice, or the date of personal service, if used, the clerk shall promptly docket the case with the magistrate or court as provided by part 4 of this chapter, shall give notice to all parties, and shall take any other action as is necessary to ensure that the time limits provided in subsection (d) are met.
2. (2) If the withholding was issued by the department or its contractor in Title IV-D cases and the obligor requests an administrative hearing as permitted by part 10 of this chapter, the department shall promptly schedule the case for a hearing, shall give notice to all parties, and shall take any other action as is necessary to ensure that the time limits provided in subsection (d) are met.
(d) In all cases in which the obligor requests a hearing or administrative review, the magistrate or court, or the department, shall conduct a hearing and make a determination, and the clerk or department shall notify the obligor and the employer of the decision within forty-five (45) days of the date of the order provided in subdivision (b)(1).
(e) The obligor may contest the results of the department's administrative review by requesting a judicial review as provided in part 10 of this chapter.
(f) The amount to be withheld under the income assignment withheld for support may not be in excess of fifty percent (50%) of the income due after FICA, withholding taxes, and a health insurance premium that covers the child are deducted.
(g)
1. (1) The assignment or any subsequent modification is binding upon any employer, person or corporation, including successive employers, fourteen (14) days after mailing or other transmission or personal service of the order from the clerk of the court, or from the department by administrative order of income assignment, pursuant to this section. The employer, person or corporation has a fiduciary duty to send amounts withheld for payment of a child support obligation to the clerk or the department's central collection and disbursement unit as directed in the income assignment order, or, if based upon a direct withholding from another state pursuant to the Uniform Interstate Family Support Act, compiled in parts 20-29 of this chapter, to the other state as directed by that order of assignment. The amount shall be sent by the employer, person or corporation within (7) days of the date the person obligated to pay support is paid, the date the person is to be paid or the date the amount due such person is to be credited. The order is binding until further notice.
2. (2) The employer, person, corporation or institution shall provide notice to the clerk, the department, or the entity in the other state to which the withheld income was to be sent of termination of employment or income payments to the employee. Any employer, person, corporation or institution that files for bankruptcy or ceases to operate as a business shall provide notice to the clerk or the department of the bankruptcy or cessation of business upon filing bankruptcy or at least ten (10) days prior to ceasing to operate as a business. Any notice provided pursuant to this subsection (g) shall include the names of all the affected employees subject to an income assignment, the last known address of each of those employees, and the name and address of the new employer or source of income of each of those employees, if known.
3. (3) Failure of any employer, person, corporation or institution to pay income withheld to the clerk or clerks, to the department, its contractor, or other entity, or Title IV-D child support agency in any other state that issued the order, as may be directed by the income assignment order, is a breach of a fiduciary duty to the obligor. Any action alleging breach of fiduciary duties by an employer, person, corporation or institution pursuant to this section shall be brought within one (1) year from the date of the breach or violation; provided, that in the event the alleged breach or violation is not discovered or reasonably should have been discovered within the one-year period, the period of limitation shall be one (1) year from the date the alleged breach or violation was discovered or reasonably should have been discovered. In no event shall an action be brought more than three (3) years after the date on which the breach or violation occurred, except where there is fraudulent concealment on the part of the defendant, in which case the action shall be commenced within one (1) year after the alleged breach or violation is, or should have been, discovered.
Backlinks (2)
- 36-5-106(b)
- 36-5-113(e)
(h) For any order of alimony in solido, in futuro or rehabilitative issued, modified or enforced on or after April 24, 2002, the court may order immediate assignment of the obligor's income, including, but not necessarily limited to: wages, salary, commissions, bonuses, workers' compensation, disability, payments pursuant to a pension or retirement program, profit sharing, interest, annuities and other income due or to become due to the obligor. The order of assignment shall issue regardless of whether support payments are in arrears on the effective date of the order. The court's order may include an amount sufficient to satisfy an accumulative arrearage, if any, within a reasonable time. Withholding shall not exceed fifty percent (50%) of the employee's income after FICA, withholding taxes, and a health insurance premium that covers the child, if any, are deducted. The order shall also include an amount necessary to cover the fee due the clerk of the court, if appropriate.
(i) It is unlawful for an employer to use the assignment as a basis for discharge or any disciplinary action against the employee. Compliance by an employer, other person, institution or corporation with the order shall operate as a discharge of the liability of such employer, other person, institution or corporation to the affected individual as to that portion of the income so affected. An employer shall be subject to a fine for a Class C misdemeanor if the income assignment is used as a basis to refuse to employ a person or to discharge the obligor/employee or for any disciplinary action against the obligor/employee or if the employer fails to withhold from the obligor's income or to pay such amounts to the clerk or to the department as may be directed by the withholding order.
(j)
1. (1) An assignment under this section shall take priority over any other assignment or garnishment of wages, as described in title 26, chapter 2, or salary, commissions or other income, except those deductions made mandatory by law or hereafter made mandatory.
2. (2)
  1. (A) If the employer, person, corporation, or institution receives more than one (1) order of income assignment against an individual, the employer, person, corporation, or institution must:
    1. (i) Comply by giving first priority to all orders for amounts due for current support credited in the following order: child support, medical support, and spousal support;
    2. (ii) Comply by giving second priority to all orders for amounts due for arrearages credited in the following order: child support, medical support, and spousal support; and
    3. (iii) Honor all withholdings to the extent the total amount withheld from wages does not exceed fifty percent (50%) of the employee's wages after FICA, withholding taxes, and a health insurance premium that covers the child are deducted.
  2. (B) Any employer, person or entity receiving an order for income withholding from another state or territory shall apply the income withholding law of the state of the obligor's principal place of employment in determining:
    1. (i) The employer's fee for processing an income withholding order;
    2. (ii) The maximum amount permitted to be withheld from the obligor's income;
    3. (iii) The time periods within which the employer must implement the income withholding order and forward the child support payment;
    4. (iv) The priorities for withholding and allocating income withheld for multiple child support obligees; and
    5. (v) Any withholding terms and conditions not specified in the order.
  3. (C) The “principal place of employment” for an obligor who is employed in this state and for whom an income withholding order has been received in this state from another state or territory shall be deemed to be this state, and the provisions set forth in the requirements of this section regarding income withholding shall apply to the determinations made in subdivisions (j)(2)(B)(i)-(v).
3. (3)
  1. (A) If any employer, person, or other entity receives any income assignment for current support against an individual that would cause the deduction from any two (2) or more assignments for current support to exceed fifty percent (50%) of the individual's income after FICA, withholding taxes, and a health insurance premium that covers the child are deducted, then the allocation of all current support ordered withheld by all income assignments they receive against that individual shall be determined by the employer, person, or entity as follows:
    1. (i) The employer, person, or other entity shall determine the total dollar amount of the assignments for current support it has received involving the obligor to whom it owes any wages, salaries, commissions, bonuses, workers' compensation, disability, payments pursuant to a pension or retirement program, profit sharing, interest, annuities, and other income due or to become due to the obligor;
    2. (ii) Each individual assignment shall then be calculated as a percentage of the total obtained pursuant to subdivision (j)(3)(A)(i);
    3. (iii) The employer, person, or entity shall then allocate the available income of the obligor, subject to the limits described in this subsection (j), based on the percentage computation pursuant to subdivision (j)(3)(A)(ii) and shall, as directed by the order of income assignment, pay the amounts withheld from the obligor's income, to the clerk or clerks, or to the department, its contractor, or other entity or Title IV-D child support agency in any other state that issued such order.
  2. (B) In the event all current support obligations are met from the assignments and support arrearages exist in more than one (1) case and there is not sufficient income to pay all ordered support arrearages, then the support arrearages shall be allocated on the same basis as set forth in subdivision (j)(3)(A).
  3. (C) The obligor shall be responsible for seeking any modifications to the existing orders for support.
4. (4) An employer, person, corporation or institution may make one (1) payment to the clerk of the court, the department, its contractor or other entity in another state so long as the employer separately identifies the portion of the single payment attributable to each individual obligor parent, and, if amounts are included that represent withholdings for more than one (1) pay period, so long as the amounts representing each pay period are separately identified.
(k)
1. (1) “Employer, person, corporation or institution,” as used in this section, includes the federal government, the state and any political subdivision thereof and any other business entity that has in its control funds due to be paid to a person who is obligated to pay child support.
2. (2) “Spousal support” for purposes of enforcement of child support by the department of human services under the Title IV-D child support program means a legally enforceable obligation assessed against an individual for the support of a spouse or former spouse who is living with a child or children who are receiving child support services from the department and for whom the individual also owes support. Income assignments pursuant to this part that are enforced as part of the Title IV-D services provided by the department shall apply to spousal support obligations as defined in this subdivision (k)(2).
(l) Any employer, person, corporation or institution that is ordered to pay an income assignment on behalf of an individual may charge the obligor parent an amount of up to five percent (5%) not to exceed five dollars ($5.00) per month for such service.
(m) The notices and orders required to be issued pursuant to this section shall be transmitted to any party or person by any method chosen by the court or the department, including, but not limited to: certified mail, return receipt requested, regular mail, electronic mail, facsimile transmission, or by personal service, and may be generated by computer or on paper. The notices and orders required by this section need not be entered in the minutes of the court. If a notice or order is returned or otherwise not deliverable, then service shall be had by any alternative method chosen by the court or the department, as listed in this subsection (m). Before taking action against an employer or other payor for failure to comply with this part, the court or department shall ensure that service of the notice or order was made by certified mail or by personal service. Electronically reproduced signatures shall be effective to issue any orders or notices pursuant to this section.
(n) There shall be no litigation tax imposed on proceedings pursuant to this part.
(o)
1. (1) The department of human services shall have authority to establish mandatory rules, forms and any necessary standards and procedures to implement income assignments, which shall be used by all the courts and by the department pursuant to this part. The department of human services may implement the use of such forms at any time after July 1, 1997, by emergency rule following approval by the attorney general and reporter. Permanent rules implementing the forms shall be promulgated pursuant to the rulemaking provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
2. (2) Prior to the filing of a notice of rulemaking for permanent rules pursuant to this subsection (o), the rules shall be sent by the department for review by an advisory group composed of two (2) representatives of the state court clerks’ conference appointed by the president of the state court clerks’ conference; two (2) representatives of the judges of courts that have child support responsibilities, one (1) of whom will be appointed by the chief justice of the supreme court and one (1) of whom will be appointed by the president of the council of juvenile and family court judges; a representative of the administrative office of the courts; and two (2) representatives of the department of human services designated by the commissioner. Nothing contained herein shall be construed to prevent the department from filing any notice of rulemaking prior to or at the time the proposed permanent rules are sent to the advisory group where the department determines that immediate filing of the notice without prior review by the advisory group is necessary to meet any requirements relative to the potential expiration of emergency rules or to comply with any federal statutory or regulatory requirements or any federal policy directives.
(p)
1. (1) If any employer, person, corporation or institution fails or refuses to comply with the requirements of this section, then that employer, person, corporation or institution is liable for any amounts up to the accumulated amount that should have been withheld. In addition, that employer, person, corporation or institution may be subject to a civil penalty to be assessed and distributed pursuant to the requirements of this subsection (p).
2. (2) Upon the first failure to comply with an order of income assignment, that employer, person, corporation or institution may be subject to a civil penalty of one hundred dollars ($100) per obligor for whom an order of income assignment was received, two hundred dollars ($200) per obligor for the second failure to comply and five hundred dollars ($500) per obligor for each occurrence thereafter.
3. (3) The civil penalty, when assessed and collected by the department of human services, shall be prorated among the children for whom the income assignment order was issued and with which the employer, person, corporation or institution failed to comply. If there are multiple income assignments for an obligor, the prorated amounts of the civil penalty shall be distributed to the children in the proportion that each order for which the income assignment was issued is to the total amount of all income assignments with which the employer, person, corporation or institution failed to comply.
4. (4) The civil penalty amount received by the children shall not reduce in any manner the amount of support owed by the obligor parent, but shall be received in addition to all ordered child support.
(q)
1. (1) Penalties authorized by this section shall be assessed by the commissioner of human services after written notice to the employer, person, corporation or institution. The notice shall provide fifteen (15) days from the mailing date of the notice for the employer, person, corporation or institution to file a written request to the department for appeal of the civil penalty. If an appeal is timely filed with the department, the department shall set an administrative hearing on the issue of the assessment pursuant to the Uniform Administrative Procedures Act, relative to contested case hearings. Failure to timely appeal the assessment of the civil penalty shall be final and conclusive of the correctness of the assessment.
2. (2) Any amount found owing shall be due and payable not later than fifteen (15) days after the mailing date of the determination. Failure to pay an assessment shall result in a lien against the real or personal property of the employer, person, corporation or institution in favor of the department. If an assessment is not paid when it becomes final, the department may collect the amount of the civil penalty by any available administrative enforcement procedures or by court action. The nonprevailing party shall be liable for all court costs and litigation taxes of the proceedings and shall be liable to the department for the cost of any private, contract or government attorney representing the state and for the time of any of its Title IV-D or contractor staff utilized in litigating the assessment.
3. (3) Any appeal of the action of the commissioner pursuant to this section shall be made in conformity with § 36-5-1003.

Backlinks (2)

History (18)

Acts 1985, ch. 477, § 14
1986, ch. 890, §§ 2-4, 6, 9
1987, ch. 306, §§ 15, 16
1990, ch. 789, §§ 1, 2
1994, ch. 987, §§ 8-13
1995, ch. 504, §§ 5-7
1997, ch. 551, § 17
1998, ch. 1098, §§ 18-24
2000, ch. 922, §§ 13-16
2001, ch. 447, §§ 6, 15
2002, ch. 651, §§ 4, 5
2004, ch. 735, §§ 1-3
2005, ch. 152, § 1
2007, ch. 312, §§ 1, 2
2007, ch. 442, § 1
2009, ch. 235, § 1
2009, ch. 566, § 12
2019, ch. 85, § 2.

§ 36-5-502. [Reserved.]

§ 36-5-503. Termination of income assignment.

(a) The following procedures shall apply to termination of income assignment:
1. (1) Any party or its agents or assignees may seek termination of an order under this section if there are no arrearages owed by the obligor to the obligee parent, any guardian or custodian of the child, the department of human services or any other agency of the state, or any other Title IV-D agency of any state, the costs of court have been paid, and there are no longer any children to whom the obligor parent is obligated to pay support because:
  1. (A) Of the marriage of the child or children;
  2. (B) Of the death of the child or children;
  3. (C) The child or children have reached majority and have graduated from high school, or the class of which the child is a member when the child attains eighteen (18) years of age graduates, whichever occurs later, and no other special circumstances requiring the obligation continue to exist;
2. (2) If there are children to whom the obligor is still obligated to pay support, though a change of circumstances has occurred as a result of the discontinuation of the obligation to at least one (1) child, the obligor may not seek termination of the income assignment order, but must seek modification of the support order. Upon obtaining modification of the support order, the clerk of court or the department or its contractors shall issue a modified income assignment;
3. (3) Parties seeking a change of custody, pursuant to § 36-6-101, may not seek termination under this provision but must request termination by the trial court if there is a change in custody ordered;
4. (4) The clerk of the court or the department of human services or its contractor in Title IV-D cases shall send the order and notice of termination of income assignment to the obligor parent, obligee parent, and employer, person, corporation, or institution upon the decision to terminate or not to terminate; and
5. (5)
  1. (A) In Title IV-D cases, when the department of human services or its contractor is informed or otherwise determines that the conditions of subdivision (a)(1) have been met, then the department or its contractor shall administratively terminate or modify the income assignment order to reflect the change in circumstances pursuant to the child support guidelines in accordance with this section. In all other circumstances, modification or termination of an income assignment shall be obtained by court order;
  2. (B) In cases where an income assignment order may be terminated or modified by administrative order, the department or its contractor shall notify both the obligor, or other payer, and the obligee of the proposed action with respect to the termination or modification action. The notice shall give both the obligor and the obligee fifteen (15) days in which to appeal the proposed action, pursuant to the appeal provisions of part 10 of this chapter.
(b) Each parent or other individual having custody of a child who is receiving support payments under an income assignment order shall notify the clerk, or the department of human services or its contractor in Title IV-D cases, at such time as any of the following occur:
1. (1) A child for whom support is being paid dies;
2. (2) A child for whom support is being paid marries;
3. (3) A child for whom support is being paid reaches such child's eighteenth birthday if the child is not in high school on that date; or
4. (4) A child for whom support is being paid graduates from high school, or the class of which the child is a member graduates if the child does not graduate with the class, if the child is eighteen (18) years of age prior to the date such child graduates.
(c)
1. (1) The obligor parent may also seek termination or modification of a support order when the whereabouts of the obligee parent and child or children are unknown and the clerk of the court, or the department of human services or its contractor in Title IV-D cases, has been unable to forward past payments, and all arrearages owed to the state as a result of the custodian's receipt of public assistance have been paid.
2. (2) The obligor parent may either file a motion for termination or seek modification of the child support order when support payments equal to the amount due within one (1) month have been returned to the office of the clerk, or to the department or its contractor in Title IV-D cases, and all reasonable means to locate the obligee parent and child or children have been exhausted. The clerk of the court, or the department or its contractor in Title IV-D cases, shall notify the obligor parent that such payments have been returned to the clerk, or to the department or its contractor in Title IV-D cases. The obligor parent must submit an affidavit verifying that such obligor parent has exhausted reasonable efforts to locate the obligee parent and child or children.
(d) When a motion to terminate is filed, the clerk of the court shall proceed to set a hearing and serve the parties as provided in § 36-5-405. Upon receipt of a notice from the custodial parent or individual in accordance with subsection (b), or based upon the department's own records, the clerk or the department or its contractor in Title IV-D cases shall determine whether the income assignment order includes support for any other child or children and whether there are any accumulated arrearages due that have not been satisfied. If there are no other children and no arrearages, the clerk, or the department or its contractor in Title IV-D cases, after notification to the parties, shall notify the employer, person, corporation or institution withholding support that the income assignment is terminated. If there are other children and/or accumulated arrearages, the clerk or the department or its contractor in Title IV-D cases, after notification to the parties, shall send a new notice to the employer, person, corporation or institution withholding support specifying the correct amount to be withheld as a result of the change in circumstances.
(e) If the obligor parent wishes to file a motion for termination or to seek modification of the support order, such obligor parent must complete and file an affidavit affirming that such obligor parent has contacted a reasonable number of relatives and friends of the obligee parent and all lack any knowledge regarding the whereabouts of the obligee parent and child or children, and that such obligor parent has made other reasonable efforts to locate the obligee parent and child or children including:
1. (1) Mailing a letter to the obligee parent's last known address requesting a new mailing address;
2. (2) Checking the telephone directory and directory assistance for a listing of the obligee parent;
3. (3) Contacting the obligee parent's last attorney of record and inquiring as to whether the attorney can provide a current address;
4. (4) Contacting the obligee parent's last known place of employment (if known) and inquiring as to whether a current address may be provided by the employer; and
5. (5) Contacting the department of human services and inquiring if its records contain a current address of the obligee parent.

Backlinks (1)

36-5-1002(a)(5)(E)

History (4)

Acts 1985, ch. 477, § 14
1994, ch. 987, § 14
2000, ch. 922, §§ 17-21
2004, ch. 906, §§ 2, 3.

Part 7 Enforcement Through License Denial, Revocation and Restriction

§ 36-5-701. Part definitions.

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

Backlinks (2)

History (2)

Acts 1996, ch. 892, § 2
2014, ch. 852, § 1.

§ 36-5-702. Agency to enforce orders — Notice of noncompliance.

(a)
1. (1) In Title IV-D child support enforcement cases pursuant to this part, the department shall be deemed to be the agent of the court to enforce, on behalf of the court, the court's order of support that is in arrears by using the license revocation, denial, suspension or restriction procedures provided in this part.
2. (2) If the court's records maintained by the court clerk on the statewide Title IV-D child support computer system, or the department's records of court ordered support if the court clerk elected, pursuant to the former provisions of § 36-5-101(a)(4)(C)(iii), not to participate in the statewide Title IV-D child support computer system, show that the obligor is in arrears and is not in compliance with an order of support, the department may serve upon an obligor a notice that informs the obligor of the department's intention to submit the obligor's name to the appropriate licensing authority as a licensee who is not in compliance with an order of support.
(b) The notice shall state that:
1. (1) The obligor may request an administrative hearing to contest the issue of compliance or contact the department to make an arrangement for the payment of the arrears that is satisfactory to the department, which may include eligibility for a restricted license pursuant to § 36-5-714;
2. (2) A request for a hearing must be made in writing and must be received by the department within twenty (20) days of service, or within twenty (20) days of service the obligor must contact the department or the local IV-D agency and pay the arrears or make an arrangement with the department for the payment of the arrears that is satisfactory to the department;
3. (3) If the obligor requests a hearing within twenty (20) days of service, the department shall stay the proceedings to certify the obligor to any appropriate licensing authority for noncompliance with an order of support pending a decision after a hearing. If the obligor contacts the department to make an arrangement for the payment of the arrears that is satisfactory to the department within such twenty (20) days, the department shall stay the proceedings to certify the obligor to any appropriate licensing authority for noncompliance with an order of support in accordance with the agreement entered into between the obligor and the department as provided in § 36-5-703(d);
4. (4) The proceedings will be dismissed if the obligor pays the arrears;
5. (5) If the obligor is not in compliance with an order of support and does not either request a hearing or make a satisfactory arrangement for payment with the department within twenty (20) days of service, the department may certify the obligor to any appropriate licensing authority for noncompliance with a court order of support; and
6. (6) If the department certifies the obligor to a licensing authority for noncompliance with an order of support, the licensing authority, notwithstanding any other law to the contrary, must deny a renewal request, revoke the obligor's license, refuse to issue or reinstate a license or issue a restricted license, as the case may be, until the obligor provides the licensing authority with a release from the department that states the obligor is in compliance with the obligor's order of support.
(c) The notice to the obligor shall include the address and telephone number of the office of the department or its contractor that issues the notice and a statement of the need to obtain a release from that office as provided in § 36-5-707 in order to allow the obligor'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.

Backlinks (4)

History (2)

Acts 1996, ch. 892, § 3
2014, ch. 852, §§ 2-4.

§ 36-5-703. Administrative hearing — Certification of noncompliance.

(a) An obligor may request an administrative hearing upon receiving the notice described in § 36-5-702 to contest the department's intention to issue a finding of noncompliance to a licensing authority. The request for hearing must be made in writing and must be received by the department within twenty (20) days of the date the notice is served upon the obligor as shown by the return receipt or by the return on personal service.
(b) If a hearing is requested, the department shall conduct the hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, except that, notwithstanding any law to the contrary, the appeal of the department's administrative order based upon the hearing pursuant to this part shall be made by the obligor in accordance with the jurisdictional and judicial review provisions of § 36-5-1003; provided, that notwithstanding any law or rule to the contrary, the sworn certificate of the department, or its agent, or the Title IV-D agency of another state, regarding the issues in subdivisions (c)(1) and (2), shall be admissible in evidence and shall constitute a rebuttable presumption of the obligor's status.
(c) The only issues for consideration at the administrative hearings shall be:
1. (1) Whether the licensee is an obligor required to pay child support under an order of support;
2. (2) Whether the obligor is not in compliance with the order of support; and
3. (3) Whether good cause exists in that case as to whether the sanctions of this part should be imposed.
(d)
1. (1) The department may enter into a consent order with the obligor, which is filed with the court, for payment of an arrearage owed by the obligor. Upon entry of such consent order by the court, the proceedings under this part shall be further stayed, unless there is noncompliance with such consent order as shown by the records pursuant to subdivision (d)(2). In the event of such noncompliance the stay shall cease and the procedures of subdivision (d)(2) shall be followed. Entry of such consent order shall constitute a waiver of the obligor's right to any hearing on the issue of noncompliance with an order of support based upon the notice of noncompliance for which the consent order has been entered.
2. (2) If the payment records of the clerk of the court or the department show that the obligor remains in arrears and is not in compliance with the consent order for repayment of the child support arrearage pursuant to subdivision (d)(1), the court, through the department, shall, in accordance with § 36-5-705, forthwith certify to each licensing authority that licenses the obligor that the obligor is not in compliance with an order of support.
Backlinks (1)
- 36-5-702(b)(3)

Backlinks (2)

History (3)

Acts 1996, ch. 892, § 4
1998, ch. 1098, § 69
2000, ch. 922, § 22.

§ 36-5-704. Stays of action — Issuance of decisions — Costs.

(a) If an obligor timely requests a hearing to contest the issue of compliance, or files a motion to modify support or requests that the support obligation be amended as provided in § 36-5-710, the department shall stay the action and may not certify the name of the obligor to any licensing authority for noncompliance with an order of support until the department issues a written decision after a hearing that finds the obligor is not in compliance with an order of support or until the motion to modify or request to amend is decided, as the case may be; provided, that after a decision by the department has been made in the form of a final order as provided in § 4-5-315, there will be no further stay unless a reviewing court issues a stay.
(b) The department shall issue its decision after hearing without undue delay. The department's administrative order must inform the obligor that a petition for judicial review of the department's decision must be filed within sixty (60) days of the date of the administrative order in accordance with the jurisdictional and judicial review provisions of § 36-5-1003. The department shall send an attested copy of the decision to the obligor by regular mail to the obligor's most recent address of record and to any attorney representing the obligor in connection with the hearing under this part.
(c) Notwithstanding any law to the contrary, the department is authorized to assess costs to the obligor of the unsuccessful appeal of notice of noncompliance. The department may, by motion in the court with jurisdiction over the support order, recover such costs against the obligor and the court shall direct the obligor to pay such costs to the department.
(d) Any hearings held pursuant to this part shall be held at the department of human services' office nearest the obligor's home.

Backlinks (2)

History (3)

Acts 1996, ch. 892, § 5
1996, ch. 892, §§ 5, 15
1998, ch. 1098, § 70.

§ 36-5-705. Certification that obligor is in noncompliance.

(a) The department shall certify in writing or by electronic data exchange to each licensing authority that licenses the obligor that an obligor is not in compliance with an order of support if:
1. (1) The obligor does not timely request a hearing upon service of notice issued under § 36-5-702 and is not in compliance with an order of support twenty-one (21) days after service of the notice provided for in § 36-5-702;
2. (2) The obligor has not entered into a written agreement satisfactory to the department for payment of the arrearage within twenty (20) days after service of the notice in § 36-5-702 or within such longer period as may be agreed to by the department, or having entered into such a written agreement has failed to comply with such agreement;
3. (3) The department issues a decision after a hearing that finds the obligor is not in compliance with an order of support; or
4. (4) A court, upon a petition for judicial review of the department's decision after its issuance of a stay of that decision pending its ruling, enters a judgment that upholds the department's finding that the obligor is not in compliance with an order of support.
(b) The department shall certify in writing or by electronic data exchange to the department of safety that an obligor is not in compliance with an order of support but is eligible for a restricted license if the department enters into an agreement that includes eligibility for a restricted license, pursuant to § 36-5-714.

Backlinks (3)

History (2)

Acts 1996, ch. 892, § 6
2014, ch. 852, § 5.

§ 36-5-706. Denial, suspension or revocation of license — Refusal to reinstate or reissue — Notice.

(a) Notwithstanding any other law, rule or regulation to the contrary, the certification from the department under § 36-5-705 shall be a basis for the denial, suspension or revocation of a license, for refusal to issue or reinstate a license by a licensing authority or for the issuance of a restricted license.
(b) The licensing authority shall notify, without undue delay, by regular mail, an obligor certified from the department under § 36-5-705, that:
1. (1) The obligor's application for the issuance, renewal or reinstatement of a license has been denied;
2. (2) The obligor's current license has been suspended or revoked because the obligor's name has been certified by the department as an obligor who is not in compliance with an order of support; or
3. (3) The obligor's current driver license has been revoked because the obligor's name has been certified by the department as an obligor who is not in compliance with an order of support but eligible for a restricted license. The notice shall include information on the process for obtaining a restricted license and paying any restricted license fee required by the department of human services.
(c) A notice of suspension must 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 must also inform the individual that in order to apply for issuance, renewal or reinstatement of the license, the individual must obtain a release from the department of human services in accordance with § 36-5-707.
(d) A notice to the obligor by the licensing authority to revoke, restrict, deny, suspend, or refuse to renew or reinstate a license after receipt of the notice of noncompliance from the department shall not be appealable under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.

Backlinks (1)

36-5-101(f)(5)(A)

History (2)

Acts 1996, ch. 892, § 7
2014, ch. 852, §§ 6-8.

§ 36-5-707. Effect of compliance by obligors who have been served notice.

(a) When an obligor who is served notice under § 36-5-702 complies with the order of support, the department shall provide the licensing authority with written or electronic data exchange confirmation that the obligor is in compliance with the order and issue a release to the obligor.
(b)
1. (1) Upon receipt of the written confirmation of reasonable or full compliance, the licensing authority shall issue or extend the obligor's license, or withdraw any denial, revocation, restriction or suspension of the obligor's license; provided, that all other applicable licensing requirements are met by the obligor. If all other applicable licensing requirements are met by the obligor, the obligor 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 obligor, or for which the obligor had been determined otherwise eligible by the licensing authority to receive, prior to the revocation, restriction or suspension or denial of such license pursuant to this part, and which license was revoked, restricted, suspended or denied solely pursuant to this part.
2. (2) If, subsequent to the revocation, restriction, suspension or denial of the license, and prior to the date on which the next periodic licensing would be due, the license is restored or issued by the licensing authority due to reasonable or full compliance, the obligor 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, that 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.
Backlinks (1)
- 36-5-715(b)

Backlinks (4)

History (2)

Acts 1996, ch. 892, § 8
2014, ch. 852, §§ 9, 10.

§ 36-5-708. Rules authorized to enforce part.

The department shall have authority to adopt any necessary rules to implement and enforce the requirements of this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

History (1)

Acts 1996, ch. 892, § 9.

§ 36-5-709. Licensing authorities — Cooperation with department — Agreements.

The various licensing authorities shall cooperate with the department in any manner necessary to effectuate this part, and the department and the various licensing authorities shall enter into any necessary agreements to carry out the purposes of this part.

History (1)

Acts 1996, ch. 892, § 10.

§ 36-5-710. Modification or amendment of support orders or obligations.

Nothing in this part prohibits an obligor from filing a motion to modify support with the court or from requesting the department to amend a support obligation established by an administrative decision.

Backlinks (1)

36-5-704(a)

History (1)

Acts 1996, ch. 892, § 11.

§ 36-5-711. Information about applicants or licensees — Transmittal.

(a) On or before July 1, 1996, or as soon thereafter as economically feasible and at least annually thereafter, all licensing authorities subject to this part shall provide to the department on magnetic tape or other machine-readable format the information herein specified or enter into an agreement with the commissioner for the transfer of or the access of the department to such data, according to standards established by the department, about applicants for licensure and all current licensees including licensees whose licenses are currently suspended, restricted or revoked but are subject to reinstatement upon the occurrence of an event or expiration of a period of time. The information provided must include, if available, the following:
1. (1) Name;
2. (2) Date of birth;
3. (3) Address of record;
4. (4) Federal employer identification number or social security number;
5. (5) Physical description;
6. (6) Type of license;
7. (7) Effective date of license or renewal;
8. (8) Expiration date of license; and
9. (9) Active or inactive status of the license.
(b) If it is not feasible to provide the information on magnetic tape or in a machine-readable format, the information shall be provided in the format agreed upon by the commissioner and the licensing authority.

History (2)

Acts 1996, ch. 892, § 12
2014, ch. 852, § 11.

§ 36-5-712. Report to general assembly and governor.

In furtherance of the public policy of increasing collection of child support, the department shall report the following to the general assembly and the governor on January 31, 1998, and annually thereafter:
1. (1) The number of obligors identified as licensees subject to this part;
2. (2) The number of obligors identified by the department under this part who are not in compliance with an order of support; and
3. (3) The number of actions taken by the department under this part and the results of those actions.

History (1)

Acts 1996, ch. 892, § 13.

§ 36-5-713. Noncompliance with support order to affect ability to hold other licenses.

(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 title 43, 44, 45, 55, 56, 62, 63, 68, 70 or 71, for an individual to engage in a profession, trade, occupation, business, or industry, to hunt or fish, or to operate any motor vehicle or other conveyance, 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 support.
(b) The supreme court is encouraged to establish guidelines to suspend the license of an attorney who fails to comply with the requirements of §§ 36-5-701 — 36-5-707.

Backlinks (3)

History (1)

Acts 1996, ch. 892, § 14.

§ 36-5-714. Restricted license.

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

Backlinks (2)

History (1)

Acts 2014, ch. 852, § 12.

§ 36-5-715. Reinstatement of commercial license upon notice of compliance with support order — Notification procedure.

(a) Notwithstanding another law to the contrary, the department shall provide the department of safety with written or electronic data exchange confirmation that an obligor whose commercial driver license was suspended or revoked solely for noncompliance with an order of support is in reasonable compliance with an order of support if the obligor submits documentation, to the department's satisfaction, showing that:
1. (1) The obligor is employed in a position requiring the operation of a commercial motor vehicle;
2. (2) The employment endeavor can reasonably be expected to contribute to bringing the obligor into compliance with the support order in a timely manner; and
3. (3) The amount of current child support, including arrears, is directed to be withheld from the obligor's income or other compensation received from the obligor's source of employment.
(b) Upon receipt of the confirmation of reasonable compliance pursuant to subsection (a), the department of safety shall withdraw the suspension or revocation of the obligor's commercial driver license and reinstate the license in accordance with the requirements of § 36-5-707(b).

History (1)

Acts 2024, ch. 878, § 1.

Part 8 Child Support Enforcement Powers of Department

§ 36-5-801. Access to records for child support enforcement.

(a)
1. (1) For the purpose of establishing paternity, or for the establishment, modification or enforcement of orders of support under the child support program established under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), the department of human services shall have the authority to:
  1. (A) Subpoena, by an administrative subpoena issued by the commissioner, by any authorized representative of the commissioner, or by any contractor of the department, any financial or other information needed to establish, modify, or enforce an order of support;
  2. (B) Require all entities in the state, including, but not limited to, for-profit, nonprofit and governmental employers, to provide promptly, in response to a request or administrative subpoena from the department, its Title IV-D contractor, or by the Title IV-D agency or contractor of any other state, information on the employment, compensation, and benefits of any individual employed by such entity as an employee or as a contractor;
  3. (C) Obtain upon request, or by administrative subpoena if necessary, and notwithstanding any other law to the contrary, access, including automated access if available, to the following records of any state or local agency:
    1. (i) Vital statistics, including records of voluntary acknowledgments, marriages, births, deaths and divorces;
    2. (ii) State and local tax records and revenue records, including information about the residence address, employer of any individual, and the individual's income and assets;
    3. (iii) Records of real and titled personal property;
    4. (iv) Records of occupational and professional licenses, and records concerning the ownership and control of corporations, partnerships, and other business entities;
    5. (v) Employment security records;
    6. (vi) All records of any state or local agency administering any form of public assistance;
    7. (vii) Records relating to the registration and titling of motor vehicles;
    8. (viii) Records of state, county, or municipal correctional agencies;
  4. (D) Obtain pursuant to an administrative subpoena, and notwithstanding any other law to the contrary, access to certain records held by private entities with respect to individuals who owe or are owed support or against or with respect to whom a support obligation is sought, consisting of the names and addresses of such individuals and the names and addresses of the employers of such individuals, as appearing in customer records of public utilities, including all electric, gas, telephone and water companies and cable television companies; and
  5. (E) Obtain upon request, and by administrative subpoena if necessary, and notwithstanding any other law to the contrary, information, including, but not limited to, information on assets and liabilities held by any financial institution regarding any individuals who owe, are owed or against or with respect to whom a support obligation is owed.
2. (2)
  1. (A) Notwithstanding any other law to the contrary, the department of human services, and any of its Title IV-D child support contractors, or the Title IV-D agency of any other state or territory, or any of their Title IV-D child support contractors and any federal agency conducting activities under Title IV-D of the Social Security Act, shall have access to any information maintained by any agency of the state that maintains any system used to locate any individual for any purpose relating to registration of any motor vehicles or law enforcement activities.
  2. (B) For purposes of this subdivision (a)(2), “system” shall be defined as any automated, computerized or electronic system used by any state law enforcement agency, or any state agency that otherwise maintains any records of motor vehicles, in which any information relative to the location or address of any individual persons are maintained by such agencies.
  3. (C) The department of human services shall have rulemaking authority to prescribe the information required by this subdivision (a)(2).
Backlinks (1)
- 36-5-811(a)
(b) No administrative subpoena shall issue to individuals or entities, other than the obligor or obligee, pursuant to this part without prior review and approval of the necessity for its issuance by a licensed attorney employed by the department or its contractor.
(c) A request or administrative subpoena pursuant to this section may be contested by filing an appeal pursuant to part 10 of this chapter.

Backlinks (1)

67-5-402(b)(4)

History (1)

Acts 1997, ch. 551, § 11.

§ 36-5-802. Administrative orders for parentage tests.

For the purpose of establishing paternity orders of support under the child support program established under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.):
1. (1)
  1. (A) The department of human services shall have the authority to issue an administrative order by the commissioner, authorized representative of the commissioner or the department’s contractor directed to one (1) or more persons to order the genetic testing of the child, the mother and the putative father or fathers for the purpose of paternity establishment without the necessity of filing a paternity action;
  2. (B) If the department orders such tests, it shall pay the costs of such tests and may recoup such costs from the putative father upon establishment of the putative father’s paternity of the child in question or upon establishment of an order of support of the child for whom paternity has been established;
2. (2) The department may obtain additional testing by administrative order in any case in which an original test is contested upon request of and payment of the costs of such tests by the contestant. The party requesting the tests, other than the department, shall make advance payment for such tests;
3. (3) The department may obtain additional tests at its request and may direct the parties by administrative order to attend and to undergo such tests. The department may recoup the costs of such tests it obtains at its request from the putative father upon establishment of the putative father’s paternity of the child in question or upon establishment of an order of support of the child for whom paternity has been established.

Backlinks (3)

History (2)

Acts 1997, ch. 551, § 11
1998, ch. 1098, § 26.

§ 36-5-803. Administrative orders to redirect child support payment.

(a) The commissioner's authorized representative, or the department's Title IV-D contractor, is authorized to issue an administrative order to direct the obligor or other payor in Title IV-D child support cases to change the payee to the clerk or to the department. Notice of the order shall be provided by the department to the obligor and the obligee.
(b) A copy of the administrative order issued pursuant to this section shall be sent to the clerk of the court that issued the original order and the administrative order shall be entered in the court record.

Backlinks (3)

History (2)

Acts 1997, ch. 551, § 11
1998, ch. 1098, § 27.

§ 36-5-804. Administrative orders to direct additional payments to reduce arrearages.

(a) For the purpose of securing overdue support, the commissioner, or the commissioner's duly authorized representatives or the department's Title IV-D contractor, shall have the authority to enter an administrative order to add an amount to the monthly support order which will reduce the arrearage by payment of a reasonable amount toward the reduction of the arrearage over a reasonable period of time.
(b) A copy of the administrative order issued pursuant to this section shall be sent to the clerk of the court which issued the original order and the administrative order shall be entered in the court record.

Backlinks (3)

History (2)

Acts 1997, ch. 551, § 11
1998, ch. 1098, § 28.

§ 36-5-805. Updating of information of parties to certain administrative actions.

(a) Each individual who is a party to any action pursuant to §§ 36-5-802, 36-5-803 and 36-5-804, or § 36-5-103(f), shall be required, and the department shall order the party to file with the local Title IV-D child support office, upon entry of an order by the department, for entry into the state registry of support cases, and to update, as appropriate, the parties' and, for subdivisions (a)(1)-(3), the child's or children's:
1. (1) Full name and any change in name;
2. (2) Social security number and date and place of birth;
3. (3) Residential and mailing addresses;
4. (4) Home telephone numbers;
5. (5) Driver license number;
6. (6) The name, address, and telephone number of the person's employer;
7. (7) The availability and cost of health insurance for the child; and
8. (8) Gross annual income.
(b) Any update must be made within ten (10) days of the date of a change in circumstances of the person and the order shall give notice of this requirement.
(c) In any subsequent child support enforcement action, the delivery of written notice as required by Tennessee Rule of Civil Procedure 5 to the most recent residential or employer address shown in the department's records or the Title IV-D agency's records as required in subsection (a) shall be deemed to satisfy due process requirements for notice and service of process with respect to that party if there is a sufficient showing that a diligent effort has been made to ascertain the location and whereabouts of the party.

Backlinks (1)

36-5-106(c)

History (2)

Acts 1997, ch. 551, § 11
1998, ch. 1098, §§ 29-31.

§ 36-5-806. Administrative review of certain administrative orders.

The persons against whom the administrative orders in §§ 36-5-802, 36-5-803 and 36-5-804 were issued shall have a right to administratively appeal such orders pursuant to part 10 of this chapter.

History (1)

Acts 1997, ch. 551, § 11.

§ 36-5-807. Automated processes and service of documents.

(a) To the maximum extent feasible, the department's automated child support enforcement system shall be utilized to carry out the expedited procedures of this part and the system may be used for the issuance and service of any requests, administrative orders, or subpoenas necessary to enforce child support obligations and such automated service shall be effective for all purposes in this part. Electronically reproduced signatures shall be effective to issue any orders or subpoenas pursuant to this part.
(b) Notwithstanding subsection (a), any requests, administrative orders or administrative subpoenas required to be issued pursuant to this part may be transmitted to any party or person by any method chosen by the department, including but not limited to: certified mail, return receipt requested, regular mail, electronic mail, facsimile transmission, or by personal service, and may be generated by computer or on paper.
(c) If an administrative order or administrative subpoena is returned or otherwise not deliverable, then service shall be had by any alternative method chosen by the department, as listed in subsection (b). Before taking action against an individual or entity for failure to comply with this part, the department shall ensure that service of the administrative order, administrative subpoena, or request, was confirmed by certified mail or by personal service.

Backlinks (1)

36-5-103(f)(5)

History (1)

Acts 1997, ch. 551, § 11.

§ 36-5-808. Statewide jurisdiction of department.

The department's authority and jurisdiction in issuing requests, administrative orders, or subpoenas pursuant to any administrative authority granted by law shall be statewide over all persons or entities in cases subject to its administrative procedures.

History (1)

Acts 1997, ch. 551, § 11.

§ 36-5-809. Enforcement of out-of-state requests, administrative orders and administrative subpoenas.

(a) Administrative orders, subpoenas or requests of child support enforcement agencies of other states or territories seeking to conduct any of the activities provided in this part shall receive full faith and credit and shall be enforceable against persons or entities in this state.
(b) The administrative orders, subpoenas, and requests issued by such agencies may be enforced upon their behalf, upon their request, by the department or its Title IV-D contractors pursuant to the requirements of § 36-5-811 or § 36-5-812.

History (2)

Acts 1997, ch. 551, § 11
1998, ch. 1098, §§ 32, 33.

§ 36-5-810. Immunity for compliance with requests, orders and subpoenas.

All persons or entities complying with any requests, administrative orders, or administrative subpoenas issued pursuant to this part shall be absolutely immune from any liability, civil or criminal, for compliance with the terms of such requests, administrative orders or administrative subpoenas. Nothing herein shall be construed to mean, however, that such immunity applies to any person's civil or criminal liability for support or for failing to provide support as directed by any tribunal's judicial or administrative order, or by law or by regulation.

Backlinks (2)

History (1)

Acts 1997, ch. 551, § 11.

§ 36-5-811. Enforcement of requests for information.

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

Backlinks (3)

History (1)

Acts 1997, ch. 551, § 11.

§ 36-5-812. Enforcement of requests, administrative orders and administrative subpoenas.

(a) The department may enforce an administrative order or subpoena, or the civil penalties authorized in § 36-5-811, by filing a motion for such purpose in the chancery, circuit, juvenile court, or other domestic relations court, having jurisdiction over the support order, or at the option of the department or its Title IV-D contractor, in the county of the residence of the person or of the location of the entity against whom the request, administrative order or administrative subpoena was issued.
(b) The court may enforce any of its orders pursuant to this section by contempt orders.
(c) The department may also enforce such administrative orders, subpoenas or requests by directing the revocation, denial, or suspension of any license, as defined in § 36-5-701, of any person or entity.
(d) Such enforcement methods shall be cumulative, and not exclusive, of any other remedies provided by law for the enforcement of any orders by the court or by the department.

Backlinks (3)

History (2)

Acts 1997, ch. 551, § 11
1998, ch. 1098, § 34.

§ 36-5-813. Liability for fees and costs.

The individual or entity to whom or to which the request, administrative order or administrative subpoena is issued pursuant to this part and that is enforced by the court pursuant to § 36-5-812 shall be liable for all court costs of the proceedings and shall be liable to the department for the cost of any private, contract or government attorney representing the state and for the time of any of its Title IV-D contractor staff utilized in litigating the administrative order or administrative subpoena.

History (1)

Acts 1997, ch. 551, § 11.

§ 36-5-814. “Financial institution” defined.

As used in this part, unless the context otherwise requires, “financial institution” means:
1. (1) A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. § 1813(c));
2. (2) An institution-affiliated party, as defined in Section 3(u) of such Act (12 U.S.C. § 1813(u)), including for purposes of § 36-5-810;
3. (3) Any federal credit union or state credit union as defined in Section 101 of the Federal Credit Union Act (12 U.S.C. § 1752), including, for purposes of § 36-5-810, an institution-affiliated party of such a credit union, as defined in Section 206 of such Act (12 U.S.C. § 1786); or
4. (4) Any benefit association, insurance company, safe deposit company, money-market mutual fund, securities broker/dealer, or similar entity authorized to conduct business in this state.

History (1)

Acts 1997, ch. 551, § 11.

§ 36-5-815. Rulemaking authority.

The department shall have authority to promulgate rules to implement any provisions of this part pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

History (1)

Acts 1997, ch. 551, § 11.

§ 36-5-816. Administrative orders to determine continuing exclusive jurisdiction.

(a) The department, when acting as the tribunal of the state pursuant to § 36-5-2102 and parts 20-29 of this chapter, in the administrative establishment or enforcement of support, shall have authority to issue an administrative order to determine which state would have continuing exclusive jurisdiction for modification of orders in any interstate cases pursuant to the Uniform Interstate Family Support Act, compiled in parts 20-29 of this chapter.
(b) The determination made pursuant to subsection (a) may be appealed as provided pursuant to part 10 of this chapter.

Backlinks (2)

History (1)

Acts 1998, ch. 1098, § 35.

Part 9 Overdue Support

§ 36-5-901. Liens for child support arrearages.

(a)
1. (1) In any case of child or spousal support enforced by the department of human services or its contractors under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), in which overdue support is owed by an obligor who resides or owns property in this state, a lien shall arise by operation of law against all real and personal property, tangible or intangible, then owned or subsequently acquired by the obligor against whom the lien arises for the amounts of overdue support owed or the amount of penalties, costs or fees as provided in this chapter. The personal or real property, tangible or intangible, of the obligor that is subjected to the lien required by this part shall include all existing property at the time of the lien's perfection, or acquired thereafter, even if a prior order for overdue support or arrears only specifies a certain amount of overdue support or arrears that was owed by the obligor at the time of such order.
2. (2) “Overdue support” is defined, for purposes of this part, as any occasion on which the full amount of ordered support for or on behalf of a minor child, or for a spouse or former spouse of the obligor with whom the child is living to the extent spousal support would be included for the purposes of 42 U.S.C. § 654(4), is not paid by the due date for arrears as defined in § 36-5-101(f)(1) unless an income assignment is in effect and the payer of income is paying pursuant to § 36-5-101(g). “Overdue support” shall include all amounts of support that are in arrears as defined in § 36-5-101(f)(1) and that remain unpaid by the obligor at the time the lien is perfected or that become due as arrears subsequent to the perfection of the lien.
3. (3) For the purposes of this part, “personal property” includes:
  1. (A) A commissary account or any other account or fund established by or for the benefit of the inmate in a correctional institution or private prison operated by or under contract with the department of correction while the inmate is incarcerated; and
  2. (B) Any account containing wages received for work performed while an inmate is in a correctional institution or private prison operated by or under contract with the department of correction, but does not include any portion of the account that is used to pay litigation taxes, court costs, sexual offender surcharges, fines, restitution, or other moneys related to the criminal offense for which the inmate is confined.
Backlinks (1)
- 36-5-902(a)
(b)
1. (1)
  1. (A) The commissioner may cause a notice of such lien on real property or upon any personal property to be recorded or filed, as appropriate in the appropriate place for the filing of a judgment lien or security interest in the property. This notice may be filed by automated means where feasible. The department shall not be required to pay the fee for filing the notice of lien at the time the notice is filed, but shall be given credit and billed once each month for the notices that it files pursuant to this subsection (b).
  2. (B) In addition to the notice perfected pursuant to subdivision (b)(1)(A), a notice of lien may be sent by any appropriate means, including by any automated means, by the commissioner or any authorized representative of the department, to any person or entity that holds or that may hold any assets payable or due to be paid or transferred to an obligor of overdue support to notify the person or entity of the existence of a lien for overdue support. The receipt of such notice by that person or entity shall be adequate notice of the department's lien upon the obligor's assets of any kind that are held by the person or entity or that may come into that person's or entity's possession or control. Subject to the priorities of subsections (c) and (d), or the subordination of these liens to orders or judgments pursuant to § 36-5-905(c)(1)(A) and (c)(1)(B), and subject to any exemptions allowed by § 36-5-906, payment or transfer to the obligor or other persons or entities of the funds, property, or other assets of any kind that are encumbered by the lien subsequent to the receipt of such notice, shall make the person or entity liable to the department to the extent of the overdue support, up to the value of the transferred assets, in an action in the circuit or chancery court of the county in which the order of support is being enforced.
2. (2) Upon request, the department shall disclose the specific amount of liability at a given date to any interested party.
3. (3)
  1. (A) The department may cause a notice of lien to be filed or recorded and to be effective in any county in this state against all real or personal property of the obligor by provision by the state of a computer terminal arrangement in the office of the register of deeds or other state or local agency where the information regarding the existence, amount and date of the lien or security interest involving an obligor is made available to anyone who may be researching a title to real property or who may be seeking the status of any security interests or liens affecting any real or personal property held by an obligor. The cost for provision of the computer terminal arrangement, if used pursuant to this subdivision (b)(3)(A), shall be paid by the department of human services.
  2. (B) In the alternative, the department may, upon agreement by the secretary of state, develop a central site for recordation of all notices of liens on all property, real or personal, that would be subject to the lien provisions of this part and the department and the secretary of state shall have authority to promulgate any rules necessary pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement such central recordation site.
  3. (C) In addition, or in conjunction with or as an alternative to the methods described in subdivision (b)(3)(A) or (b)(3)(B), the department may cause the filing or recordation of liens against all real or personal property of the obligor by placing such notice on a site accessible on the internet. If the methods described in subdivision (b)(3)(A) or (b)(3)(B) are used, and if the internet process authorized pursuant to this subdivision (b)(3)(C) is also made available, the dates shown on the department's computer record and displayed in the appropriate office of recordation as provided in subdivision (b)(3), (b)(3)(A) or (b)(3)(B) and those displayed on the internet site shall be the same.
  4. (D) The date noted in the department's computer record and that is displayed in the appropriate office of recordation as provided in subdivision (b)(3)(A) or (b)(3)(B), or that is displayed on the internet site as provided in subdivision (b)(3)(C), will serve for purposes of perfection as the recording or filing date of the lien. The recording or filing provided by this subdivision (b)(3) shall serve as notice to anyone who may be researching a title to real property or who may be seeking the status of any security interests or liens affecting any real or personal property held by an obligor and shall become the date of recordation of the notice of lien for all purposes of this part.
  5. (E) If any of the systems or procedures described in this subdivision (b)(3) is provided by the department, the automated lien shall be effective for all purposes to give notice to persons who may be affected by the existence of such lien in the same manner as the recordation of notice in the lien book maintained by the register of deeds or in the records of any state or local agency maintaining such records.
  6. (F) Prior to the implementation of this subdivision (b)(3), the department shall promulgate rules establishing procedures for the use of the automated system and shall, in addition to the other requirements of the Uniform Administrative Procedures Act, for notice, provide specific notice to the state clerks of court conference, registers of deeds, and the Tennessee Bar Association.
  Backlinks (2)
  
  8-21-1001(f)
  36-5-911
4. (4) Nothing herein shall require the department to file a notice of lien for the seizure of an obligor's assets held by a state or local agency, by a court or administrative tribunal, by a lottery, by a financial institution or by a public or private retirement fund pursuant to § 36-5-904(1)-(3) or to obtain any income withholding from any employer or other payor of income as otherwise permitted under part 5 of this chapter.
(c) The lien of the department for child support arrearages shall be superior to all liens and security interests created under Tennessee law except:
1. (1) County and municipal ad valorem taxes and special assessments upon real estate by county and municipal governments;
2. (2) Deeds of trust that are recorded prior to the recordation of notice of the department's lien;
3. (3) Security interests created pursuant to Article 9 of the Uniform Commercial Code, compiled in title 47, chapter 9, that require filing for perfection and that are properly filed prior to recordation of the notice of the department's lien;
4. (4) Security interests perfected under the Uniform Commercial Code without filing, as provided in title 47, chapter 9, that are properly perfected prior to recordation of the notice of the department's lien;
5. (5) The lien or security interest of a financial institution against an obligor's interest in a deposit account at that institution for any indebtedness to the institution, including but not limited to, that institution's security interest in accounts pledged for loans, its rights under the Uniform Commercial Code or by contract to charge back uncollected deposits, revoke settlements or take other action against the account, its right to recover overdrafts and fees, and its right of offset for mature indebtedness;
6. (6) Other security interests in deposit accounts at a financial institution when such interests are reflected in the records of that financial institution prior to the receipt of an administrative order of seizure;
7. (7) Other liens recorded prior to the recordation of the department's lien, or concerning which a judicial proceeding was initiated prior to recordation of the department's lien;
8. (8) Vendors' liens on real estate provided for in title 66, chapter 10 that are recorded prior to the recordation of notice of the department's lien; and
9. (9) The tax liens of the department of revenue filed pursuant to title 67 prior to the department's child support lien.
Backlinks (2)
- 36-5-905(c)(1)(C)
- 36-5-905(d)
(d)
1. (1)
  1. (A) Nothing in this section shall be interpreted to give the department priority over any deed of trust or any security interest perfected under the Uniform Commercial Code prior to the filing of the notice of the department's child support lien, irrespective of when such child support lien arises.
  2. (B) “Filing” for purposes of this subsection (d) means that the department has recorded its notice of lien pursuant to subsection (b) by filing a document to record its notice of lien in the appropriate office for such recordation or that it has effectively recorded its lien pursuant to the automated recordation method permitted by subdivision (b)(3).
2. (2) No lien for child support arrearages shall be perfected against a motor vehicle unless such lien is physically noted on the certificate of title of such motor vehicle.
3. (3) Nothing in this part shall be deemed to give the department any priority over any possessory lien including, but not limited to, mechanics' and materialmen's liens pursuant to title 66, chapter 11, part 1; artisans liens pursuant to title 66, chapter 14; or garagekeepers' and towing firm liens pursuant to title 66, chapter 19, part 1.
(e) The notice of lien required to be filed or recorded under subsection (b), or any renewal thereof, shall be effective until the obligation is paid.

Backlinks (5)

History (6)

Acts 1997, ch. 551, § 12
1998, ch. 1098, § 36
2000, ch. 846, § 32
2000, ch. 922, § 23
2001, ch. 447, §§ 16, 17
2017, ch. 300, § 1.

§ 36-5-902. Full faith and credit to liens of other state child support agencies.

(a) Full faith and credit shall be accorded to liens arising in any other state or territory for cases of child or spousal support enforced by the Title IV-D child support enforcement agency of the other state or territory as a result of the circumstances of § 36-5-901(a) for all overdue support, as defined in the other state or territory, when that other state or territory agency or other entity complies with the procedural rules relative to the recording, filing or serving of liens that arise within this state.
(b) The department of human services may enforce the liens arising pursuant to this section by any means available for enforcement of its liens.

History (1)

Acts 1997, ch. 551, § 12.

§ 36-5-903. Rebuttable presumption as to ownership.

(a) There shall be a rebuttable presumption concerning property that is subject to this part, except where otherwise clearly noted by the evidence of title or otherwise, or where by law ownership of property is otherwise clearly stated, that at least one-half of all real or tangible personal property that is titled to or in the possession of the obligor is owned by the obligor who is subject to the lien provisions of this part.
(b) All jointly held accounts in any financial institution shall be rebuttably presumed to be available in whole to the obligor.

History (1)

Acts 1997, ch. 551, § 12.

§ 36-5-904. Enforcement of liens.

In cases where there is an arrearage of child or spousal support in a Title IV-D child support case or in which a lien arises pursuant to § 36-5-901, the department is authorized, without further order of a court, to secure the assets of the obligor to satisfy the current obligation and the arrearage by:
1. (1) Intercepting or seizing periodic or lump-sum payments or benefits due the obligor:
  1. (A) From a state or local agency;
  2. (B) From judgments of any judicial or administrative tribunal, settlements approved by any judicial or administrative tribunal, and lottery winnings;
  Backlinks (1)
  
  36-5-901(b)(4)
2. (2) By attaching or seizing assets of the obligor or other person or entity held in financial institutions as defined in § 36-5-910;
3. (3) By attaching public and private retirement funds; and
4. (4) By imposing liens in accordance with § 36-5-901, and, in appropriate cases, by forcing the sale of the obligor's legal or equitable interest in property and by distribution of the proceeds of such sale.

History (2)

Acts 1997, ch. 551, § 12
1998, ch. 1098, § 37.

§ 36-5-905. Enforcement by administrative order of seizure.

(a) The department may enforce the lien provided by this part by issuance of an administrative order to any person or entity directing the seizure or sale of any assets of an obligor. The order shall direct the person or entity to hold, subject to any due process procedures provided the obligor, all assets of any kind of the obligor who is subject to the order pending the outcome of the administrative due process procedures. The order shall be based upon and issued pursuant to an existing judicial or administrative order that has previously established support under which an arrearage, due to overdue support, as defined in § 36-5-901, has occurred.
(b) Upon receipt of the administrative order, whether electronically or otherwise, the person or entity that has or may have the assets of the obligor shall immediately seize, hold, and encumber such assets, as directed by the department, pending further direction from the department as to the disposition of the assets or pending any further orders of any court of competent jurisdiction. The person or entity may place such funds as it has that belong to the obligor in an escrow account for such purpose and may take any other steps deemed reasonable to preserve any real or personal property.
(c)
1. (1) All administrative orders for seizure or sale shall be subject to and subordinate to:
  1. (A) Any order of a United States Bankruptcy Court;
    Backlinks (1)
    
    36-5-901(b)(1)(B)
  2. (B) An attachment or execution under any judicial process in effect at the time of the administrative seizure order, pending modification of such court's orders; or
  3. (C) A priority under § 36-5-901(c).
2. (2) If the assets of the obligor are known by the person or entity that received such administrative order to be subject to any orders of the United States Bankruptcy Court, or to any attachment, execution or existing lien, the person or entity shall, within ten (10) days after receipt of the administrative order, notify the department at the address contained in the order. With respect to deposit accounts of the obligor, the depository financial institution shall inform the department of the unencumbered balances of such accounts.
(d) Upon receipt of direction from the department that all due process procedures have been completed or were waived in any manner, and subject to subsection (c) and subject to the priority for the department's liens as described in § 36-5-901(c), the person or entity shall pay or deliver to the department, pursuant to its direction, the assets of the obligor that are held or that come into the possession or control of the person or entity and that are necessary to comply with the terms of the department's administrative order.
(e)
1. (1) There shall be no requirement of advance judicial notice or hearing prior to the seizure of the obligor's property by administrative order, but the department of human services shall promulgate rules to provide procedures for the seizure of any property subject to the lien arising under this part and to provide post-enforcement procedures to permit the obligor to contest the seizure of any property pursuant to this part and part 10 of this chapter.
2. (2) Such rules shall not permit the final disposition of any property seized under the lien enforcement procedures until the exhaustion of administrative and judicial remedies as provided in this part and shall make the disposition subject to the lien priorities of § 36-5-901.
3. (3)
  1. (A) A notice shall be sent to the obligor against whom the administrative order for seizure or sale of assets is directed by mail within five (5) days of the issuance of such administrative seizure order of the fact that such assets have been the subject of an administrative order and that they have been seized or are subject to sale and are being held, may be conveyed to the department or may be sold, subject to the right to an administrative hearing to contest the seizure or sale of such assets.
  2. (B) The notice shall specify the sum demanded and shall contain, in the case of personal property, an account of the property actually seized and, in the case of real property, a description with reasonable certainty of the property seized. In the case of assets in a financial institution, it shall be sufficient to notify the obligor of the seizure of any assets of the obligor that may be held by any institution to which the order is directed.
(f) A final order of seizure or sale of the obligor's property pursuant to this part shall be effective to convey and vest title in the department or in the purchaser and shall be evidence of title for all purposes. The commissioner or the commissioner's agent may convey title to personal property by certificate of title or may execute a deed conveying title to real property to the purchaser in accordance with regulations as may be prescribed by the commissioner.
(g) All persons or entities complying with any administrative order issued pursuant to this section shall be absolutely immune from any liability, civil or criminal, for compliance with the terms of such order or attempted compliance in good faith with such order.
(h) No more than fifty percent (50%) of the total amount in a commissary account or any other account or fund established by or for the benefit of an inmate in a correctional institution or private prison operated by or under contract with the department of correction while the inmate is incarcerated or any account containing wages received for work performed while an inmate is incarcerated shall be subject to seizure by the department. Any portion of the account that is used to pay litigation taxes, court costs, sexual offender surcharges, fines, restitution, or other moneys related to the criminal offense for which the inmate is confined shall be deducted from the account before the seizure authorized by this subsection (h) is calculated.

History (3)

Acts 1997, ch. 551, § 12
1998, ch. 1098, § 38
2017, ch. 300, § 2.

§ 36-5-906. Exemptions from sale.

(a) Enumeration. There shall be exempt from sale of personal property subject to lien pursuant to this part:
1. (1) Wearing Apparel, School Books and Family Bible. Such items of wearing apparel and such school books as are necessary for the obligor or for members of the obligor's family, and the family bible or other book containing the family's religious beliefs;
2. (2) Fuels, Provisions, Furniture, And Personal Effects. If the obligor is the head of the family, so much of the fuel, provisions, furniture, and personal effects in the obligor's household, and of the arms for personal use, livestock, and poultry of the obligor, as does not exceed five thousand dollars ($5,000) in value;
3. (3) Books And Tools Of A Trade, Business, Or Profession. So many of the books and tools necessary for the trade, business or profession of the obligor as do not exceed in the aggregate two thousand five hundred dollars ($2,500) in value.
(b) Appraisal. The agent of the department seizing property of the type described in subsection (a) shall appraise and set aside to the owner the amount of such property declared to be exempt. If the obligor objects at the time of the seizure to the valuation fixed by the agent making the seizure, the commissioner or the commissioner's agent shall summon three (3) disinterested individuals who shall make the valuation.
(c) No Other Property Exempt. Notwithstanding any other law of the state, no property or rights to property shall be exempt from levy other than the property specifically made exempt by subsection (a).

Backlinks (1)

36-5-901(b)(1)(B)

History (1)

Acts 1997, ch. 551, § 12.

§ 36-5-907. Release of lien.

(a) At any time after the child support obligation has been paid, the person holding title to the property on which the lien is placed may request the department to release the lien. If the department does not release the lien within sixty (60) days of the request, it shall be liable for court costs in any action to remove the lien.
(b) The department may cause the issuance of releases of liens by filing or recording such release of lien with the register of deeds or any other appropriate state or local office as provided under any method authorized pursuant to § 36-5-901 for the filing of notices of liens, or the department may supply copies of such release of liens by the department to any person or entity requesting a release for filing or recording of the release by that person or entity.
(c) The release may be conveyed by any electronic means or by facsimile transmission. If a facsimile transmission is utilized pursuant to this subsection (c), it shall be supplemented by a copy of suitable quality if such facsimile's quality is not adequate for purposes of recording by the register or other appropriate official.

History (2)

Acts 1997, ch. 551, § 12
1998, ch. 1098, § 39.

§ 36-5-908. Department control — Real estate and personal property.

The commissioner or the commissioner's agent shall have charge of all real estate or personal property that is or shall become the property of the department by seizure or judgment under any provision of this or any other title, or that has been or shall be assigned, set off, or conveyed by purchase or otherwise to the department in payment of child support obligations, debts or penalties arising thereunder, or that has been or shall be vested in the department by mortgage or other security for the payment of such obligations, or that has been redeemed by the department, and of all trusts created for the use of the department in payment of such debts due the department.

History (1)

Acts 1997, ch. 551, § 12.

§ 36-5-909. Limitation on rights of action.

No action may be maintained against any officer or employee of the state, or former officer or employee or the officer's or employee's personal representative, with respect to any acts for which an action could be maintained under this part.

History (1)

Acts 1997, ch. 551, § 12.

§ 36-5-910. “Financial institution” defined.

As used in this part, “financial institution” shall mean:
1. (1) A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. § 1813(c));
2. (2) An institution-affiliated party, as defined in Section 3(u) of such act (12 U.S.C. § 1813(u));
3. (3) Any Federal credit union or state credit union as defined in Section 101 of the Federal Credit Union Act (12 U.S.C. § 1752), including an institution-affiliated party of such a credit union, as defined in Section 206 of such Act (12 U.S.C. § 1786);
4. (4) Any benefit association, insurance company, safe deposit company, money-market mutual fund, securities broker/dealer, or similar entity authorized to conduct business in this state.

Backlinks (1)

36-5-904(2)

History (1)

Acts 1997, ch. 551, § 12.

§ 36-5-911. Cooperation by state and local agencies.

All state and local agencies shall cooperate with the department of human services to carry out this part. Nothing in this section shall be construed to require or permit the shifting of the costs for provision of computer terminal hardware or software pursuant to § 36-5-901(b)(3) from the state to any local government.

History (1)

Acts 1997, ch. 551, § 12.

§ 36-5-912. Enforcement procedures — Rules and regulations for enforcement — Contracts for enforcement procedures.

(a) Except where otherwise stated in this part, and to the extent not in conflict with this part, the department shall have the same rights and duties given to the department of revenue pursuant to title 67, chapter 1, part 14 to enforce the liens established by this part against real or tangible personal property.
(b) The department has rulemaking authority to implement this part and shall promulgate any rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that are necessary to implement any provisions of the enforcement procedures described in this part or those procedures adapted for the department's use pursuant to title 67, chapter 1, part 14 that relate to the rights and duties necessary to seize and dispose of property subject to the liens imposed in this part to the extent those rights and duties comport with this part and with state and federal laws administering the child support program established pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq).
(c) The department may contract with the department of revenue, or any other state agency or with any private contractor, to provide services related to the seizure and disposition of property subject to the liens established by this part.

History (1)

Acts 1997, ch. 551, § 12.

Part 10 Appeals

§ 36-5-1001. Appeals of administrative actions by the department of human services.

(a) An appeal that is permitted by state or federal law or regulations for actions of the department of human services relative to Title IV-D child support services involving the following actions of the department shall be processed as provided in subsections (b) and (c) and §§ 36-5-1002 — 36-5-1006:
1. (1) A request for information or records, an administrative order or an administrative subpoena issued pursuant to part 8 of this chapter;
2. (2) An income withholding order pursuant to part 5 of this chapter;
3. (3) Notice of enrollment of a child for health care coverage upon a change of employers or as otherwise authorized pursuant to § 36-5-101(h)(2), § 36-2-319, § 36-5-501(a)(3) or § 37-1-151;
4. (4) Review and adjustment of child support orders pursuant to § 36-5-103;
5. (5) The enforcement by administrative orders of liens for child support pursuant to part 9 of this chapter;
6. (6) Income tax refund intercepts pursuant to 45 CFR 303.72;
7. (7) Credit information reports pursuant to § 36-5-106;
8. (8) Distributions of support collections;
9. (9) Review of administrative orders for payments of overdue support made pursuant to §§ 36-2-322, 36-5-113, and 37-1-151(e) and orders to engage in work activities pursuant to those sections;
10. (10) Review of orders for administrative determination of continuing exclusive jurisdiction pursuant to § 36-5-816;
11. (11) Review of civil penalties for failure to provide proper information for the distribution of child support payments pursuant to § 36-5-120; and
12. (12) Review of income assignment orders for medical coverage entered pursuant to § 36-5-501(a)(3).
(b) Except as otherwise stated in subsections (c) and the following sections of this part, the hearings in subsection (a) shall be conducted pursuant to the provisions for contested case hearings as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(c) The person seeking administrative review of the department's actions pursuant to subsection (a) shall file a written request with the department for an administrative hearing within fifteen (15) calendar days of the date of the notice of an administrative action pursuant to this part as defined by the department.

Backlinks (1)

36-5-1002(a)

History (4)

Acts 1997, ch. 551, § 16
1998, ch. 1098, § 40
2000, ch. 922, §§ 24, 25, 39
2002, ch. 873, § 1.

§ 36-5-1002. Scope of administrative review.

(a) Notwithstanding any other law to the contrary, the scope of administrative review of the orders at the administrative hearing provided by § 36-5-1001 shall be limited to a determination of the correct identity of the person or persons or entity or entities to whom or to which the administrative action is directed, to whether there is a mistake of fact involving the action, and, is further limited to the following specific issues set forth in the following subdivisions:
1. (1) An administrative subpoena for records or request for information or records, pursuant to part 8 of this chapter, shall be modified or overturned by the hearing officer only upon a showing by clear and convincing evidence of arbitrary or capricious action in the issuance of the administrative subpoena or request, or if there is clear and convincing evidence that the best interests of the child or the child's caretaker would be jeopardized by the execution of the administrative subpoena or request, or if there is clear and convincing evidence that compliance with the request or administrative subpoena would constitute a clear violation of law;
2. (2) Review of administrative orders for parentage tests pursuant to § 36-5-802 shall be limited to a determination of whether the department's order was arbitrary or capricious;
3. (3) Review of administrative orders pursuant to § 36-5-803 to redirect child support is limited to whether the case upon which the redirection order has been issued is a Title IV-D case;
4. (4) Review of administrative orders pursuant to § 36-5-804 to direct additional payments of child support shall be limited to a determination of whether the order is a reasonable amount that would eliminate the arrearage within a reasonable amount of time;
5. (5) Review of income assignment orders pursuant to § 36-5-501 is limited to:
  1. (A) For the issuance of the initial order or income assignment:
    1. (i) The correct identity of the individual subject to the order; and
    2. (ii) A mistake of fact;
  2. (B) For the issuance of an income assignment due to a delinquency pursuant to § 36-5-501(b)(1)(B) or (D):
    1. (i) The amount of support not paid; or
    2. (ii) The timeliness of the support paid;
  3. (C) For the addition of an amount ordered pursuant to § 36-5-501(b)(1)(C) to satisfy accumulated arrears, if the court has not already determined the amount of arrears, the reasonableness of the amount ordered paid on the arrears and, in the case of accumulated arrears, the period of time over which support is ordered to be paid;
  4. (D) For the addition of an amount ordered pursuant to § 36-5-501(b)(1)(C) for medical support, if the court has not already determined the amount of medical support, the reasonableness of the amount of medical support ordered; and
  5. (E) For termination of an income assignment, that the conditions of § 36-5-503 have been met;
6. (6) Review of enrollment of a child for health insurance coverage in employer-based health coverage pursuant to § 36-5-501(a)(3) following issuance of an order to require the noncustodial parent to provide such coverage shall be limited to a mistake of fact;
7. (7) Review of the adjustment of child support orders pursuant to § 36-5-103 shall be limited to a determination of the appropriate application of the methods of adjustment of the order of support pursuant to § 36-5-103 that have been utilized by the department based on the income of the parties and based upon any circumstances which should permit deviation from the amount and that is justified by the application of those methods;
8. (8)
  1. (A) Review of the enforcement by administrative orders of liens for child support pursuant to part 9 of this chapter shall be limited to:
    1. (i) The correct amount of the obligation;
    2. (ii) The extent of the obligor's interest in the assets; and
    3. (iii) Whether good cause exists not to seize, sell, distribute or otherwise dispose of all or a part of such assets;
  2. (B) Upon review pursuant to the standards of subdivision (8)(A), the hearing officer may direct that there is a mistake as to the identity or interest of the person whose assets have been seized and dismiss the order, or may direct that all or only a portion of the assets be disposed of, or that there be some other order for the disposition of the assets of the obligor in order to satisfy the child support arrearage;
  3. (C) The department's hearing officer or the reviewing court may grant any relief of preliminary or temporary nature relative to the obligor's assets as may be appropriate under the circumstances pending the entry of the final order;
9. (9) Review of income tax refund intercepts shall be conducted pursuant to the department's existing rules or as they may be further amended;
10. (10) Review of reports of credit status shall be limited to the extent of the amount of current support and amount of arrears to be reported to the credit bureau;
11. (11)
  1. (A) Administrative review of the distribution of collections shall not be conducted until such time as the party seeking redress has contacted the customer service unit in the department's state office for a conciliation process in which the customer service unit shall have thirty (30) days to resolve the issues. If the issues have not been resolved within thirty (30) days of the initiation of such effort, the customer service unit shall notify the person who sought conciliation and the person shall have the right to seek administrative review pursuant to this part;
  2. (B) Review of distribution actions of the department shall be limited to a determination of the adequacy of efforts to resolve the issues pursuant to subdivision (11)(A) and the amount of support that is properly credited to the appellant;
12. (12) Review of an administrative order for payment of an overdue child support obligation made pursuant to §§ 36-2-322, 36-5-113 and 37-1-151(e) shall be limited to a determination of whether the order is a reasonable amount that would eliminate the arrearage within a reasonable period of time; or, for orders pursuant to §§ 36-2-322, 36-5-113 and 37-1-151(e) that direct the individual to engage in work activities as set forth in § 71-3-104, the appeal shall be limited to a determination of whether there is good cause to excuse the person's participation in those activities. “Good cause” for the work activities determination shall be limited to the availability to the individual of the ordered activities, or the individual's capability to participate in those activities due to disability or other circumstances effectively preventing the individual's participation;
13. (13) The appeal of an order to determine continuing exclusive jurisdiction pursuant to § 36-5-816 shall be limited to the correct application of the procedures for such determination pursuant to parts 20-29 of this chapter; and
14. (14) Review of a civil penalty for failure to comply with § 36-5-120 shall be limited to whether there is good cause for failure to comply with that section.
(b) The hearing officer may not forgive any support arrearages upon review of any of the department's administrative orders.
(c)
1. (1) The record of child or spousal support as certified by the clerk of the court or as shown by the department's child support computer system shall be admissible without further foundation testimony and shall constitute a rebuttable presumption as to the amount of support that is in arrears and that is owed by the obligor in any review pursuant to this part. “Spousal support,” as used in this part, means a legally enforceable obligation assessed against an individual for the support of a spouse or former spouse who is living with a child or children for whom the individual also owes support.
2. (2) If submitted to the opposing party ten (10) days prior to the administrative hearing, the affidavit of a keeper or custodian of any other records, including, but not limited to, the records of any financial institution or the department of human services or any other government or private entity, concerning any matter before the hearing officer shall be admitted by the hearing officer unless an objection thereto is submitted five (5) days prior to the hearing. If an objection is filed and is upheld by the hearing officer, the hearing officer shall continue the case to permit the taking of any further testimony that may be necessary to resolve the issues.
3. (3) In order to expedite the review of these matters, the hearing officer shall have discretion to take testimony of any party or witness by telephone or video or other electronic technology, and documents may, in the hearing officer's discretion, be submitted by facsimile transmission or by any other electronic technology.

Backlinks (1)

36-5-1001(a)

History (4)

Acts 1997, ch. 551, § 16
1998, ch. 1098, §§ 41-43
2000, ch. 922, §§ 26, 27, 40
2001, ch. 447, §§ 7, 8.

§ 36-5-1003. Judicial review of administrative actions.

(a) Notwithstanding any other law to the contrary, the judicial review of the administrative hearing decisions of the department of human services pursuant to this part shall be conducted by the court having jurisdiction of the support order as otherwise provided by § 4-5-322.
(b) If any administrative action of the department pursuant to this part is not based upon an existing order of support or paternity, the party seeking judicial review shall file the petition for review of the department's actions in the chancery court of the county of the person's residence, or the county where an entity was served with an administrative subpoena or was notified of a request for information. If the department is enforcing any order of a Title IV-D agency of any other state and there has been no assumption of jurisdiction of the support order by a Tennessee court, the petition for judicial review shall be filed in the county of the residence of the person in Tennessee against whom the request, administrative order or administrative subpoena is issued or the county where an entity was served with an administrative order, administrative subpoena or was notified of a request for information. No judicial review may result in the forgiveness of any support arrearages.
(c) The judicial review shall be limited to the review of the record of the department's hearing as otherwise provided in § 4-5-322.

Backlinks (6)

History (1)

Acts 1997, ch. 551, § 16.

§ 36-5-1004. Noninterference with department's actions — Injunctive relief.

No person or entity who has been served with an administrative order, administrative subpoena, or request for information or records shall take any measures to defeat the administrative action of the department during the pendency of the review of such action by the administrative hearing officer or by the reviewing court, and the department or its contractor may seek injunctive relief to prevent any actions that would defeat its administrative actions.

History (1)

Acts 1997, ch. 551, § 16.

§ 36-5-1005. Liability for fees and costs.

The individual or entity to whom or to which the administrative order, administrative subpoena or request is issued pursuant to this part and that is enforced by the reviewing court shall be liable for all costs of the court proceedings and shall be liable to the department for the cost of any private, contract or government attorney representing the state and for the time of any of its Title IV-D state office staff or contractor staff utilized in litigating the administrative order, administrative subpoena or request.

History (1)

Acts 1997, ch. 551, § 16.

§ 36-5-1006. Rules and regulations.

The department shall have authority to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this part.

Backlinks (1)

36-5-1001(a)

History (1)

Acts 1997, ch. 551, § 16.

Part 11 Employment Records

§ 36-5-1101. Part definitions.

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

History (1)

Acts 1997, ch. 551, § 1.

§ 36-5-1102. Reports of new employees.

Effective October 1, 1997, each employer shall furnish to the department a report that contains the name, address, hire date and social security number of each newly hired employee, and the name, address, and identifying number of the employer assigned under § 6109 of the Internal Revenue Code of 1986 (26 U.S.C. § 6109).

Backlinks (4)

History (2)

Acts 1997, ch. 551, § 1
2001, ch. 447, § 9.

§ 36-5-1103. Reports for employers with employees in two or more states.

An employer that has employees who are employed in two (2) or more states and that transmits reports magnetically or electronically may comply with § 36-5-1102 by designating one (1) state in which such employer has employees to which the employer will transmit the report described in § 36-5-1102 and by transmitting such report to such state. Any employer that transmits reports pursuant to this section shall notify the secretary of the United States department of health and human services, in writing, as to which state such employer designates for the purpose of sending reports under this section.

History (1)

Acts 1997, ch. 551, § 1.

§ 36-5-1104. Time frames for reports by employers.

The report provided by § 36-5-1102 shall be made not later than twenty (20) days after the date the employer hires the employee, or, in the case of an employer transmitting reports magnetically or electronically, by two (2) monthly transmissions, if necessary, not less than twelve (12) nor more than sixteen (16) days apart.

History (2)

Acts 1997, ch. 551, § 1
1998, ch. 1098, § 44.

§ 36-5-1105. Reports on W-4 forms.

Each report required by § 36-5-1102 shall be made on a W-4 form, or at the option of the employer, an equivalent form, containing the same data as required on the W-4 form. The report may be transmitted to the department by first class mail, magnetically or electronically in a format approved by the department.

History (1)

Acts 1997, ch. 551, § 1.

§ 36-5-1106. Use of information by department.

(a) The department shall use the information received pursuant to § 36-5-1102 to locate individuals for purposes of establishing paternity and establishing, modifying and enforcing child support obligations and may disclose such information to any agent of the department that is under contract with the department to carry out such purposes.
(b) The commissioner shall make available information collected pursuant to this part to state or local agencies or their contractors, or agents in this state or their counterparts in any other state or territory who determine financial or medical assistance as permitted under § 1137(b) of the Social Security Act (42 U.S.C. § 1320b-7(b)), as it may be amended; to any state program operated under a plan approved under Titles I, X, and XIV of the Social Security Act (42 U.S.C. §§ 301 et seq., 1201 et seq., and 1351 et seq.), respectively; to any agencies administering the worker's compensation program of a state or territory; to any agencies administering the Tennessee Lawful Employment Act, compiled in title 50, chapter 1, part 7; and to the Title IV-D agency in this state, its local offices and its contractors, whether public or private, and the Title IV-D agency's counterparts in other states or territories, their local offices and their contractors, whether public or private, for use in locating absent parents, and for use in establishing, enforcing and modifying child support orders; and to the federal government as required by statute or regulation. The department may charge a fee to cover the costs of the provision of such information to any other state or local government entities that may be conducting eligibility determinations or who are conducting programs under this subsection (b).
(c) No further disclosures shall be made except as authorized pursuant to this section or § 71-1-131. Disclosure in violation of this section shall be a Class C misdemeanor.

History (2)

Acts 1997, ch. 551, § 1
2016, ch. 828, § 20.

§ 36-5-1107. Failure to make necessary reports — Penalties.

(a) If, after prior notification by the department of human services of failure to make the necessary reports required by this part, any employer fails or refuses to comply with the requirements of this part, the employer shall be subject to a civil penalty of twenty dollars ($20.00) for each employee who is not reported.
(b) Any employer and employee who conspire not to provide the report required by this part or who conspire to provide a false or incomplete report shall each be subject to a civil penalty of four hundred dollars ($400).
(c) Such penalties shall be assessed by the commissioner of human services after written notice that provides fifteen (15) days from the mailing date of such notice to file a written request for appeal.
(d) If an appeal is timely filed with the department, the employer or employee shall be entitled to an administrative hearing before the department on the issue of the assessment pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to contested case hearings.
(e) Failure to timely appeal the assessment of the civil penalty shall be final and conclusive of the correctness of the assessment.
(f) Any amount found owing shall be due and payable not later than fifteen (15) days after the mailing date of the determination.
(g)
1. (1) Failure to pay an assessment shall result in a lien against the real or personal property of the employer or the employee in favor of the department and shall be enforced by original attachment issued by the court in the county where the employer is located, or where the employee resides by any court having jurisdiction of the monetary amounts assessed.
2. (2) The employer or employee shall be liable for all court costs and litigation taxes of the proceedings and shall be liable to the department for the cost of any private, contract or government attorney representing the state and for the time of any of its Title IV-D or contractor staff utilized in litigating the assessment.
(h) Any appeal of the action of the commissioner pursuant to this section shall be made in conformity with § 4-5-322.

History (2)

Acts 1997, ch. 551, § 1
1998, ch. 1098, § 45.

§ 36-5-1108. Rulemaking authority.

The department has authority to promulgate rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that it determines are necessary for the implementation of this part, and it is specifically authorized to utilize emergency rules to implement this part, effective June 23, 1997, subject to prior approval of the emergency rules by the attorney general and reporter.

History (2)

Acts 1997, ch. 551, § 1
2009, ch. 566, § 12.

Part 12 Assistance by Other States

§ 36-5-1201. Administrative enforcement in interstate cases.

(a) The department of human services, as the Title IV-D child support enforcement agency of this state, shall use high-volume automated administrative enforcement, to the same extent as used for intrastate cases, in response to a request made by another state to enforce support orders, and shall promptly report the results of such enforcement procedure to the requesting state.
(b) The agencies of this or any state that enforce child support may, by electronic or other means, transmit to another state or to this state a request for assistance in enforcing support orders through high-volume, automated administrative enforcement, which request:
1. (1) Shall include such information as will enable the state to which the request is transmitted to compare the information about the cases to the information in the data bases of the state receiving the request; and
2. (2) Shall constitute a certification by the requesting state:
  1. (A) Of the amount of support under an order the payment of which is in arrears; and
  2. (B) That the requesting state has complied with all procedural due process requirements applicable to each case.
(c) If the department provides assistance to another state with respect to a case, or if another state seeks assistance from the department pursuant to this section, neither state shall consider the case to be transferred to the caseload of such other state.
(d) The department shall maintain records of:
1. (1) The number of such requests for assistance received by the department;
2. (2) The number of cases for which the department collected support in response to such a request; and
3. (3) The amount of such collected support.
(e) In this part, the term “high-volume automated administrative enforcement” in interstate cases means, on request of another state, the identification by the department, through automated data matches with financial institutions and other entities where assets may be found, of assets owned by persons who owe child support in other states, and the seizure of such assets by the department, through levy or other appropriate means.

History (3)

Acts 1997, ch. 551, § 15
1998, ch. 1098, § 46
2001, ch. 447, § 10.

Part 13 Social Security Number Records

§ 36-5-1301. Inclusion of social security numbers on certain licenses.

(a) Notwithstanding any other law to the contrary, all applications for professional licenses, driver licenses, occupational licenses, hunting and fishing licenses or recreational licenses, or marriage licenses issued by any agency or any political subdivision of the state on and after July 1, 1997, shall contain the social security number of each applicant.
(b) If the agency or office maintaining the records described in subsection (a) allows the use of a number other than the social security number on the face of the license document, and the social security number obtained on the application is kept on file with the agency or office, the agency or office shall so advise the applicant.
(c) All agencies maintaining records as required by subsection (a) shall make such records accessible to the department of human services or its contractors or agents enforcing Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), and to the extent possible, in electronic or magnetic automated formats.

History (2)

Acts 1997, ch. 551, § 29
1998, ch. 1098, §§ 47, 48.

§ 36-5-1302. Inclusion of social security numbers in certain records.

Notwithstanding any other law to the contrary, the social security number of any individual who is subject to a divorce decree, order of support issued by any court, any order of paternity or legitimation, or any voluntary acknowledgment of paternity shall be placed in the records relating to such matter.

History (1)

Acts 1997, ch. 551, § 29.

Part 20 Uniform Interstate Family Support Act—Short Title

§ 36-5-2001. Short title.

Parts 20-29 of this chapter shall be known and may be cited as the “Uniform Interstate Family Support Act.”

History (1)

Acts 2010, ch. 901, § 1.

Part 21 Uniform Interstate Family Support Act — General Provisions

§ 36-5-2101. Definitions.

As used in parts 20-29 of this chapter, unless the context otherwise requires:
1. (1) “Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent;
2. (2) “Child support order” means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country;
3. (3) “Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007;
4. (4) “Duty of support” means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support;
5. (5) “Foreign country” means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
  1. (A) Which has been declared under the law of the United States to be a foreign reciprocating country;
  2. (B) Which has established a reciprocal arrangement for child support with this state as provided in § 36-5-2308;
  3. (C) Which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under parts 20-29 of this chapter; or
  4. (D) In which the Convention is in force with respect to the United States;
    Backlinks (3)
    
    36-5-2701(2)
    36-5-2701(3)
    36-5-2701(5)
6. (6) “Foreign support order” means a support order of a foreign tribunal;
7. (7) “Foreign tribunal” means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention;
8. (8) “Home state” means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six (6) consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six (6) months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period;
9. (9) “Income” includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state;
10. (10) “Income-withholding order” means an order or other legal process directed to an obligor’s employer or other debtor, as provided for in part 5 of this chapter, to withhold support from the income of the obligor;
11. (11) “Initiating tribunal” means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country;
12. (12) “Issuing foreign country” means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child;
13. (13) “Issuing state” means the state in which a tribunal issues a support order or a judgment determining parentage of a child;
14. (14) “Issuing tribunal” means the tribunal of a state or foreign country that issues a support order or renders a judgment determining parentage of a child;
15. (15) “Law” includes decisional and statutory law and rules and regulations having the force of law;
16. (16) “Obligee” means:
  1. (A) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;
  2. (B) A foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;
  3. (C) An individual seeking a judgment determining parentage of the individual’s child; or
  4. (D) A person that is a creditor in a proceeding under part 27 of this chapter;
17. (17) “Obligor” means an individual, or the estate of a decedent that:
  1. (A) Owes or is alleged to owe a duty of support;
  2. (B) Is alleged but has not been adjudicated to be a parent of a child;
  3. (C) Is liable under a support order; or
  4. (D) Is a debtor in a proceeding under part 27 of this chapter;
18. (18) “Outside this state” means a location in another state or a country other than the United States, whether or not the country is a foreign country;
19. (19) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;
20. (20) “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;
21. (21) “Register” means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country;
22. (22) “Registering tribunal” means a tribunal in which a support order or judgment determining parentage of a child is registered;
23. (23) “Responding state” means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country;
24. (24) “Responding tribunal” means the authorized tribunal in a responding state or foreign country;
25. (25) “Spousal support order” means a support order for a spouse or former spouse of the obligor;
26. (26) “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 under the jurisdiction of the United States. The term includes an Indian nation or tribe;
27. (27) “Support enforcement agency” means a public official, governmental entity, or private agency authorized to:
  1. (A) Seek enforcement of support orders or laws relating to the duty of support;
  2. (B) Seek establishment or modification of child support;
  3. (C) Request determination of parentage of a child;
  4. (D) Attempt to locate obligors or their assets; or
  5. (E) Request determination of the controlling child support order;
28. (28) “Support order” means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney’s fees, and other relief; and
29. (29) “Tribunal” means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.

History (2)

Acts 2010, ch. 901, § 1
2016, ch. 664, § 1.

§ 36-5-2102. State tribunal and support enforcement agency.

(a) The chancery, circuit, juvenile, and any courts exercising domestic relations jurisdiction under any enactment of the general assembly, and the department of human services when, pursuant to a state or federal law, the department is acting in its capacity as the Title IV-D child support enforcement agency of the state to carry out administrative support establishment or support enforcement actions or when adjudicating administrative appeals involving the Title IV-D child support program, are the tribunals of this state.
(b) The department of human services is the support enforcement agency of this state.

Backlinks (1)

36-5-816(a)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2103. Remedies cumulative.

(a) Remedies provided by parts 20-29 of this chapter are cumulative and do not affect the availability of remedies under other law, or the recognition of a foreign support order on the basis of comity.
(b) Parts 20-29 of this chapter do not:
1. (1) Provide the exclusive method of establishing or enforcing a support order under the law of this state; or
2. (2) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under parts 20-29 of this chapter.

History (2)

Acts 2010, ch. 901, § 1
2011, ch. 55, § 1.

§ 36-5-2104. Application of parts 21-27 of this chapter to resident of foreign country and foreign support proceeding.

(a) A tribunal of this state shall apply parts 21-26 of this chapter and, as applicable, part 27 of this chapter, to a support proceeding involving:
1. (1) A foreign support order;
2. (2) A foreign tribunal; or
3. (3) An obligee, obligor, or child residing in a foreign country.
(b) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of parts 21-26 of this chapter.
(c) Part 27 of this chapter applies only to a support proceeding under the Convention. In such a proceeding, if a provision of part 27 of this chapter is inconsistent with parts 21-26 of this chapter, then part 27 of this chapter controls.

History (1)

Acts 2010, ch. 901, § 1.

Part 22 Uniform Interstate Family Support Act — Jurisdiction

§ 36-5-2201. Bases for jurisdiction over nonresident.

(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if:
1. (1) The individual is personally served with notice within this state;
2. (2) The individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
3. (3) The individual resided with the child in this state;
4. (4) The individual resided in this state and provided prenatal expenses or support for the child;
5. (5) The child resides in this state as a result of the acts or directives of the individual;
6. (6) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
7. (7) The individual asserted parentage of a child in the putative father registry maintained in this state by the department of children's services; or
8. (8) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection (a) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of § 36-5-2611 are met, or, in the case of a foreign support order, unless the requirements of § 36-5-2615 are met.
Backlinks (1)
- 36-5-2611(f)

Backlinks (1)

36-5-2708(b)(2)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2202. Duration of personal jurisdiction.

Personal jurisdiction acquired by a tribunal of this state in a proceeding under parts 20-26 of this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by §§ 36-5-2205, 36-5-2206 and 36-5-2211.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2203. Initiating and responding tribunal of state.

Under parts 20-26 of this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2204. Simultaneous proceedings.

(a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:
1. (1) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
2. (2) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
3. (3) If relevant, this state is the home state of the child.
(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
1. (1) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
2. (2) The contesting party timely challenges the exercise of jurisdiction in this state; and
3. (3) If relevant, the other state or foreign country is the home state of the child.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2205. Continuing, exclusive jurisdiction to modify child support order.

(a) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:
1. (1) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
2. (2) Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
(b) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:
1. (1) All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
2. (2) Its order is not the controlling order.
(c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act which modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

Backlinks (2)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2206. Continuing jurisdiction to enforce child support order.

(a) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:
1. (1) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or
2. (2) A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
(b) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.

Backlinks (2)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2207. Determination of controlling child support order.

(a) If a proceeding is brought under parts 20-29 of this chapter and only one (1) tribunal has issued a child support order, the order of that tribunal controls and must be recognized.
(b) If a proceeding is brought under parts 20-29 of this chapter and two (2) or more child support orders have been issued by tribunals of this state, another state, or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:
1. (1) If only one (1) of the tribunals would have continuing, exclusive jurisdiction under parts 20-29 of this chapter, the order of that tribunal controls and must be so recognized;
2. (2) If more than one (1) of the tribunals would have continuing, exclusive jurisdiction under parts 20-29 of this chapter:
  1. (A) An order issued by a tribunal in the current home state of the child controls; but
  2. (B) If an order has not been issued in the current home state of the child, the order most recently issued controls.
3. (3) If none of the tribunals would have continuing, exclusive jurisdiction under parts 20-29 of this chapter, the tribunal of this state shall issue a child support order, which controls.
(c) If two (2) or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (b). The request may be filed with a registration for enforcement or registration for modification pursuant to part 26, or may be filed as a separate proceeding.
(d) A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.
(e) The tribunal that issued the controlling order under subsection (a), (b), or (c) has continuing jurisdiction to the extent provided in § 36-5-2205 or § 36-5-2206.
(f) A tribunal of this state that determines by order which is the controlling order under subdivision (b)(1) or (b)(2) or subsection (c), or that issues a new controlling order under subdivision (b)(3), shall state in that order:
1. (1) The basis upon which the tribunal made its determination;
2. (2) The amount of prospective support, if any; and
3. (3) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by § 36-5-2209.
(g) Within thirty (30) days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.
(h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under parts 20-29 of this chapter.

Backlinks (1)

36-5-2611(c)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2208. Child support orders for two or more obligees.

In responding to registrations or petitions for enforcement of two (2) or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one (1) of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2209. Credit for payments.

A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, or another state, or a foreign country.

Backlinks (1)

36-5-2207(f)(3)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2210. Application of parts 20-29 of this chapter to nonresident subject to personal jurisdiction.

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under parts 20-29 of this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to § 36-5-2316, communicate with a tribunal outside this state pursuant to § 36-5-2317, and obtain discovery through a tribunal outside this state pursuant to § 36-5-2318. In all other respects, parts 23-26 do not apply, and the tribunal shall apply the procedural and substantive law of this state.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2211. Continuing, exclusive jurisdiction to modify spousal support order.

(a) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.
(b) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
(c) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as:
1. (1) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or
2. (2) A responding tribunal to enforce or modify its own spousal support order.

Backlinks (1)

36-5-2202

History (1)

Acts 2010, ch. 901, § 1.

Part 23 Uniform Interstate Family Support Act — Civil Provisions of General Application

§ 36-5-2301. Proceedings under parts 20-29 of this chapter.

(a) Except as otherwise provided in parts 20-29 of this chapter, this part applies to all proceedings under parts 20-29 of this chapter.
(b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under parts 20-29 of this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent.
Backlinks (1)
- 36-5-2305(a)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2302. Proceeding by minor parent.

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2303. Application of law of state.

Except as otherwise provided in parts 20-29 of this chapter, a responding tribunal of this state shall:
1. (1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and
2. (2) Determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2304. Duties of initiating tribunal.

(a) Upon the filing of a petition authorized by parts 20-29 of this chapter an initiating tribunal of this state shall forward the petition and its accompanying documents:
1. (1) To the responding tribunal or appropriate support enforcement agency in the responding state; or
2. (2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
(b) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2305. Duties and powers of responding tribunal.

(a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to § 36-5-2301(b), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.
(b) A responding tribunal of this state, to the extent not prohibited by other law, may do one (1) or more of the following:
1. (1) Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child;
2. (2) Order an obligor to comply with a support order, specifying the amount and the manner of compliance;
3. (3) Order income withholding;
4. (4) Determine the amount of any arrearages, and specify a method of payment;
5. (5) Enforce orders by civil or criminal contempt, or both;
6. (6) Set aside property for satisfaction of the support order;
7. (7) Place liens and order execution on the obligor’s property;
8. (8) Order an obligor to keep the tribunal informed of the obligor’s current residential address, electronic-mail address, telephone number, employer, address of employment, and telephone number at the place of employment;
9. (9) Issue an attachment pro corpus or capias for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the attachment pro corpus in any local and state computer systems for criminal warrants;
10. (10) Order the obligor to seek appropriate employment by specified methods;
11. (11) Award reasonable attorney’s fees and other fees and costs; and
12. (12) Grant any other available remedy.
(c) A responding tribunal of this state shall include in a support order issued under parts 20-29 of this chapter or in the documents accompanying the order, the calculations on which the support order is based.
(d) A responding tribunal of this state may not condition the payment of a support order issued under parts 20-29 of this chapter upon compliance by a party with provisions for visitation.
(e) If a responding tribunal of this state issues an order under parts 20-29 of this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
(f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.

Backlinks (1)

36-5-2401(c)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2306. Inappropriate tribunal.

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2307. Duties of support enforcement agency.

(a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under parts 20-26 of this chapter.
(b) A support enforcement agency of this state that is providing services to the petitioner shall:
1. (1) Take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent;
2. (2) Request an appropriate tribunal to set a date, time, and place for a hearing;
3. (3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
4. (4) Within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
5. (5) Within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent’s attorney, send a copy of the communication to the petitioner; and
6. (6) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(c) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts:
1. (1) To ensure that the order to be registered is the controlling order; or
2. (2) If two (2) or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(d) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
(e) A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to § 36-5-2319.
(f) Parts 20-29 of this chapter do not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2308. Duty of attorney general and reporter.

(a) If the attorney general and reporter determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general and reporter may order the agency to perform its duties under parts 20-29 of this chapter or may provide those services directly to the individual.
(b) The attorney general and reporter may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.

Backlinks (1)

36-5-2101(5)(B)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2309. Private counsel.

An individual may employ private counsel to represent the individual in proceedings authorized by parts 20-29 of this chapter.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2310. Duties of the department of human services.

(a) The department of human services is the state information agency under parts 20-29 of this chapter.
(b) The state information agency shall:
1. (1) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under parts 20-29 of this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;
2. (2) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;
3. (3) Forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor’s property is believed to be located, all documents concerning a proceeding under parts 20-29 of this chapter received from another state or a foreign country; and
4. (4) Obtain information concerning the location of the obligor and the obligor’s property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor’s address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver’s licenses, and social security.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2311. Pleadings and accompanying documents.

(a) In a proceeding under parts 20-29 of this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under § 36-5-2312, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
(b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.

Backlinks (1)

36-5-2706(b)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2312. Nondisclosure of information in exceptional circumstances.

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 specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.

Backlinks (2)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2313. Costs and fees.

(a) The petitioner may not be required to pay a filing fee or other costs.
(b) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney’s fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee’s witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or responding state or foreign country, except as provided by other law. Attorney’s fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney’s own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.
(c) The tribunal shall order the payment of costs and reasonable attorney’s fees if it determines that a hearing was requested primarily for delay. In a proceeding under part 26 of this chapter, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2314. Limited immunity of petitioner.

(a) Participation by a petitioner in a proceeding under parts 20-29 of this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
(b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under parts 20-29 of this chapter.
(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under parts 20-29 of this chapter committed by a party while physically present in this state to participate in the proceeding.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2315. Nonparentage as defense.

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under parts 20-29 of this chapter.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2316. Special rules of evidence and procedure.

(a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.
(b) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.
(c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten (10) days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.
(e) Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.
(f) In a proceeding under parts 20-29 of this chapter, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.
(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications between spouses does not apply in a proceeding under parts 20-29 of this chapter.
(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under parts 20-29 of this chapter.
(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.

Backlinks (1)

36-5-2210

History (2)

Acts 2010, ch. 901, § 1
2016, ch. 664, § 2.

§ 36-5-2317. Communications between tribunals.

A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.

Backlinks (1)

36-5-2210

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2318. Assistance with discovery.

A tribunal of this state may:
1. (1) Request a tribunal outside this state to assist in obtaining discovery; and
2. (2) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.

Backlinks (1)

36-5-2210

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2319. Receipt and disbursement of payments.

(a) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.
(b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall:
1. (1) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and
2. (2) Issue and send to the obligor’s employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.
(c) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (b) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.

Backlinks (1)

36-5-2307(e)

History (1)

Acts 2010, ch. 901, § 1.

Part 24 Uniform Interstate Family Support Act — Establishment of Support Order or Determination of Parentage

§ 36-5-2401. Establishment of support order.

(a) If a support order entitled to recognition under parts 20-29 of this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:
1. (1) The individual seeking the order resides outside this state; or
2. (2) The support enforcement agency seeking the order is located outside this state.
(b) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
1. (1) A presumed father of the child;
2. (2) Petitioning to have his paternity adjudicated;
3. (3) Identified as the father of the child through genetic testing;
4. (4) An alleged father who has declined to submit to genetic testing;
5. (5) Shown by clear and convincing evidence to be the father of the child;
6. (6) An acknowledged father as provided by this title;
7. (7) The mother of the child; or
8. (8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to § 36-5-2305.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2402. Proceeding to determine parentage.

A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under parts 20-29 of this chapter or a law or procedure substantially similar to parts 20-29 of this chapter.

History (1)

Acts 2010, ch. 901, § 1.

Part 25 Uniform Interstate Family Support Act — Enforcement of Order Without Registration

§ 36-5-2501. Employer's receipt of income-withholding order of another state.

An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person considered as the obligor’s employer pursuant to part 5 of this chapter without first filing a petition or comparable pleading or registering the order with a tribunal of this state.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2502. Employer’s compliance with income-withholding order of another state.

(a) Upon receipt of an income-withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor.
(b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.
(c) Except as otherwise provided in subsection (d) and § 36-5-2503, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify:
1. (1) The duration and amount of periodic payments of current child support, stated as a sum certain;
2. (2) The person designated to receive payments and the address to which the payments are to be forwarded;
3. (3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor’s employment;
4. (4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee’s attorney, stated as sums certain; and
5. (5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(d) An employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to:
1. (1) The employer’s fee for processing an income-withholding order;
2. (2) The maximum amount permitted to be withheld from the obligor’s income; and
3. (3) The times within which the employer must implement the withholding order and forward the child support payment.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2503. Employer’s compliance with two or more income-withholding orders.

If an obligor’s employer receives two (2) or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish the priorities for withholding and allocating income withheld for two (2) or more child support obligees.

Backlinks (1)

36-5-2502(c)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2504. Immunity from civil liability.

An employer that complies with an income-withholding order issued in another state in accordance with this part is not subject to civil liability to an individual or agency with regard to the employer’s withholding of child support from the obligor’s income.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2505. Penalties for noncompliance.

An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2506. Contest by obligor.

(a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in part 26, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.
(b) The obligor shall give notice of the contest to:
1. (1) A support enforcement agency providing services to the obligee;
2. (2) Each employer that has directly received an income-withholding order relating to the obligor; and
3. (3) The person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2507. Administrative enforcement of orders.

(a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.
(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to parts 20-29 of this chapter.

History (1)

Acts 2010, ch. 901, § 1.

Part 26 Uniform Interstate Family Support Act — Registration, Enforcement, and Modification of Support Order

A. Registration for Enforcement of Support Order

§ 36-5-2601. Registration of order for enforcement.

A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.

Backlinks (2)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2602. Procedure to register order for enforcement.

(a) Except as otherwise provided in § 36-5-2706, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state:
1. (1) A letter of transmittal to the tribunal requesting registration and enforcement;
2. (2) Two (2) copies, including one (1) certified copy, of the order to be registered, including any modification of the order;
3. (3) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;
4. (4) The name of the obligor and, if known:
  1. (A) The obligor’s address and social security number;
  2. (B) The name and address of the obligor’s employer and any other source of income of the obligor; and
  3. (C) A description and the location of property of the obligor in this state not exempt from execution; and
5. (5) Except as otherwise provided in § 36-5-2312, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.
Backlinks (1)
- 36-5-2706(b)
(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one (1) copy of the documents and information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.
(d) If two (2) or more orders are in effect, the person requesting registration shall:
1. (1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;
2. (2) Specify the order alleged to be the controlling order, if any; and
3. (3) Specify the amount of consolidated arrears, if any.
(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2603. Effect of registration for enforcement.

(a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.
(b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
(c) Except as otherwise provided in parts 20-29 of this chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2604. Choice of law.

(a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs:
1. (1) The nature, extent, amount, and duration of current payments under a registered support order;
2. (2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
3. (3) The existence and satisfaction of other obligations under the support order.
(b) In a proceeding for arrears under a registered support order, the statute of limitation of this state, or of the issuing state or foreign country, whichever is longer, applies.
(c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(d) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.

Backlinks (1)

36-5-2607(a)(7)

History (1)

Acts 2010, ch. 901, § 1.

B. Contest of Validity or Enforcement

§ 36-5-2605. Notice of registration of order.

(a) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(b) A notice must inform the nonregistering party:
1. (1) That a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
2. (2) That a hearing to contest the validity or enforcement of the registered order must be requested within twenty (20) days after notice unless the registered order is under § 36-5-2707;
3. (3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and
4. (4) Of the amount of any alleged arrearages.
(c) If the registering party asserts that two (2) or more orders are in effect, a notice must also:
1. (1) Identify the two (2) or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;
2. (2) Notify the nonregistering party of the right to a determination of which is the controlling order;
3. (3) State that the procedures provided in subsection (b) apply to the determination of which is the controlling order; and
4. (4) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(d) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor’s employer pursuant to part 5 of this chapter.

Backlinks (2)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2606. Procedure to contest validity or enforcement of registered support order.

(a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by § 36-5-2605. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to § 36-5-2607.
(b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2607. Contest of registration or enforcement.

(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one (1) or more of the following defenses:
1. (1) The issuing tribunal lacked personal jurisdiction over the contesting party;
2. (2) The order was obtained by fraud;
3. (3) The order has been vacated, suspended, or modified by a later order;
4. (4) The issuing tribunal has stayed the order pending appeal;
5. (5) There is a defense under the law of this state to the remedy sought;
6. (6) Full or partial payment has been made;
7. (7) The statute of limitation under § 36-5-2604 precludes enforcement of some or all of the alleged arrearages; or
8. (8) The alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of the registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.
(c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.

Backlinks (1)

36-5-2606(a)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2608. Confirmed order.

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

Backlinks (3)

History (1)

Acts 2010, ch. 901, § 1.

C. Registration and Modification of Child Support Order of Another State

§ 36-5-2609. Procedure to register child support order of another state for modification.

A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in §§ 36-5-2601 — 36-5-2608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2610. Effect of registration for modification.

A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of § 36-5-2611 or § 36-5-2613 have been met.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2611. Modification of child support order of another state.

(a) If § 36-5-2613 does not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:
1. (1) The following requirements are met:
  1. (A) Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;
  2. (B) A petitioner who is a nonresident of this state seeks modification; and
  3. (C) The respondent is subject to the personal jurisdiction of the tribunal of this state; or
2. (2) This state is the state of residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.
(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.
(c) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized under § 36-5-2207 establishes the aspects of the support order which are nonmodifiable.
(d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.
(e) On the issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.
(f) Notwithstanding subsections (a)-(e) and § 36-5-2201(b), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:
1. (1) One party resides in another state; and
2. (2) The other party resides outside the United States.

Backlinks (3)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2612. Recognition of order modified in another state.

If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:
1. (1) May enforce its order that was modified only as to arrears and interest accruing before the modification;
2. (2) May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and
3. (3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2613. Jurisdiction to modify child support order of another state when individual parties reside in this state.

(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state’s child support order in a proceeding to register that order.
(b) A tribunal of this state exercising jurisdiction under this section shall apply parts 21 and 22 of this chapter and the procedural and substantive law of this state to the proceeding for enforcement or modification. Parts 23, 24, 25, 27 and 28 of this chapter do not apply.

Backlinks (2)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2614. Notice to issuing tribunal of modification.

Within thirty (30) days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.

History (1)

Acts 2010, ch. 901, § 1.

D. Registration and Modification of Foreign Child Support Order

§ 36-5-2615. Jurisdiction to modify child support order of foreign country.

(a) Except as otherwise provided in § 36-5-2711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child support order otherwise required of the individual pursuant to § 36-5-2611 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
(b) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order.

Backlinks (1)

36-5-2201(b)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2616. Procedure to register child support order of foreign country for modification.

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this state under §§ 36-5-2601—36-5-2608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.

History (1)

Acts 2010, ch. 901, § 1.

Part 27 Support Proceeding under Convention

§ 36-5-2701. Part definitions.

In this part:
1. (1) “Application” means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority;
2. (2) “Central authority” means the entity designated by the United States or a foreign country described in § 36-5-2101(5)(D) to perform the functions specified in the Convention;
3. (3) “Convention support order” means a support order of a tribunal of a foreign country described in § 36-5-2101(5)(D);
4. (4) “Direct request” means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States;
5. (5) “Foreign central authority” means the entity designated by a foreign country described in § 36-5-2101(5)(D) to perform the functions specified in the Convention;
6. (6) “Foreign support agreement”:
  1. (A) Means an agreement for support in a record that:
    1. (i) Is enforceable as a support order in the country of origin;
    2. (ii) Has been:
      1. (a) Formally drawn up or registered as an authentic instrument by a foreign tribunal; or
      2. (b) Authenticated by, or concluded, registered, or filed with a foreign tribunal; and
    3. (iii) May be reviewed and modified by a foreign tribunal; and
  2. (B) Includes a maintenance arrangement or authentic instrument under the Convention; and
7. (7) “United States central authority” means the secretary of the United States department of health and human services.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2702. Applicability.

This part applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this part is inconsistent with parts 21-26, this part controls.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2703. Relationship of state department of human services to United States central authority.

The department of human services of this state is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2704. Initiation by department of human services of support proceeding under Convention.

(a) In a support proceeding under this part, the department of human services of this state shall:
1. (1) Transmit and receive applications; and
2. (2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(b) The following support proceedings are available to an obligee under the Convention:
1. (1) Recognition or recognition and enforcement of a foreign support order;
2. (2) Enforcement of a support order issued or recognized in this state;
3. (3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
4. (4) Establishment of a support order if recognition of a foreign support order is refused under § 36-5-2708(b)(2), (b)(4), or (b)(9);
5. (5) Modification of a support order of a tribunal of this state; and
6. (6) Modification of a support order of a tribunal of another state or a foreign country.
(c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:
1. (1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
2. (2) Modification of a support order of a tribunal of this state; and
3. (3) Modification of a support order of a tribunal of another state or a foreign country.
(d) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.

Backlinks (1)

36-5-2708(c)(2)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2705. Direct request.

(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, §§ 36-5-2706 — 36-5-2713 apply.
(c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:
1. (1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and
2. (2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(d) A petitioner filing a direct request is not entitled to assistance from the department of human services.
(e) This part does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2706. Registration of Convention support order.

(a) Except as otherwise provided in this part, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in part 26.
(b) Notwithstanding §§ 36-5-2311 and 36-5-2602(a), a request for registration of a Convention support order must be accompanied by:
1. (1) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
2. (2) A record stating that the support order is enforceable in the issuing country;
3. (3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
4. (4) A record showing the amount of arrears, if any, and the date the amount was calculated;
5. (5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
6. (6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.
(d) A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest under § 36-5-2707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.

Backlinks (3)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2707. Contest of registered Convention support order.

(a) Except as otherwise provided in this part, §§ 36-5-2605—36-5-2608 apply to a contest of a registered Convention support order.
(b) A party contesting a registered Convention support order shall file a contest not later than thirty (30) days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty (60) days after notice of the registration.
(c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b), the order is enforceable.
(d) A contest of a registered Convention support order may be based only on grounds set forth in § 36-5-2708. The contesting party bears the burden of proof.
(e) In a contest of a registered Convention support order, a tribunal of this state:
1. (1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
2. (2) May not review the merits of the order.
(f) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.

Backlinks (2)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2708. Recognition and enforcement of registered Convention support order.

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

Backlinks (1)

36-5-2707(d)

History (2)

Acts 2010, ch. 901, § 1
2016, ch. 664, § 3.

§ 36-5-2709. Partial enforcement.

If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2710. Foreign support agreement.

(a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
1. (1) A complete text of the foreign support agreement; and
2. (2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
1. (1) Recognition and enforcement of the agreement is manifestly incompatible with public policy;
2. (2) The agreement was obtained by fraud or falsification;
3. (3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under parts 20-29 of this chapter in this state; or
4. (4) The record submitted under subsection (b) lacks authenticity or integrity.
(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2711. Modification of Convention child support order.

(a) A tribunal of this state may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
1. (1) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
2. (2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(b) If a tribunal of this state does not modify a Convention child support order because the order is not recognized in this state, § 36-5-2708(c) applies.

Backlinks (2)

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2712. Personal information — Limitation on use.

Personal information gathered or transmitted under this part may be used only for the purposes for which it was gathered or transmitted.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2713. Record in original language — English translation.

A record filed with a tribunal of this state under this part must be in the original language and, if not in English, must be accompanied by an English translation.

Backlinks (1)

36-5-2705(b)

History (1)

Acts 2010, ch. 901, § 1.

Part 28 Uniform Interstate Family Support Act — Interstate Rendition

§ 36-5-2801. Grounds for rendition.

(a) For purposes of this part, “governor” includes an individual performing the functions of governor or the executive authority of a state covered by parts 20-29 of this chapter.
(b) The governor of this state may:
1. (1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
2. (2) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent with parts 20-29 of this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2802. Conditions of rendition.

(a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty (60) days previously the obligee had initiated proceedings for support pursuant to parts 20-29 of this chapter or that the proceeding would be of no avail.
(b) If, under parts 20-29 of this chapter or a law substantially similar to parts 20-29 of this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.

History (1)

Acts 2010, ch. 901, § 1.

Part 29 Uniform Interstate Family Support Act — Miscellaneous Provisions

§ 36-5-2901. Uniformity of application and construction.

In applying and construing this uniform act, codified in parts 20-29 of this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2902. Applicability.

Parts 20-29 of this chapter apply to proceedings begun on or after March 31, 2016 to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.

History (1)

Acts 2010, ch. 901, § 1.

§ 36-5-2903. Severability.

If any provision of parts 20-29 of this chapter or their application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of parts 20-29 of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of parts 20-29 of this chapter are severable.

History (1)

Acts 2010, ch. 901, § 1.

Part 30 Intercounty Enforcement and Modification

§ 36-5-3001. Purposes and construction of part and limitation of scope of part.

(a) The purpose of this part is to provide procedures for the intercounty enforcement and modification of child support and child custody cases and shall be liberally construed to effectuate its purposes.
(b) The provisions for transfer in this part shall not apply to cases in any court regarding petitions for dependency and neglect, delinquency, unruly behavior, terminations of parental rights or adoptions pursuant to this title and title 37.
Backlinks (2)
- 36-5-3002(3)
- 36-5-3003(a)(1)

History (1)

Acts 1997, ch. 551, § 5.

§ 36-5-3002. Part definitions.

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

History (2)

Acts 1997, ch. 551, § 5
2000, ch. 922, § 30.

§ 36-5-3003. Transfer of support or custody cases.

(a)
1. (1) Except as provided in § 36-5-3001(b), a case that includes child support or custody provisions may be transferred between counties in this state without the need for any additional filing by the party seeking transfer by the filing of a request by the requesting party if:
  1. (A) The requesting party has served the nonrequesting party with the filing seeking the transfer; and
  2. (B) The nonrequesting party has not filed an objection within fifteen (15) days from the date the notice of the filing was mailed.
2. (2) If the nonrequesting party files an objection pursuant to subdivision (a)(1)(B), the objection shall be in the form of a motion for review of the request in the transferor court. If an objection has been filed, the transferor court shall determine whether there is good cause for the transfer. If the court finds good cause for the transfer, it shall transfer the case.
(b) Upon receipt of a request, the case must be transferred by the clerk of the issuing court, without order of the court, to a court of competent jurisdiction in the county where the child or children reside if each of the following applies:
1. (1) Neither the child or children, custodial parent/obligee, nor the noncustodial parent/obligor currently reside in the issuing county;
2. (2) The child or children who are subject to the support or custody order currently reside in the county to which the case is to be transferred and have resided there for at least six (6) months; and
3. (3) No objection has been filed pursuant to subdivision (a)(2).
(c) A case may also be transferred for modification of support or custody to any court of competent jurisdiction in the county in which the noncustodial parent/obligor resides in this state with no six-month residency period if both the child or children subject to the support or custody order and the custodial parent/obligee reside outside this state and the custodial parent/obligee does not object after the provision of notice pursuant to § 36-5-3004. If objection is made, or if the requesting party does not seek immediate transfer without the six (6) month residency period, the requesting party may obtain transfer for modification of the order by demonstrating that the custodial parent/obligee and the child or children have resided outside this state for at least six (6) months. A transfer pursuant to this subsection (c) shall be initiated by written request of the requesting party or department pursuant to this part.
(d) If the case has been transferred pursuant to this part, the fact that one of the parties or the child returns to the transferor county does not, by that fact alone, confer jurisdiction upon the previous transferor court. A transfer to the original issuing court requires compliance with the procedures of this part.
(e)
1. (1) “Custodial parent” for purposes of this part means the person with whom the child resides a majority of the time in a situation where there is an order of joint custody or where there exist parenting plans pursuant to chapter 6, part 4 of this title that address issues of custody.
2. (2) “Custodial parent” for purposes of this part also includes, in addition to a biological or legal parent having legal custody of a child, an individual to whom legal custody of the child or children has been given by a court of competent jurisdiction.

History (4)

Acts 1997, ch. 551, § 5
1998, ch. 1098, § 50
2000, ch. 922, § 31
2016, ch. 668, § 1.

§ 36-5-3004. Procedure to transfer case.

A case may be transferred by the clerk of the issuing court following a request by a requesting party sending the request for the transfer to the clerk of the transferor court. The request shall include the following information:
1. (1)
  1. (A) A sworn statement by the party or the department seeking transfer that, to the best of the requesting party's or the department's knowledge, neither the child or children, the custodial parent/obligee nor the noncustodial parent/obligor resides in the transferor county, and that the child or children currently reside in the transferee county and the child or children have resided in the transferee county for at least six (6) months; or
  2. (B) That the noncustodial parent/obligor resides in the county to which the case is to be transferred and that the custodial parent/obligee and the child or children reside outside this state:
    1. (i) And the requesting party seeks an immediate transfer of the case without the six-month residency period if the custodial parent/obligee does not object; or
    2. (ii) That the child or children and the custodial parent/obligee have resided outside this state for at least six (6) months;
2. (2) The issuing court's docket number of the case to be transferred;
3. (3) The name of the other party and, if known, the other party's address and social security number;
4. (4) The name of the court and address of the clerk of the court to whom the case is to be transferred;
5. (5) The name and address, if known, of the employer of the obligor if the order has been or may be subject to an income assignment;
6. (6) That the request for transfer can be contested by the nonrequesting party within fifteen (15) days of the date the notice was mailed by filing a motion for review of the request in the transferor court;
  Backlinks (1)
  
  36-5-3005(a)
7. (7) Certification by the requesting party or the department that a copy of the request with the information in subdivisions (1)-(6) has been mailed to the nonrequesting party; and
8. (8) A copy of a notice, with the address of the nonrequesting party, to be sent by the clerk of the transferor court or the department in Title IV-D child support cases to the nonrequesting party in the event that the case is transferred, which states that the case has been transferred and that all child support payments of the obligor are to be sent, as appropriate, to the clerk of the transferee court or to the department of human services, as the case may be.
  Backlinks (1)
  
  36-5-3005(a)(3)(B)

Backlinks (1)

36-5-3003(c)

History (4)

Acts 1997, ch. 551, § 5
1998, ch. 1098, § 51
2000, ch. 922, §§ 32, 33
2016, ch. 668, § 2.

§ 36-5-3005. Duties of the transferor court.

(a) If no request for contest of the request for transfer is filed within fifteen (15) days pursuant to § 36-5-3004(6), or if the contest of the transfer is denied by the transferor court, the clerk of the transferor court shall, within fifteen (15) days thereafter:
1. (1) Remove from the court file the original pleadings, orders and any other filed documents, or make certified copies of such documents;
2. (2) Prepare a certified, complete child support payment record, unless the case is being enforced by the department of human services pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), in which situation the department's child support computer system, if operative for the transferor and transferee court at the time of the transfer, shall be used as the child support payment record and the clerk shall not be required to prepare the certified child support payment record;
3. (3)
  1. (A) Mail the originals, or certified copies of the originals, of all documents and, if necessary, the certified child support payment record, to the clerk of the court of the transferee court. The computer record, if operative, shall be used as the official record of the child support obligation;
  2. (B) Mail the notice supplied pursuant to § 36-5-3004(8) to the non-requesting party. The department shall mail the notice in Title IV-D child support cases.
(b) The clerk of the transferor court shall not be required to maintain the copies of the original pleadings or other original documents in the record, but may do so if certified copies are sent.
(c) Upon receipt of the transferred documents and assignment of a docket number by the transferee court, the jurisdiction of the transferor court is terminated.

History (3)

Acts 1997, ch. 551, § 5
1998, ch. 1098, § 52
2000, ch. 922, § 34.

§ 36-5-3006. Duties and powers of transferee clerk and transferee court.

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

History (1)

Acts 1997, ch. 551, § 5.

§ 36-5-3007. Contest of transfer.

(a) A party may contest the transfer of the case by filing a motion in the transferor court for that purpose within fifteen (15) days of the mailing date of the notice from the requesting party. Unless it is shown by the nonrequesting party that notice of the request for transfer was not received, failure to contest the transfer request within the fifteen-day period waives an objection to the transfer request.
(b) The contest of the transfer shall be limited to whether:
1. (1) One (1) party or the child or children continue to reside in the transferor county;
2. (2) The child or children have resided in the transferee county for at least six (6) months; or
3. (3) In the case of a request for transfer alleging the child or children are residing outside this state:
  1. (A) The noncustodial parent/obligor resides in the county to which the case is to be transferred; or
  2. (B)
    1. (i) If the child or children have not resided outside this state for at least six (6) months, the custodial parent/obligee objects to the transfer; or
    2. (ii) The child or children and their custodial parent/obligee have resided outside this state for at least six (6) months.

History (3)

Acts 1997, ch. 551, § 5
1998, ch. 1098, §§ 53, 54
2000, ch. 922, § 35.

§ 36-5-3008. Acceptance of transfer.

The transferee court shall accept the transfer and shall not have the discretion to refuse the transfer.

History (1)

Acts 2000, ch. 922, § 36.

§ 36-5-3009. Costs and fees.

(a) When a transfer request is made by the department of human services or its contractors, the fee and all taxes shall be waived for the department or its contractors.
(b) Costs of court and for making copies and for providing certifications, fees and taxes shall be adjudged by the transferee court for both the clerks of the transferor court and the transferee court against the noncustodial parent/obligor and shall be apportioned between each clerk as to the costs, fees and taxes due for each clerk.
(c) The clerk shall file any request for transfer and carry out the requirements of this part, even without receiving the appropriate fee for such request. If not paid, such sum shall be added to the cost bill to be assessed by the transferee court.

History (5)

Acts 1997, ch. 551, § 5
1998, ch. 1098, § 55
T.C.A. § 36-5-3008
Acts 2000, ch. 922, § 36
2005, ch. 429, §§ 7, 8.

Part 31 Enforcement Without Transfer of Jurisdiction

§ 36-5-3101. Purpose and construction of part.

The purpose of this part is to provide a procedure for the enforcement of support obligations arising under the law against an obligor without a transfer of jurisdiction to modify the order. This part shall be liberally construed to effectuate its purposes.

History (1)

Acts 1997, ch. 551, § 6.

§ 36-5-3102. Part definitions.

As used in this part, unless the context otherwise clearly requires:
1. (1) “Clerk” means the clerk of the original or registering court, or the clerk of any court who has been designated by either of those courts to collect support payments for such court;
2. (2) “Court” means a juvenile, circuit, or chancery court or other court of this state with jurisdiction to enter support or custody orders;
3. (3) “Department” means the department of human services or its contractor;
4. (4) “Issuing court” means the court that entered the order sought to be enforced in the registering court;
5. (5) “Nonrequesting party” means the party against whom a registered order is sought to be enforced;
6. (6) “Obligee” means an individual or agency to whom a support obligation is owed by an obligor;
7. (7) “Obligor” means an individual against whom a support order has been entered; and
8. (8) “Registering court” means the court in which a support order is registered for enforcement only.

History (1)

Acts 1997, ch. 551, § 6.

§ 36-5-3103. Registration of order for enforcement.

(a) A support order issued by a court of this state may be registered in the county in this state where the child or children reside, for enforcement purposes only. If the case is a Title IV-D support case, at the option of the department, it may be enforced in the county of the residence of the obligor. The order may be modified in this state in a court other than the issuing court only if transferred pursuant to part 30 of this chapter. A support order issued by a court in one county may be registered in another county by the person or agency seeking only enforcement of the original order against a support obligor by sending the following documents and information to the appropriate court in the registering county:
1. (1) One (1) certified copy of all orders to be registered, including any modification of an order;
2. (2) A letter or transmittal document that includes the following information:
  1. (A) The name of the obligor, and if known:
    1. (i) The obligor's address and social security number;
    2. (ii) The name and address of the obligor's employer and any other source of income of the obligor; and
  2. (B) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be paid;
3. (3) A sworn statement by the party seeking registration or a certified statement of the clerk of the court or custodian of the records showing the amount of any arrearage being sought to be enforced unless the case is being enforced by the department of human services pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), in which situation the department's child support computer system, if operative for the transferor and transferee court at the time of the transfer, shall be used as the child support payment record and the clerk or custodian shall not be required to prepare the certified statement of the child support payment record;
4. (4) A copy of a notice, with the address of the nonrequesting party, to be sent by the clerk of the registering court or the department in Title IV-D child support cases to the nonrequesting party pursuant to § 36-5-3105, that states:
  1. (A) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a court of the registering county;
  2. (B) That a hearing to contest the validity or enforcement of the registered order must be requested to the registering court within fifteen (15) days after the date of mailing of the notice;
  3. (C) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order by operation of law, will result in enforcement of the order and the alleged arrearages, and will preclude further contest of that order with respect to any matter that could have been asserted;
  4. (D) The amount of any alleged arrearages; and
  5. (E) That, if the registered order is confirmed by operation of law or by court order, all payments made under the order shall be made to the clerk of the registering court or to the department of human services, or another clerk, as appropriate.
  Backlinks (1)
  
  36-5-3105
Backlinks (1)
- 36-5-3104(a)
(b) On receipt of a request for registration, the registering court shall cause the order to be filed, together with one (1) copy of the documents and information, regardless of their form.
(c) A petition seeking a remedy that must be affirmatively sought may be filed at the same time as the request for registration or may be filed later.
(d) All payments received by the issuing court after the order has been registered shall be sent by the clerk of the issuing court to the clerk of the registering court, or the department of human services if the clerk of the registering court is not participating in the child support enforcement system, without credit being given to the obligor by the clerk of the issuing court.

History (2)

Acts 1997, ch. 551, § 6
1998, ch. 1098, § 56.

§ 36-5-3104. Effect of registration of order.

(a) A support order issued in another county is registered for enforcement pursuant to this part when the order is filed in the registering court and the requirements of § 36-5-3103(a) are met.
(b) A registered order originally issued in another county is enforceable in the same manner and is subject to the same procedures as an order issued by a court of the registering county.
(c) Except as otherwise provided in this part, a court of the registering county shall recognize and enforce, but may not modify, a registered order.

History (1)

Acts 1997, ch. 551, § 6.

§ 36-5-3105. Notice of registration of order.

When a support order issued in another county is registered, the registering court or the department in Title IV-D child support cases shall send the notice required by § 36-5-3103(a)(4) to the nonregistering party within two (2) days of the registration.

Backlinks (1)

36-5-3103(a)(4)

History (1)

Acts 1997, ch. 551, § 6.

§ 36-5-3106. Procedure to contest validity or enforcement of registered order.

(a) A nonregistering party seeking to contest the validity or enforcement of a registered order pursuant to this part shall request a hearing within fifteen (15) days after the date of mailing of the notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages.
(b) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering court shall schedule the matter for hearing and give notice to the parties of the date, time and place of the hearing.

History (1)

Acts 1997, ch. 551, § 6.

§ 36-5-3107. Contest of registration or enforcement.

(a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
1. (1) The registered order was obtained by fraud;
2. (2) The registered order has been vacated, suspended, or modified by a later order;
3. (3) The issuing court has stayed the registered order pending appeal; or
4. (4) The statement of arrears is incorrect.
(b) If a party presents evidence establishing a full or partial defense under subsection (a), the court where the order is registered may stay enforcement of the registered order until the issues have been resolved by the court that issued the order. Any uncontested portion of the registered order may be enforced by all remedies available pursuant to law.
(c) If a contesting party does not establish a defense pursuant to subsection (a) regarding the validity or enforcement of the order, the registering court shall issue an order confirming the order. An order confirming registration of the order is not required if no contest to the registration is made.

History (1)

Acts 1997, ch. 551, § 6.

§ 36-5-3108. Effect of confirmed order.

Unless it is shown by the nonrequesting party that notice of the request for transfer was not received, confirmation of an order by operation of law or following a hearing precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

History (1)

Acts 1997, ch. 551, § 6.

§ 36-5-3109. Rights of the department of human services.

Whenever the department of human services is acting upon any application for Title IV-D services, whether by assignment of rights of support pursuant to § 71-3-124 or otherwise, it shall have the same right to invoke this part as the obligee who has made application for such services.

History (2)

Acts 1997, ch. 551, § 6
1998, ch. 1098, § 57.

§ 36-5-3110. Disbursement of collections.

In cases not subject to the centralized collection and disbursement unit pursuant to § 36-5-116, when the clerk of the court of the registering county collects the support that has been enforced by the court of the registering county pursuant to this part, the clerk shall send the support amount, less the statutory fee of the clerk, directly to the obligee, but the clerk shall not send the support amount to the issuing court from which the original order was issued and that was registered for enforcement pursuant to this part.

History (2)

Acts 1997, ch. 551, § 6
2000, ch. 922, § 37.

§ 36-5-3111. Costs.

(a) When an order is registered by the department of human services or its contractors, the fee shall be waived for the department or its contractors.
(b) The respondent shall be liable for the costs of the issuing court and the registering court together with the required filing fee, upon the court finding the respondent liable for the failure to pay the support as required by the registered order. The costs shall be apportioned between the clerks of the issuing court and the registering court according to their fees, costs and the taxes due.
(c) The clerk shall file any request for registration and carry out the requirements of this part, even without receiving the appropriate fee for such request. If not paid, such sum shall be added to the cost bill to be assessed by the registering court.

History (2)

Acts 1997, ch. 551, § 6
2005, ch. 429, §§ 9, 10.

Chapter 6 Child Custody and Visitation

Part 1 General Custody Provisions

§ 36-6-101. Decree for custody and support of child — Enforcement — Juvenile court jurisdiction — Presumption of parental fitness — Educational seminars.

(a)
1. (1) In a suit for annulment, divorce or separate maintenance, where the custody of a minor child or minor children is a question, the court may, notwithstanding a decree for annulment, divorce or separate maintenance is denied, award the care, custody and control of such child or children to either of the parties to the suit or to both parties in the instance of joint custody or shared parenting, or to some suitable person, as the welfare and interest of the child or children may demand, and the court may decree that suitable support be made by the natural parents or those who stand in the place of the natural parents by adoption. Such decree shall remain within the control of the court and be subject to such changes or modification as the exigencies of the case may require.
2. (2)
  1. (A)
    1. (i) Except as provided in this subdivision (a)(2)(A), neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody is established, but the court shall have the widest discretion to order a custody arrangement that is in the best interest of the child. Unless both parents have agreed to a custody arrangement and parenting plan, orders for custody arrangements must include written findings of fact and conclusions of law to support the basis for the order. Unless the court finds by clear and convincing evidence to the contrary, there is a presumption that joint custody is in the best interest of a minor child where the parents have agreed to joint custody or so agree in open court at a hearing for the purpose of determining the custody of the minor child. For the purpose of assisting the court in making a determination whether an award of joint custody is appropriate, the court may direct that an investigation be conducted. The burden of proof necessary to modify an order of joint custody at a subsequent proceeding shall be by a preponderance of the evidence.
    2. (ii) Unless the court finds by clear and convincing evidence to the contrary, there is a presumption that custody shall not be awarded to a parent who has been convicted of a criminal offense under title 39, chapter 13, part 5, against a child less than eighteen (18) years of age.
    3. (iii) Subdivision (a)(2)(A)(ii) shall apply only to persons who are convicted on or after July 1, 2006. Subdivision (a)(2)(A)(ii) and this subdivision (a)(2)(A)(iii) shall not be construed to prevent a parent from being granted visitation with the child; provided, however, that any visitation shall be supervised.
    4. (iv) If it is determined by the court, based upon a prior order or reliable evidence, that a parent has willfully abandoned a child for a period of eighteen (18) months, as the term is used in § 36-6-406(a)(1), then, unless the court finds by clear and convincing evidence to the contrary, the abandoning parent's residential time, as provided in the permanent or temporary parenting plan or other court order, shall be limited. This subdivision (a)(2)(A)(iv) shall not be construed to prevent such a parent from being granted limited visitation with the child. Nothing in this subdivision (a)(2)(A)(iv) shall be construed to apply to children in the legal custody of the department of children's services.
    5. (v) If prior to awarding joint legal custody, joint physical custody, or sole custody, the court finds one (1) parent is under indictment for the offense of aggravated child abuse under § 39-15-402, child sexual abuse under § 37-1-602, or severe child sexual abuse under § 36-1-113(g)(11), the court shall not award the parent under indictment any type of custody during the pendency of the indictment unless the presumption created by § 36-6-112(c)(2) is overcome; provided, however, that the court may grant the parent supervised visitation with the child. If the court finds that a parent to whom some form of custody has been ordered is indicted for one (1) of the offenses set out in this subdivision (a)(2)(A)(v), that finding shall constitute a material change in circumstance for the purpose of modifying any existing child custody orders.
  2. (B)
    1. (i) If the issue before the court is a modification of the court's prior decree pertaining to custody, the petitioner must prove by a preponderance of the evidence a material change in circumstance. A material change of circumstance does not require a showing of a substantial risk of harm to the child. A material change of circumstance may include, but is not limited to, failures to adhere to the parenting plan or an order of custody and visitation or circumstances that make the parenting plan no longer in the best interest of the child.
    2. (ii) In each contested case, the court shall make such a finding as to the reason and the facts that constitute the basis for the custody determination.
    3. (iii) Nothing contained within this subdivision (a)(2) shall interfere with the requirement that parties to an action for legal separation, annulment, absolute divorce or separate maintenance incorporate a parenting plan into the final decree or decree modifying an existing custody order.
    4. (iv) Nothing in this subsection (a) shall imply a mandatory modification to the child support order.
  3. (C) If the issue before the court is a modification of the court's prior decree pertaining to a residential parenting schedule, then the petitioner must prove by a preponderance of the evidence a material change of circumstance affecting the child's best interest. A material change of circumstance does not require a showing of a substantial risk of harm to the child. A material change of circumstance for purposes of modification of a residential parenting schedule may include, but is not limited to, significant changes in the needs of the child over time, which may include changes relating to age; significant changes in the parent's living or working condition that significantly affect parenting; failure to adhere to the parenting plan; or other circumstances making a change in the residential parenting time in the best interest of the child.
3. (3)
  1. (A) Except when the court finds it not to be in the best interests of the affected child, each order pertaining to the custody or possession of a child arising from an action for absolute divorce, divorce from bed and board or annulment shall grant to each parent the rights listed in subdivisions (a)(3)(B)(i)-(vi) during periods when the child is not in that parent's possession or shall incorporate such rights by reference to a prior order. Other orders pertaining to custody or possession of a child may contain the rights listed in subdivisions (a)(3)(B)(i)-(vi).
    Backlinks (1)
    
    36-6-110
  2. (B) The referenced rights are as follows:
    1. (i) The right to unimpeded telephone or, if available, video conference conversations with the child at least twice a week at reasonable times and for reasonable durations. The parent exercising parenting time shall furnish the other parent with a telephone number or, if available, video conferencing information where the child may be reached at the days and time specified in a parenting plan or other court order or, where days and times are not specified, at reasonable times;
    2. (ii) The right to send mail to the child which the other parent shall not destroy, deface, open or censor. The parent exercising parenting time shall deliver all letters, packages and other material sent to the child by the other parent as soon as received and shall not interfere with their delivery in any way, unless otherwise provided by law or court order;
    3. (iii) The right to receive notice and relevant information as soon as practicable but within twenty-four (24) hours of any hospitalization, major illness or injury, or death of the child. The parent exercising parenting time when such event occurs shall notify the other parent of the event and shall provide all relevant healthcare providers with the contact information for the other parent;
    4. (iv) The right to receive directly from the child's school any educational records customarily made available to parents. Upon request from one (1) parent, the parent enrolling the child in school shall provide to the other parent as soon as available each academic year the name, address, telephone number and other contact information for the school. In the case of children who are being homeschooled, the parent providing the homeschooling shall advise the other parent of this fact along with the contact information of any sponsoring entity or other entity involved in the child's education, including access to any individual student records or grades available online. The school or homeschooling entity shall be responsible, upon request, to provide to each parent records customarily made available to parents. The school may require a written request which includes a current mailing address and may further require payment of the reasonable costs of duplicating such records. These records include copies of the child's report cards, attendance records, names of teachers, class schedules, and standardized test scores;
    5. (v) Unless otherwise provided by law, the right to receive copies of the child's medical, health or other treatment records directly from the treating physician or healthcare provider. Upon request from one (1) parent, the parent who has arranged for such treatment or health care shall provide to the other parent the name, address, telephone number and other contact information of the physician or healthcare provider. The keeper of the records may require a written request including a current mailing address and may further require payment of the reasonable costs of duplicating such records. No person who receives the mailing address of a requesting parent as a result of this requirement shall provide such address to the other parent or a third person;
    6. (vi) The right to be free of unwarranted derogatory remarks made about such parent or such parent's family by the other parent to or in the presence of the child;
    7. (vii) The right to be given at least forty-eight (48) hours' notice, whenever possible, of all extracurricular school, athletic, church activities and other activities as to which parental participation or observation would be appropriate, and the opportunity to participate in or observe them. The parent who has enrolled the child in each such activity shall advise the other parent of the activity and provide contact information for the person responsible for its scheduling so that the other parent may make arrangements to participate or observe whenever possible, unless otherwise provided by law or court order;
    8. (viii) The right to receive from the other parent, in the event the other parent leaves the state with the minor child or children for more than forty-eight (48) hours, an itinerary which shall include the planned dates of departure and return, the intended destinations and mode of travel and telephone numbers. The parent traveling with the child or children shall provide this information to the other parent so as to give that parent reasonable notice; and
    9. (ix) The right to access and participation in the child's education on the same basis that are provided to all parents including the right of access to the child during lunch and other school activities; provided, that the participation or access is legal and reasonable; however, access must not interfere with the school's day-to-day operations or with the child's educational schedule.
  3. (C) Any of the foregoing rights may be denied in whole or in part to one or both parents by the court upon a showing that such denial is in the best interests of the child. Nothing herein shall be construed to prohibit the court from ordering additional rights where the facts and circumstances so require.
  4. (D) All parenting plans submitted to the court by one (1) party only shall contain the notarized signature of that party. All parenting plans submitted to the court by both parties jointly shall contain the notarized signature of both parties.
4. (4) Notwithstanding any common law presumption to the contrary, a finding under former § 36-6-106(a)(8), that child abuse, as defined in § 39-15-401 or § 39-15-402, or child sexual abuse, as defined in § 37-1-602, has occurred within the family shall give rise to a rebuttable presumption that it is detrimental to the child and not in the best interests of the child to award sole custody, joint legal or joint physical custody to the perpetrator of such abuse.
5. (5) If the issue before the court is modification of a prior decree pertaining to custody pursuant to subdivision (a)(2)(B) or a residential parenting schedule pursuant to subdivision (a)(2)(C), and the parties either announce to the court and place on the record an agreement specifying the terms of the modification, or execute a permanent parenting plan modifying a prior order of the court with respect to custody or a residential parenting schedule which is approved through entry of an agreed order, then the court is not required to inquire further and make an independent determination as to whether the modification is in the best interest of the child. An order of the court approving the agreement and stating that the modification is made by agreement of the parties satisfies the requirements of Rule 52.01 of the Tennessee Rules of Civil Procedure. The court is not required to accept an agreement of the parties modifying a permanent parenting plan, and this subdivision (a)(5) does not diminish the authority of the court to make inquiry and ensure that the modification of the permanent parenting plan is in the best interest of the child, is entered into freely and voluntarily by both parents, and is not the product of duress, coercion, or undue influence.
(b) Notwithstanding any provision of this section to the contrary, the party, or parties, or other person awarded custody and control of such child or children shall be entitled to enforce the court's decree concerning the suitable support of such child or children in the appropriate court of any county in this state in which such child or children reside; provided, that such court shall have divorce jurisdiction, if service of process is effectuated upon the obligor within this state. Jurisdiction to modify or alter such decree shall remain in the exclusive control of the court that issued such decree.
(c) Nothing in this chapter shall be construed to alter, modify or restrict the exclusive jurisdiction of the juvenile court pursuant to § 37-1-103.
(d) It is the legislative intent that the gender of the party seeking custody shall not give rise to a presumption of parental fitness or cause a presumption or constitute a factor in favor or against the award of custody to such party.
(e)
1. (1) In an action for dissolution of marriage involving minor children, or in a post-judgment proceeding involving minor children, if the court finds, on a case by case basis, that it would be in the best interest of the minor children, the court may on its own motion, or on the motion of either party, order the parties, excluding the minor children, to attend an educational seminar concerning the effects of the dissolution of marriage on the children. The program may be divided into sessions, which in the aggregate shall not exceed four (4) hours in duration. The program shall be educational in nature and not designed for individual therapy.
2. (2) 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. Fees may be waived upon motion for indigent persons.
3. (3) 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. Refusal to attend the educational session may be punished by contempt and may be considered by the court as evidence of the parent's lack of good faith in proceedings under part 4 of this chapter.

Backlinks (1)

36-5-503(a)(3)

History (28)

Code 1932, § 8454
Acts 1971, ch. 438, § 1
1973, ch. 387, § 1
1979, ch. 187, § 3
T.C.A. (orig. ed.), § 36-828
Acts 1985, ch. 382, §§ 1, 2
1987, ch. 145, § 9
1987, ch. 266, § 1
1994, ch. 818, § 1
1996, ch. 1046, § 1
1997, ch. 208, § 1
1997, ch. 351, § 1
1998, ch. 1059, § 7
1998, ch. 1095, § 1
1999, ch. 250, § 1
2000, ch. 751, § 1
2000, ch. 885, § 1
2002, ch. 616, § 1
2002, ch. 859, § 1
2003, ch. 245, § 1
2004, ch. 759, §§ 1, 2
2006, ch. 652, § 1
2006, ch. 979, § 1
2014, ch. 617, §§ 2, 3
2015, ch. 238, § 2
2020, ch. 520, § 2
2021, ch. 311, § 1
2024, ch. 711, § 1.

§ 36-6-102. Custody, visitation and inheritance rights denied to person convicted of rape, or is convicted of or pleads guilty or no contest to a lesser included offense, where child conceived from crime — Exception — Child support obligation.

(a)
1. (1) Except as provided in subsection (b), a person who has been convicted of aggravated rape pursuant to § 39-13-502, rape pursuant to § 39-13-503, rape of a child pursuant to § 39-13-522, aggravated statutory rape pursuant to § 39-13-506, or statutory rape by an authority figure pursuant to § 39-13-532, from which crime a child was conceived shall not have custody or visitation rights, or the rights of inheritance with respect to that child.
2. (2) A person who is originally charged with an offense listed in subdivision (a)(1), but is convicted of or pleads guilty or no contest to a lesser included offense, from which crime a child was conceived shall not have custody or visitation rights, or the rights of inheritance with respect to that child.
(b) The other parent of the child may waive the protection afforded under subsection (a) regarding visitation and request that the court grant reasonable visitation rights with the child if paternity has been acknowledged.
(c) Unless waived by the other parent and, if contributing toward support of the child, the department of human services, a court shall establish a child support obligation against the father of the child pursuant to chapter 5, part 1 of this title.

History (2)

Acts 2015, ch. 167, § 1
2021, ch. 164, § 1.

§ 36-6-103. Child's medical records.

(a)
1. (1) A copy of a child's medical records shall be furnished by the treating physician or treating hospital upon a written request by any of the following:
  1. (A) The noncustodial parent;
  2. (B) In the case of parents having joint custody of a child, the parent with whom the child is not residing; or
  3. (C) In the case of a child in the custody of a legal guardian, then either parent.
2. (2) Such request must contain the current address of the requesting party.
3. (3) Upon receiving such a request, the treating physician or hospital shall send a copy of the medical records to the requesting party unless furnished with a court order closing the records.
4. (4) All expenses for records shall be paid by the requesting party.
(b) Any judge having jurisdiction over the custody of such child may close the medical records of the child to the requesting parent upon a showing that the best interests of the child will be harmed if the records are released.

History (2)

Acts 1987, ch. 237, § 1
1989, ch. 381, § 1.

§ 36-6-104. Copy of child's school records — Furnishing to noncustodial or nonresident parents.

(a) Any parent who does not have custody of a child, or in the case of parents having joint custody of a child, the parent not residing with the child, or in the case of a child in the custody of a legal guardian, both parents, may request, in writing, that a copy of the child's report card, notice of school attendance, names of teachers, class schedules, standardized test scores and any other records customarily available to parents be furnished directly to such noncustodial or nonresident parent, and such request shall be accompanied by the parent's or parents' current mailing address, and the local education agency (LEA) shall send a copy of the report card, notice of school attendance, names of teachers, class schedules, standardized test scores and any other records customarily available to parents to such address.
(b) The LEA shall provide proof of a child's graduation from high school to the department of human services, the department's contractor, or either of the child's parents within twenty (20) business days of the department's, the department's contractor, or the parent's or parents' written request for such proof. The LEA shall not include any information that would violate any provisions protecting the child's privacy, or § 36-5-101(c)(2)(B)(iv).
(c) Any judge having jurisdiction over the custody of such a child may, upon a showing of good cause, deny any information concerning the residence of the child to the noncustodial or nonresident parent.

History (4)

Acts 1986, ch. 579, § 1
1987, ch. 372, §§ 1, 2
1997, ch. 351, § 2
2004, ch. 906, § 4.

§ 36-6-105. Schools or day care centers — Change in physical custody of child.

No school official shall permit a change in the physical custody of a child at such official's school or day care center unless:
1. (1) The person seeking custody of the child presents the school official with a certified copy of a valid court order from a Tennessee court placing custody of such child in such person; and
2. (2) The person seeking custody gives the school official reasonable advance notice of such person's intent to take custody of such child at such official's school or day care center.

History (1)

Acts 1992, ch. 963, § 1.

§ 36-6-106. Child custody.

(a) In a suit for annulment, divorce, separate maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, the determination shall be made on the basis of the best interest of the child. In taking into account the child’s best interest, the court shall order a custody arrangement that permits both parents to enjoy the maximum participation possible in the life of the child consistent with the factors set out in this subsection (a), the location of the residences of the parents, the child’s need for stability and all other relevant factors. The court shall consider all relevant factors, including the following, where applicable:
1. (1) The strength, nature, and stability of the child's relationship with each parent, including whether one (1) parent has performed the majority of parenting responsibilities relating to the daily needs of the child;
  Backlinks (1)
  
  36-6-404(b)
2. (2) Each parent's or caregiver's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, consistent with the best interest of the child. In determining the willingness of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, the court shall consider the likelihood of each parent and caregiver to honor and facilitate court ordered parenting arrangements and rights, and the court shall further consider any history of either parent or any caregiver denying parenting time to either parent in violation of a court order;
3. (3) Refusal to attend a court ordered parent education seminar may be considered by the court as a lack of good faith effort in these proceedings;
4. (4) The disposition of each parent to provide the child with food, clothing, medical care, education and other necessary care;
5. (5) The degree to which a parent has been the primary caregiver, defined as the parent who has taken the greater responsibility for performing parental responsibilities;
6. (6) The love, affection, and emotional ties existing between each parent and the child;
7. (7) The emotional needs and developmental level of the child;
8. (8) The moral, physical, mental and emotional fitness of each parent as it relates to their ability to parent the child. The court may order an examination of a party under Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party under § 33-3-105(3). The court order required by § 33-3-105(3) must contain a qualified protective order that limits the dissemination of confidential protected mental health information to the purpose of the litigation pending before the court and provides for the return or destruction of the confidential protected mental health information at the conclusion of the proceedings;
  Backlinks (2)
  
  36-6-101(a)(4)
  36-6-107(b)
9. (9) The child's interaction and interrelationships with siblings, other relatives and step-relatives, and mentors, as well as the child's involvement with the child's physical surroundings, school, or other significant activities;
10. (10) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;
11. (11) Evidence of physical or emotional abuse to the child, to the other parent, or to any other person, including the child's siblings. The court may, where appropriate, refer any issues of abuse to juvenile court for further proceedings;
12. (12) The character and behavior of any other person who resides in or frequents the home of a parent and such person's interactions with the child;
13. (13) The reasonable preference of the child if twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preference of older children should normally be given greater weight than those of younger children;
14. (14) Each parent's employment schedule, and the court may make accommodations consistent with those schedules;
15. (15) Any other factors deemed relevant by the court; and
16. (16) Whether a parent has failed to pay court-ordered child support for a period of three (3) years or more.
Backlinks (2)
- 36-6-108(c)(2)(H)
- 36-6-108(c)(4)
(b) Notwithstanding any law to the contrary, the court has jurisdiction to make an initial custody determination regarding a minor child or may modify a prior order of child custody upon finding that the custodial parent has been convicted of or found civilly liable for the intentional and wrongful death of the child's other parent or legal guardian.
(c) As used in this section, “caregiver” has the meaning ascribed to that term in § 37-5-501.
(d) Nothing in subsections (a) and (c) shall be construed to affect or diminish the constitutional rights of parents that may arise during and are inherent in custody proceedings.
(e) The disability of a parent alone shall not be considered for or against awarding custody to such a party unless the disability impacts the parent's ability to meet the needs of the child.
(f) If the petitioner knows whether a child has ever been adjudicated by a court as a dependent and neglected or abused child or whether any party to the action has ever been adjudicated by a court as the perpetrator of dependency and neglect or abuse of a minor child, any petition regarding child custody shall include an affirmative statement setting out all applicable adjudications. If an adjudication has occurred as a result of a child protective services investigation, the court may order the department of children's services to disclose information regarding the investigation to protect the child from abuse or neglect consistent with § 37-1-612(h). The court shall consider any such information as a factor in determining the child's best interest.
(g) As required by § 36-6-404(b), only if the limitations of § 36-6-406 are not dispositive of the child's residential schedule, then the court shall consider the factors found in subdivisions (a)(1)-(15).

History (14)

Acts 1995, ch. 428, § 2
1998, ch. 1003, § 1
1998, ch. 1095, §§ 2, 3
2000, ch. 683, § 2
2007, ch. 245, §§ 1-3
2011, ch. 433, § 1
2012, ch. 897, § 1
2013, ch. 220, § 1
2013, ch. 385, § 1
2014, ch. 617, § 4
2016, ch. 1074, § 1
2021, ch. 235, § 1
2022, ch. 671, § 1
2024, ch. 799, §§ 1, 2.

§ 36-6-107. Mediation in cases involving domestic abuse.

(a) In any proceeding concerning the custody of a child, if an order of protection issued in or recognized by this state is in effect or if there is a court finding of domestic abuse or any criminal conviction involving domestic abuse within the marriage that is the subject of the proceeding for divorce or separate support and maintenance, the court may order mediation or refer either party to mediation only if:
1. (1) Mediation is agreed to by the victim of the alleged domestic or family violence;
2. (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. (3) The victim is permitted to have in attendance at mediation a supporting person of the victim's choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a nonattorney advocate for attendance at mediation.
(b) Where the court makes findings of child abuse or child sexual abuse under former § 36-6-106(a)(8), the court may only award visitation under circumstances that guarantee the safety of the child. In order to guarantee the safety of the child, the court may order:
1. (1) That all visits be supervised by a responsible adult or agency, the costs to be primarily borne by the perpetrating parent;
2. (2) That the perpetrating parent attend and complete a program of counseling or other intervention as a precondition to visitation;
3. (3) That overnight visitation be prohibited until such time that the perpetrating parent has completed court ordered counseling or intervention, or otherwise demonstrated a change in circumstances that guarantees the safety of the child;
4. (4) That the address of the child and the nonperpetrating parent be kept confidential; and
5. (5) Any other conditions the court deems necessary and proper to guarantee the safety of the child.

History (2)

Acts 1997, ch. 350, § 2
1998, ch. 1095, § 4.

§ 36-6-108. Parental relocation.

(a) After custody or co-parenting has been established by the entry of a permanent parenting plan or final order, if a parent who is spending intervals of time with a child desires to relocate outside the state or more than fifty (50) miles from the other parent within the state, the relocating parent shall send a notice to the other parent at the other parent's last known address by registered or certified mail. Unless excused by the court for exigent circumstances, the notice shall be mailed not later than sixty (60) days prior to the move. The notice shall contain the following:
1. (1) Statement of intent to move;
2. (2) Location of proposed new residence;
3. (3) Reasons for proposed relocation; and
4. (4) Statement that absent agreement between the parents or an objection by the nonrelocating parent within thirty (30) days of the date notice is sent by registered or certified mail in accordance with this subsection (a), the relocating parent will be permitted to do so by law.
(b) Absent agreement by the parents on a new visitation schedule within thirty (30) days of the notice or upon a timely objection in response to the notice, the relocating parent shall file a petition seeking approval of the relocation. The nonrelocating parent has thirty (30) days to file a response in opposition to the petition. In the event no response in opposition is filed within thirty (30) days, the parent proposing to relocate with the child shall be permitted to do so.
(c)
1. (1) If a petition in opposition to relocation is filed, the court shall determine whether relocation is in the best interest of the minor child.
2. (2) In determining whether relocation is in the best interest of the minor child, the court shall consider the following factors:
  1. (A) The nature, quality, extent of involvement, and duration of the child's relationship with the parent proposing to relocate and with the nonrelocating parent, siblings, and other significant persons in the child's life;
  2. (B) The age, developmental stage, needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child;
  3. (C) The feasibility of preserving the relationship between the non-relocating parent and the child through suitable visitation arrangements, considering the logistics and financial circumstances of the parties;
  4. (D) The child's preference, if the child is twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preference of older children should normally be given greater weight than those of younger children;
  5. (E) Whether there is an established pattern of conduct of the relocating parent, either to promote or thwart the relationship of the child and the nonrelocating parent;
  6. (F) Whether the relocation of the child will enhance the general quality of life for both the relocating parent and the child, including, but not limited to, financial or emotional benefit or educational opportunity;
  7. (G) The reasons of each parent for seeking or opposing the relocation; and
  8. (H) Any other factor affecting the best interest of the child, including those enumerated in § 36-6-106(a).
3. (3) If, upon consideration of factors in subdivision (c)(2), the court finds that relocation is in the best interest of the minor child, the court shall modify the permanent parenting plan as needed to account for the distance between the nonrelocating parent and the relocating parent.
4. (4) If the court finds that relocation is not in the best interest of the minor child, the court shall deny the petition for approval and, utilizing the factors provided in § 36-6-106(a), enter a modified permanent parenting plan that shall become effective only if the parent proposing to relocate elects to do so despite the court's decision denying the parent's petition for approval.
(d) In fashioning a modified parenting plan under subdivisions (c)(3) and (4), the court shall consider and utilize available alternative arrangements to foster and continue the child's relationship with and access to the other parent. The court shall also assess the costs of transporting the child for visitation, and determine whether a deviation from the child support guidelines should be considered in light of all factors, including, but not limited to, additional costs incurred for transporting the child for visitation.
(e) Nothing in this section shall prohibit either parent from petitioning the court at any time to address issues other than a change of custody related to the move, including, but not limited to, visitation.
(f) Either parent in a parental relocation matter may recover reasonable attorney fees and other litigation expenses from the other parent in the discretion of the court.
(g) The procedure and best interest standard of this section shall also apply to a parent who is subject to an injunction pursuant to § 36-6-116(a)(4) or § 36-4-106(d)(1)(E).

Backlinks (2)

History (7)

Acts 1998, ch. 910, § 1
2007, ch. 187, § 7
2013, ch. 352, § 1
2014, ch. 617, §§ 5, 6
2016, ch. 734, § 2
2016, ch. 814, § 1
2018, ch. 853, §§ 1, 2.

§ 36-6-109. Notice of hearing.

If a parent or other suitable person is awarded sole or joint custody of a child by a court pursuant to this chapter; and
If such parent or person is subsequently arrested, confined or otherwise detained by law enforcement officials or a court of competent jurisdiction; and
If, as a result of the arrest, confinement or detainment of such parent or person, such child temporarily comes to the care and custody of the department of children's services or any public or private agency, institution or home providing shelter care as defined in § 37-1-102; then
1. Prior to the hearing required by § 37-1-114, such department, agency, institution or home must undertake reasonable efforts to provide adequate notice of the time, place and purpose of such hearing to any other parent or person awarded joint custody or visitation rights by the court at the time the custody of the child was initially established.

History (1)

Acts 1998, ch. 1006, § 1.

§ 36-6-110. Rights of noncustodial parents.

Except when the juvenile court or other appropriate court finds it not in the best interests of the affected child, upon petition by a noncustodial, biological parent whose parental rights have not been terminated, the court shall grant the rights set forth in § 36-6-101(a)(3)(A).

History (2)

Acts 1998, ch. 1087, § 1
2011, ch. 119, § 4.

§ 36-6-111. Stay of interlocutory or final judgment.

Notwithstanding any law to the contrary, in all actions that award, change, or affect the custody of a minor child, an interlocutory, or final judgment by any court in this state shall not be stayed after entry, unless otherwise ordered by that court and upon such terms as to bond or otherwise as it deems proper to secure the other party.

History (1)

Acts 2004, ch. 647, § 1.

§ 36-6-112. Parent alleging abuse.

(a) This section shall be known and may be cited as the “Protective Parent Reform Act.”
(b) If a parent makes a good faith allegation based on a reasonable belief supported by facts that the child is the victim of child abuse, child neglect, or the effects of domestic violence, and if that parent acts lawfully and in good faith in response to that reasonable belief to protect the child or seek treatment for the child, then that parent shall not be deprived of custody, visitation, or contact with the child, or restricted in custody, visitation, or contact, based solely on that belief or the reasonable actions taken based on that belief.
(c)
1. (1) If an allegation that a child is abused is supported by a preponderance of the evidence, then the court shall consider such evidence of abuse in determining the visitation arrangement that is in the best interest of the child, and the court shall not place a child in the custody of a parent who presents a substantial risk of harm to that child.
2. (2) A parent is presumed to present a substantial risk of harm to the child if the parent is under indictment for the offense of aggravated child abuse under § 39-15-402, child sexual abuse under § 37-1-602, or severe child sexual abuse under § 36-1-113(g)(11). The parent shall remain a risk of harm during the pendency of the indictment; provided, however, that the court may grant the parent supervised visitation with the child.
  Backlinks (1)
  
  36-6-101(a)(2)(A)(v)

History (3)

Acts 2004, ch. 781, § 1
2006, ch. 694, § 1
2015, ch. 238, § 1.

§ 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. (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. (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. (3) The custodial parent has reported the child as missing to a law enforcement agency;
4. (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. (5) The noncustodial parent has:
  1. (A) Failed to contact the custodial parent within the past forty-eight (48) hours; or
  2. (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.

History (1)

Acts 2022, ch. 767, § 2.

§ 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.

History (1)

Acts 2010, ch. 894, § 3.

§ 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. (1) Not being the subject of criminal charges or a criminal investigation for at least ninety (90) days;
2. (2) Resolving any former and pending investigations by child protective services to the satisfaction of the court; and
3. (3) Passing two (2) consecutive monthly drug screens to be paid for by the parent.

History (1)

Acts 2015, ch. 236, § 1.

§ 36-6-116. Temporary injunctions upon service of complaint other than complaint for divorce or legal separation.

(a) When a petition related to child custody is filed, other than a complaint for divorce or legal separation, and upon personal service of the complaint and summons on the respondent or upon waiver and acceptance of service by the respondent, the following temporary injunctions shall be in effect against both parties:
1. (1) An injunction restraining and enjoining both parties from voluntarily canceling, modifying, terminating, assigning, or allowing to lapse for nonpayment of premiums, any insurance policy, including, but not limited to, life and health, where such insurance policy provides coverage to a child who is the subject of the custody action, or that names either of the parties or the child as beneficiaries without the consent of the other party or an order of the court. For the purposes of this section, “modifying” includes any change in beneficiary status;
2. (2) An injunction restraining both parties from harassing, threatening, assaulting, or abusing the other and from making disparaging remarks about the other to or in the presence of any children of the parties or to either party's employer;
3. (3) An injunction restraining and enjoining both parties from hiding, destroying, or spoiling, in whole or in part, any evidence that may be relevant to the custody proceeding, whether electronically stored on computer hard drives or other memory storage devices; and
4. (4) An injunction restraining both parties from relocating any child of the parties outside this state, or more than fifty (50) miles from the other parent, without the permission of the other party or a court order pursuant to § 36-6-108, except in the case of a removal based upon a well-founded fear of physical abuse against either the fleeing parent or the child. In such case, upon request of the nonrelocating parent, the court shall conduct an expedited hearing, by telephone conference if appropriate, to determine the reasonableness of the relocation and to make such other orders as appropriate.
  Backlinks (1)
  
  36-6-108(g)
(b) To the extent that a current valid court order or parenting plan provides protections equal to or greater than those contained in the injunction, that order shall apply instead. The injunctions shall remain in effect until:
1. (1) A final order in the custody proceeding is entered;
2. (2) The petition is dismissed;
3. (3) An agreed order is entered; or
4. (4) The court modifies or dissolves the injunctions, written notice of which shall be served with the complaint.
(c) The injunctions shall be attached to the summons and the complaint and shall be served with the complaint. The injunctions shall become an order of the court upon being served; provided, however, that nothing in this section shall preclude either party from applying to the court for further temporary orders, an expanded temporary injunction, or modification or revocation of the temporary injunction.
(d) The temporary injunctions provided in this section shall only apply to the parties named in the petition and shall not apply to any third party; provided, however, that nothing in this subsection (d) shall preclude any party from applying to the court for an order of injunctive or extraordinary relief against any other party named in any petition as provided by law.

History (1)

Acts 2016, ch. 734, § 1.

Part 2 Uniform Child Custody Jurisdiction and Enforcement Act

§ 36-6-201. Short title.

This part may be cited as the “Uniform Child Custody Jurisdiction and Enforcement Act.”

History (1)

Acts 1999, ch. 389, § 2.

§ 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. (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. (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. (3) Discourage the use of the interstate system for continuing controversies over child custody;
4. (4) Deter abductions of children;
5. (5) Avoid relitigation of custody decisions of other states in this state; and
6. (6) Facilitate the enforcement of custody decrees of other states.

History (1)

Acts 1999, ch. 389, § 3.

§ 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. (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. (2) The Official Comments are inconsistent with the plain meaning of the applicable sections of this part.

History (2)

Acts 1999, ch. 389, § 4
2024, ch. 494, § 8.

§ 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.

History (1)

Acts 1999, ch. 389, § 5.

§ 36-6-205. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Abandoned” means left without provision for reasonable and necessary care or supervision;
2. (2) “Child” means an individual who has not attained eighteen (18) years of age;
3. (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. “Child custody determination” includes a permanent, temporary, initial, and modification order. “Child custody determination” does not include an order relating to child support or other monetary obligation of an individual;
4. (4) “Child custody proceeding” means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. “Child custody proceeding” includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. “Child custody proceeding” does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under part 3 of this chapter;
5. (5) “Commencement” means the filing of the first pleading in a proceeding;
6. (6) “Court” means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination;
7. (7) “Home state” means the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six (6) months of age, “home state” means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period;
8. (8) “Initial determination” means the first child custody determination concerning a particular child;
9. (9) “Issuing court” means the court that makes a child custody determination for which enforcement is sought under this part;
10. (10) “Issuing state” means the state in which a child custody determination is made;
11. (11) “Modification” means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination;
12. (12) “Person” means an individual, corporation, business, trust estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity;
13. (13) “Person acting as a parent” means a person, other than a parent, who:
  1. (A) Has physical custody of the child or has had physical custody for a period of six (6) consecutive months, including any temporary absence, within one (1) year immediately before the commencement of a child custody proceeding; and
  2. (B) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state;
14. (14) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination;
15. (15) “Physical custody” means the physical care and supervision of a child;
16. (16) “Respondent” means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination;
17. (17) “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;
18. (18) “Tribe” means an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state; and
19. (19) “Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.

Backlinks (2)

History (1)

Acts 1999, ch. 389, § 6.

§ 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.

History (1)

Acts 1999, ch. 389, § 7.

§ 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.

History (1)

Acts 1999, ch. 389, § 8.

§ 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.

History (1)

Acts 1999, ch. 389, § 9.

§ 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.

History (1)

Acts 1999, ch. 389, § 10.

§ 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.

Backlinks (1)

36-6-603

History (1)

Acts 1999, ch. 389, § 11.

§ 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.

Backlinks (5)

History (1)

Acts 1999, ch. 389, § 12.

§ 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.

Backlinks (1)

36-6-603

History (1)

Acts 1999, ch. 389, § 13.

§ 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.

History (1)

Acts 1999, ch. 389, § 14.

§ 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.

History (1)

Acts 1999, ch. 389, § 15.

§ 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. (1) Hold an evidentiary hearing;
2. (2) Order a person to produce or give evidence pursuant to procedures of that state;
3. (3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
4. (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. (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.

History (1)

Acts 1999, ch. 389, § 16.

§ 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. (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;
  Backlinks (1)
  
  36-6-218
2. (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:
  1. (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
  2. (B) Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;
3. (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. (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.

Backlinks (8)

History (1)

Acts 1999, ch. 389, § 17.

§ 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. (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. (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.

Backlinks (1)

36-6-218(1)

History (1)

Acts 1999, ch. 389, § 18.

§ 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. (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. (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.

Backlinks (7)

History (1)

Acts 1999, ch. 389, § 19.

§ 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.

Backlinks (9)

History (1)

Acts 1999, ch. 389, § 20.

§ 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.

Backlinks (1)

36-6-225(b)

History (1)

Acts 1999, ch. 389, § 21.

§ 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. (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. (2) Enjoin the parties from continuing with the proceeding for enforcement; or
3. (3) Proceed with the modification under conditions it considers appropriate.

Backlinks (3)

History (1)

Acts 1999, ch. 389, § 22.

§ 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. (1) The length of time the child has resided outside this state;
2. (2) The distance between the court in this state and the court in the state that would assume jurisdiction;
3. (3) The relative financial circumstances of the parties;
4. (4) Any agreement of the parties as to which state should assume jurisdiction;
5. (5) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
6. (6) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence;
7. (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. (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.

Backlinks (4)

History (1)

Acts 1999, ch. 389, § 23.

§ 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. (1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
2. (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. (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.

History (1)

Acts 1999, ch. 389, § 24.

§ 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. (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. (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. (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.
Backlinks (1)
- 36-6-606(b)

Backlinks (4)

History (1)

Acts 1999, ch. 389, § 25.

§ 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.

History (1)

Acts 1999, ch. 389, § 26.

§ 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.

History (1)

Acts 1999, ch. 389, § 27.

§ 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.

History (1)

Acts 1999, ch. 389, § 28.

§ 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. (1) A visitation schedule made by a court of another state; or
2. (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.

History (1)

Acts 1999, ch. 389, § 29.

§ 36-6-229. Registration of foreign decrees — Duties of registering court — Contesting validity of registered decree.

(a) A child-custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate court in this state:
1. (1) A letter or other document requesting registration;
2. (2) Two (2) copies, including one (1) certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and
3. (3) Except as otherwise provided in § 36-6-224, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child-custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the registering court shall:
1. (1) Cause the determination to be filed as a foreign judgment, together with one (1) copy of any accompanying documents and information, regardless of their form; and
2. (2) Serve notice upon the persons named pursuant to subdivision (a)(3) and provide them with an opportunity to contest the registration in accordance with this section.
(c) The notice required by subdivision (b)(2) must state that:
1. (1) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;
2. (2) A hearing to contest the validity of the registered determination must be requested within twenty (20) days after service of notice; and
3. (3) Failure to contest the registration will result in confirmation of the child-custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.
(d) A person seeking to contest the validity of a registered order must request a hearing within twenty (20) days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:
1. (1) The issuing court did not have jurisdiction under this part;
2. (2) The child-custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under this part; or
3. (3) The person contesting registration 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 registration is sought.
(e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.
(f) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

Backlinks (5)

History (1)

Acts 1999, ch. 389, § 30.

§ 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.

History (1)

Acts 1999, ch. 389, § 31.

§ 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.

History (1)

Acts 1999, ch. 389, § 32.

§ 36-6-232. Verification and contents of petition for enforcement — Order for respondent to appear.

(a) A petition under this part must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.
(b) A petition for enforcement of a child-custody determination must state:
1. (1) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;
2. (2) Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this part and, if so, identify the court, the case number, and the nature of the proceeding;
3. (3) Whether any proceeding has been commenced that could affect the current proceeding, including 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;
4. (4) The present physical address of the child and the respondent, if known;
5. (5) Whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and
6. (6) If the child custody determination has been registered and confirmed under § 36-6-229, the date and place of registration.
Backlinks (1)
- 36-6-235(b)
(c) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.
(d) An order issued under subsection (c) must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under § 36-6-236, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:
1. (1) The child-custody determination has not been registered and confirmed under § 36-6-229 and that:
  1. (A) The issuing court did not have jurisdiction under this part;
  2. (B) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under this part;
  3. (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. (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.

History (1)

Acts 1999, ch. 389, § 33.

§ 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.

History (1)

Acts 1999, ch. 389, § 34.

§ 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. (1) The child-custody determination has not been registered and confirmed under § 36-6-229 and that:
  1. (A) The issuing court did not have jurisdiction under this part;
  2. (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
  3. (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. (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.

History (1)

Acts 1999, ch. 389, § 35.

§ 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. (1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
2. (2) Direct law enforcement officers to take physical custody of the child immediately; and
3. (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.

Backlinks (1)

36-6-233

History (1)

Acts 1999, ch. 389, § 36.

§ 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.

Backlinks (2)

History (1)

Acts 1999, ch. 389, § 37.

§ 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.

History (1)

Acts 1999, ch. 389, § 38.

§ 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.

History (1)

Acts 1999, ch. 389, § 39.

§ 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. (1) An existing child-custody determination;
2. (2) A request to do so from a court in a pending child-custody proceeding;
3. (3) A reasonable belief that a criminal statute has been violated; or
4. (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.

Backlinks (3)

History (1)

Acts 1999, ch. 389, § 40.

§ 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.

Backlinks (1)

36-6-241

History (1)

Acts 1999, ch. 389, § 41.

§ 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.

History (1)

Acts 1999, ch. 389, § 42.

§ 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.

History (1)

Acts 1999, ch. 389, § 43.

§ 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.

History (1)

Acts 1999, ch. 389, § 45.

Part 3 Visitation

§ 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.

History (3)

Acts 1995, ch. 428, § 3
1996, ch. 1079, § 71
1998, ch. 1050, § 1.

§ 36-6-302. Grandparents' visitation rights upon child's removal or placement in home or facility.

(a)
1. (1)
  1. (A) If a child is removed from the custody of the child's parents, guardian or legal custodian; and
  2. (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. (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:
  1. (A) Such visitation rights would be in the best interest of the minor child;
  2. (B) The grandparents would adequately protect the child from further abuse or intimidation by the perpetrator or any other family member;
  3. (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:
    1. (i) Aggravated rape under § 39-2-603 [repealed];
    2. (ii) Rape under § 39-2-604 [repealed];
    3. (iii) Aggravated sexual battery under § 39-2-606 [repealed];
    4. (iv) Sexual battery under § 39-2-607 [repealed];
    5. (v) Assault with intent to commit rape or attempt to commit rape or sexual battery under § 39-2-608 [repealed];
    6. (vi) Crimes against nature under § 39-2-612 [repealed];
    7. (vii) Incest under § 39-4-306 [repealed];
    8. (viii) Begetting child on wife's sister under § 39-4-307 [repealed];
    9. (ix) Use of minor of obscene purposes under § 39-6-1137 [repealed]; or
    10. (x) Promotion of performance including sexual conduct by minor under § 39-6-1138 [repealed]; and
  4. (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:
    1. (i) Aggravated rape under § 39-13-502;
    2. (ii) Rape under § 39-13-503;
    3. (iii) Aggravated sexual battery under § 39-13-504;
    4. (iv) Sexual battery under § 39-13-505;
    5. (v) Criminal attempt for any of the offenses in subdivisions (a)(2)(D)(i)-(a)(2)(D)(iv) as provided in § 39-12-101;
    6. (vi) Incest under § 39-15-302;
    7. (vii) Sexual exploitation of a minor under § 39-17-1003;
    8. (viii) Aggravated sexual exploitation of a minor under § 39-17-1004; or
    9. (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.

History (9)

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.

§ 36-6-303. Visitation rights of stepparents.

(a)
1. (1) In extraordinary cases, the court is authorized to order stepparent visitation under the following circumstances: If a stepparent or former stepparent presents a petition, or a motion in a pending case to which the stepparent is a party, for visitation with the stepparent's stepchild or former stepchild to the circuit court, chancery court, general sessions court with domestic relations jurisdiction, or juvenile court of the county in which the stepchild or former stepchild resides, the court shall set the matter for hearing if such visitation is opposed by a parent or custodian or if the petitioner's visitation has been severely reduced by the parent or custodian and any of the following circumstances exist:
  1. (A) The parent of the child to whom the petitioner was married is deceased;
  2. (B) The child's parent and the petitioner are divorced or are in the process of seeking a divorce;
  3. (C) The whereabouts of the child's parent to whom the petitioner is married are unknown;
  4. (D) The court of another state has ordered the visitation between the child and the petitioner;
  5. (E) The child and petitioner maintained a significant relationship for a substantial period of time preceding severance or severe reduction of contact and the contact was severed or severely reduced by the parent or custodian for reasons other than abuse or presence of danger of substantial mental, emotional, or physical harm to the child, and severance or severe reduction of this contact is likely to cause substantial mental, emotional, or physical harm to the child; or
  6. (F) There has been an unreasonable denial of visitation by a parent or custodian and the denial has caused the child severe mental, emotional, or physical harm.
2. (2) For purposes of this section, “petitioner” includes a movant, unless the context otherwise requires.
(b)
1. (1) In considering a petition or motion for stepparent visitation, the court shall first determine the presence of a danger of substantial mental, emotional, or physical harm to the child if the requested visitation is not permitted by the court. Such finding of substantial harm may be based upon cessation or severe reduction of the contact between a minor child and the petitioner only if the court determines by a preponderance of the evidence that the child had a significant existing relationship with the petitioner, and that loss of or severe reduction in contact is likely to occasion severe mental, emotional, or physical harm to the child or presents the danger of other direct and substantial harm to the child.
2. (2) A petitioner is not required to present the testimony of an expert witness in order to establish a significant existing relationship with a child or that the loss or severe reduction of the contact is likely to cause substantial mental, emotional, or physical harm to the child.
(c) There is a rebuttable presumption that a fit parent's or custodian's actions and decisions regarding the petitioner's requested visitation are not harmful to the child's mental, emotional, or physical health. The burden is on the petitioner to prove that a parent's or custodian's actions and decisions regarding visitation will cause substantial harm to the child's mental, emotional, or physical health.
(d) Upon an initial finding of the presence of a danger of substantial mental, emotional, or physical harm to the child, the court shall then determine whether the petitioner's visitation would be in the best interest of the child based upon the factors in subsection (e). The best interest finding will only occur in extraordinary cases. Upon a determination that visitation would be in the best interest of the child, reasonable visitation may be ordered.
(e) In determining the best interests of the child under this section, the court shall consider all pertinent matters, including, but not limited to, the following:
1. (1) The length and quality of the prior relationship between the child and the petitioner and the role performed by the petitioner;
2. (2) The existing emotional ties of the child to the petitioner;
3. (3) The preference of the child if the child is determined to be of sufficient maturity to express a preference;
4. (4) The effect of hostility between the petitioner and the parent or custodian of the child manifested before the child, and the willingness of the petitioner, except in case of abuse, to encourage a close relationship between the child and the parent or custodian of the child;
5. (5) The good faith of the petitioner in filing the petition or motion;
6. (6) If one (1) parent or custodian is deceased or missing, the fact that the petitioner requesting visitation is or was the spouse of the deceased or missing parent or custodian;
7. (7) Any unreasonable deprivation of the petitioner's opportunity to visit with the child by the child's parent or custodian;
8. (8) Whether the petitioner is seeking to maintain a significant existing relationship with the child;
9. (9) Whether awarding the petitioner visitation would interfere with the parent-child relationship or the custodian-child relationship;
10. (10) The child's interactions and interrelationships with siblings, half-siblings, other relatives, and step-relatives;
11. (11) Any court finding that the child's parent or custodian is unfit; and
12. (12) Any other factors the court deems relevant.

History (5)

Acts 1981, ch. 243, § 1
T.C.A., § 36-837
§ 36-6-302
Acts 1995, ch. 428, § 3
2019, ch. 431, § 1.

§ 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.

History (1)

Acts 1996, ch. 900, § 1.

§ 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. (1) Mediation is agreed to by the victim of the alleged domestic or family violence;
2. (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. (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.

History (1)

Acts 1997, ch. 350, § 3.

§ 36-6-306. Grandparents' visitation rights.

(a) Any of the following circumstances, when presented in a petition for grandparent visitation to the circuit, chancery, general sessions courts with domestic relations jurisdiction, other courts with domestic relations jurisdiction or juvenile court in matters involving children born out of wedlock of the county in which the petitioned child currently resides, necessitates a hearing if such grandparent visitation is opposed by the custodial parent or parents or custodian or if the grandparent visitation has been severely reduced by the custodial parent or parents or custodian:
1. (1) The father or mother of an unmarried minor child is deceased;
2. (2) The child's father or mother are divorced, legally separated, or were never married to each other;
3. (3) The child's father or mother has been missing for not less than six (6) months;
4. (4) The court of another state has ordered grandparent visitation;
5. (5) The child resided in the home of the grandparent for a period of twelve (12) months or more and was subsequently removed from the home by the parent, parents, or custodian (this grandparent-grandchild relationship establishes a rebuttable presumption that denial of visitation may result in irreparable harm to the child); or
6. (6) The child and the grandparent maintained a significant existing relationship for a period of twelve (12) months or more immediately preceding severance or severe reduction of the relationship, this relationship was severed or severely reduced by the parent, parents, or custodian for reasons other than abuse or presence of a danger of substantial harm to the child, and severance or severe reduction of this relationship is likely to occasion substantial emotional harm to the child.
(b)
1. (1) In considering a petition for grandparent visitation, the court shall first determine the presence of a danger of substantial harm to the child. Such finding of substantial harm may be based upon cessation or severe reduction of the relationship between an unmarried minor child and the child's grandparent if the court determines, upon proper proof, that:
  1. (A) The child had such a significant existing relationship with the grandparent that loss or severe reduction of the relationship is likely to occasion severe emotional harm to the child;
  2. (B) The grandparent functioned as a primary caregiver such that cessation or severe reduction of the relationship could interrupt provision of the daily needs of the child and thus occasion physical or emotional harm; or
  3. (C) The child had a significant existing relationship with the grandparent and loss or severe reduction of the relationship presents the danger of other direct and substantial harm to the child.
2. (2) For purposes of this section, a grandparent shall be deemed to have a significant existing relationship with a grandchild if:
  1. (A) The child resided with the grandparent for at least six (6) consecutive months;
  2. (B) The grandparent was a full-time caretaker of the child for a period of not less than six (6) consecutive months; or
  3. (C) The grandparent had frequent visitation with the child who is the subject of the suit for a period of not less than one (1) year.
3. (3) A grandparent is not required to present the testimony or affidavit of an expert witness in order to establish a significant existing relationship with a grandchild or that the loss or severe reduction of the relationship is likely to occasion severe emotional harm to the child. Instead, the court shall consider whether the facts of the particular case would lead a reasonable person to believe that there is a significant existing relationship between the grandparent and grandchild or that the loss or severe reduction of the relationship is likely to occasion severe emotional harm to the child.
4. (4) For the purposes of this section, if the child's parent is deceased and the grandparent seeking visitation is the parent of that deceased parent, there shall be a rebuttable presumption of substantial harm to the child based upon the cessation or severe reduction of the relationship between the child and grandparent.
(c) Upon an initial finding of danger of substantial harm to the child, the court must then determine whether grandparent visitation would be in the best interests of the child based upon the factors in § 36-6-307. Upon such determination, reasonable visitation may be ordered. Reasonable visitation must constitute, at a minimum, sufficient contact to reasonably permit a strong and meaningful relationship to be established with the child.
(d)
1. (1) Notwithstanding § 36-1-121, if a relative or stepparent adopts a child, this section applies.
2. (2) If a person other than a relative or a stepparent adopts a child, any visitation rights granted pursuant to this section before the adoption of the child shall automatically end upon such adoption.
(e) Notwithstanding any law to the contrary, as used in this part, with regard to the petitioned child, the word “grandparent” includes, but is not limited to:
1. (1) A biological grandparent;
2. (2) The spouse of a biological grandparent;
3. (3) A parent of an adoptive parent; or
4. (4) A biological or adoptive great-grandparent or the spouse thereof.
(f) For purposes of this section, “severe reduction” or “severely reduced” means reduction to no contact or token visitation as defined in § 36-1-102.

Backlinks (1)

36-6-307

History (13)

Acts 1997, ch. 503, § 2
2000, ch. 891, § 1
2001, ch. 440, § 1
2003, ch. 79, § 1
2004, ch. 452, § 1
2004, ch. 691, § 1
2004, ch. 874, § 1
2007, ch. 22, § 1
2010, ch. 957, § 1
2015, ch. 247, §§ 1, 2
2016, ch. 1076, §§ 1-4
2018, ch. 734, § 1
2024, ch. 715, § 1.

§ 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. (1) The length and quality of the prior relationship between the child and the grandparent and the role performed by the grandparent;
2. (2) The existing emotional ties of the child to the grandparent;
3. (3) The preference of the child if the child is determined to be of sufficient maturity to express a preference;
4. (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. (5) The good faith of the grandparent in filing the petition;
6. (6) If the parents are divorced or separated, the time-sharing arrangement that exists between the parents with respect to the child;
7. (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. (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. (9) Whether the grandparent is seeking to maintain a significant existing relationship with the child;
10. (10) Whether awarding grandparent visitation would interfere with the parent-child relationship; and
11. (11) Any court finding that the child's parent or guardian is unfit.

Backlinks (1)

36-6-306(c)

History (3)

Acts 1997, ch. 503, § 2
2000, ch. 891, § 2
2011, ch. 500, § 1.

Part 4 Parenting Plans

§ 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.

History (3)

Acts 1997, ch. 557, § 1
1998, ch. 1098, §§ 71, 74
2000, ch. 889, § 1.

§ 36-6-402. Part definitions.

As used in this part, unless the context requires otherwise:
1. (1) “Dispute resolution” means the mediation process or alternative dispute resolution process in accordance with Tennessee Supreme Court Rule 31 unless the parties agree otherwise. For the purposes of this part, such process may include: mediation, the neutral party to be chosen by the parties or the court; arbitration, the neutral party to be chosen by the parties or the court; or a mandatory settlement conference presided over by the court or a special master;
2. (2) “Parenting responsibilities” means those aspects of the parent-child relationship in which the parent makes decisions and performs duties necessary for the care and growth of the child. “Parenting responsibilities,” the establishment of which is the objective of a permanent parenting plan, include:
  1. (A) Providing for the child's emotional care and stability, including maintaining a loving, stable, consistent, and nurturing relationship with the child and supervising the child to encourage and protect emotional, intellectual, moral, and spiritual development;
  2. (B) Providing for the child's physical care, including attending to the daily needs of the child, such as feeding, clothing, physical care, and grooming, supervision, health care, and day care, and engaging in other activities that are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;
  3. (C) Providing encouragement and protection of the child's intellectual and moral development, including attending to adequate education for the child, including remedial or other education essential to the best interests of the child;
  4. (D) Assisting the child in developing and maintaining appropriate interpersonal relationships;
  5. (E) Exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances; and
  6. (F) Providing any financial security and support of the child in addition to child support obligations;
3. (3) “Permanent parenting plan” means a written plan for the parenting and best interests of the child, including the allocation of parenting responsibilities and the establishment of a residential schedule, as well as an award of child support consistent with chapter 5 of this title;
4. (4) “Primary residential parent” means the parent with whom the child resides more than fifty percent (50%) of the time;
5. (5) “Residential schedule” is the schedule of when the child is in each parent's physical care, and the residential schedule must designate a primary residential parent when the child is scheduled to reside with one (1) parent more than fifty percent (50%) of the time; in addition, the residential schedule must 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, consistent with the criteria of this part; provided, that nothing contained herein modifies any provision of § 36-6-108; and
6. (6) “Temporary parenting plan” means a plan for the temporary parenting and the best interests of the child, including the establishment of a temporary residential schedule, and the establishment of temporary financial support designed to maintain the financial status quo to the extent possible, consistent with chapter 5 of this title, and the guidelines thereunder.

Backlinks (2)

History (3)

Acts 1997, ch. 557, § 1
2000, ch. 889, § 1
2019, ch. 83, § 1.

§ 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. (1) If the parties can agree to a temporary parenting plan, no written temporary parenting plan is required to be entered; or
2. (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.

Backlinks (1)

36-6-404(d)

History (3)

Acts 1997, ch. 557, § 1
T.C.A., § 36-6-407
Acts 2000, ch. 889, § 1.

§ 36-6-404. Permanent parenting plan.

(a) Any final decree or decree of modification in an action for absolute divorce, legal separation, annulment, or separate maintenance involving a minor child shall incorporate a permanent parenting plan; provided, however, that this part shall be inapplicable to parties who were divorced prior to July 1, 1997, and thereafter return to court to enter an agreed order modifying terms of the previous court order. A permanent parenting plan shall:
1. (1) Provide for the child's changing needs as the child grows and matures, in a way that minimizes the need for further modifications to the permanent parenting plan;
2. (2) Establish the authority and responsibilities of each parent with respect to the child, consistent with the criteria in this part;
3. (3) Minimize the child's exposure to harmful parental conflict;
4. (4) Provide for a process for dispute resolution, before court action, unless precluded or limited by § 36-6-406; provided, that state agency cases are excluded from the requirement of dispute resolution as to any child support issue involved. In the process for dispute resolution:
  1. (A) Preference shall be given to carrying out the parenting plan;
  2. (B) The parents shall use the designated process to resolve disputes relating to the implementation of the plan;
  3. (C) A written record shall be prepared of any agreement reached in mediation, arbitration, or settlement conference and shall be provided to each party to be drafted into a consent order of modification;
  4. (D) If the court finds that a parent willfully failed to appear at a scheduled dispute resolution process without good reason, the court may, upon motion, award attorney fees and financial sanctions to the prevailing parent;
  5. (E) This subsection (a) shall be set forth in the decree; and
  6. (F) Nothing in this part shall preclude court action, if required to protect the welfare of the child or a party;
5. (5) Allocate decision-making authority to one (1) or both parties regarding the child's education, health care, extracurricular activities, and religious upbringing. The parties may incorporate an agreement related to the care and growth of the child in these specified areas, or in other areas, into their plan, consistent with the criteria in this part. Regardless of the allocation of decision making in the parenting plan, the parties may agree that either parent may make emergency decisions affecting the health or safety of the child;
6. (6) Provide that each parent may make the day-to-day decisions regarding the care of the child while the child is residing with that parent;
7. (7) Provide that when mutual decision making is designated but cannot be achieved, the parties shall make a good-faith effort to resolve the issue through the appropriate dispute resolution process, subject to the exception set forth in subdivision (a)(4)(F);
8. (8) Require the obligor to report annually on a date certain to the obligee, and the department of human services or its contractor in Title IV-D cases, on a form provided by the court, the obligor's income as defined by the child support guidelines and related provisions contained in chapter 5 of this title; and
9. (9) Specify that if the driver license of a parent is currently expired, canceled, suspended or revoked or if the parent does not possess a valid driver license for any other reason, the parent shall make acceptable transportation arrangements as may be necessary to protect and ensure the health, safety and welfare of the child when such child is in the custody of such parent.
Backlinks (1)
- 36-6-403
(b) Any permanent parenting plan shall include a residential schedule as defined in § 36-6-402. The court shall make residential provisions for each child, consistent with the child's developmental level and the family's social and economic circumstances, which encourage each parent to maintain a loving, stable, and nurturing relationship with the child. The child's residential schedule shall be consistent with this part. If the limitations of § 36-6-406 are not dispositive of the child's residential schedule, the court shall consider the factors found in § 36-6-106(a)(1)–(15).
Backlinks (3)
(c) The court shall approve a permanent parenting plan as follows:
1. (1) Upon agreement of the parties:
  1. (A) With the entry of a final decree or judgment; or
  2. (B) With a consent order to modify a final decree or judgment involving a minor child;
2. (2) If the parties cannot reach agreement on a permanent parenting plan, upon the motion of either party, or upon its own motion, the court may order appropriate dispute resolution proceedings pursuant to Tennessee Rules of the Supreme Court, Rule 31, to determine a permanent parenting plan; or
3. (3) If the parties have not reached agreement on a permanent parenting plan on or before forty-five (45) days before the date set for trial, each party shall file and serve a proposed permanent parenting plan, even though the parties may continue to mediate or negotiate. Failure to comply by a party may result in the court's adoption of the plan filed by the opposing party if the court finds such plan to be in the best interests of the child. In determining whether the proposed plan is in the best interests of the child, the court may consider the allocation of residential time and support obligations contained in the child support guidelines and related provisions contained in chapter 5 of this title. Each parent submitting a proposed permanent parenting plan shall attach a verified statement of income pursuant to the child support guidelines and related provisions contained in 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.
(d) The administrative office of the courts shall develop a “parenting plan” form that shall be used consistently by each court within the state that approves parenting plans pursuant to § 36-6-403 or this section on and after July 1, 2005. The administrative office of the courts shall be responsible for distributing such form for the use of those courts no later than June 1, 2005. The administrative office of the courts shall be responsible for updating such form as it deems necessary, in consultation with the Tennessee family law commission, the domestic relations committee of the Tennessee judicial conference, and other knowledgeable persons.

History (8)

Acts 1997, ch. 557, § 1
T.C.A., § 36-6-410
Acts 2000, ch. 889, § 1
2002, ch. 677, § 1
2003, ch. 243, § 1
2004, ch. 864, § 1
2005, ch. 127, § 1
2014, ch. 617, § 7.

§ 36-6-405. Modification of permanent parenting plans.

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

History (5)

Acts 1997, ch. 557, § 1
T.C.A., § 36-6-409
Acts 2000, ch. 889, § 1
2010, ch. 956, § 1
2020, ch. 520, §§ 3, 4.

§ 36-6-406. Restrictions in temporary or permanent parenting plans.

(a) The permanent parenting plan and the mechanism for approval of the permanent parenting plan shall not utilize dispute resolution, and a parent's residential time as provided in the permanent parenting plan or temporary parenting plan shall be limited if the limitation is found to be in the best interest of the minor child and if the court determines, based upon a prior order or other reliable evidence, that a parent has engaged in any of the following conduct:
1. (1) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting responsibilities; or
  Backlinks (1)
  
  36-6-101(a)(2)(A)(iv)
2. (2) Physical or sexual abuse or a pattern of emotional abuse of the parent, child or of another person living with that child as defined in § 36-3-601.
Backlinks (5)
(b) The parent's residential time with the child shall be limited if it is determined by the court, based upon a prior order or other reliable evidence, that the parent resides with a person who has engaged in physical or sexual abuse or a pattern of emotional abuse of the parent, child or of another person living with that child as defined in § 36-3-601.
(c) If a parent has been convicted as an adult of a sexual offense under § 39-15-302, title 39, chapter 17, part 10, or §§ 39-13-501 — 39-13-511, or has been found to be a sexual offender under title 39, chapter 13, part 7, the court shall restrain the parent from contact with a child that would otherwise be allowed under this part. If a parent resides with an adult who has been convicted, or with a juvenile who has been adjudicated guilty of a sexual offense under § 39-15-302, title 39, chapter 17, part 10, or §§ 39-13-501 — 39-13-511, or who has been found to be a sexual offender under title 39, chapter 13, part 7, the court shall restrain that parent from contact with the child unless the contact occurs outside the adult's or juvenile's presence and sufficient provisions are established to protect the child.
(d) A parent's involvement or conduct may have an adverse effect on the child's best interest, and the court may preclude or limit any provisions of a parenting plan, if any of the following limiting factors are found to exist after a hearing:
1. (1) A parent's neglect or substantial nonperformance of parenting responsibilities;
2. (2) An emotional or physical impairment that interferes with the parent's performance of parenting responsibilities as defined in § 36-6-402;
3. (3) An impairment resulting from drug, alcohol, or other substance abuse that interferes with the performance of parenting responsibilities;
4. (4) The absence or substantial impairment of emotional ties between the parent and the child;
5. (5) The abusive use of conflict by the parent that creates the danger of damage to the child's psychological development;
6. (6) A parent has withheld from the other parent access to the child for a protracted period without good cause;
7. (7) A parent's criminal convictions as they relate to such parent's ability to parent or to the welfare of the child; or
8. (8) Such other factors or conduct as the court expressly finds adverse to the best interests of the child.
(e) In entering a permanent parenting plan, the court shall not draw any presumptions from the temporary parenting plan.
(f)
1. (1) In all Title IV-D child or spousal support cases in which payment of support is to be made by income assignment, or otherwise, and in all cases where payments made by income assignment based upon support orders entered on or after January 1, 1994, that are not Title IV-D support cases but must be made to the central collection and disbursement unit as provided by § 36-5-116, and, except as may otherwise be allowed by § 36-5-501(a)(2)(B), the court shall only approve a temporary or permanent parenting plan involving the payment of support that complies with the requirements for central collection and disbursement as required by § 36-5-116. Prior to approval of a parenting plan in which payments are to be made directly to the spouse or the court clerk or to some other person or entity, there shall be filed with the plan presented to the court a written certification, under oath if filed by a party, or signed by the party's counsel, stating whether the case for which the plan is to be approved is a Title IV-D support case subject to enforcement by the department of human services or is otherwise subject to collection through the department's central collection and disbursement unit established by § 36-5-116.
2. (2) Any provision of any parenting plan, agreement or court order providing for any other payment procedure contrary to the requirements of § 36-5-116, except as may otherwise be allowed by § 36-5-501(a)(2)(B), whether or not approved by the court, shall be void and of no effect. No credit for support payments shall be given by the court, the court clerk or the department of human services for child or spousal support payments required by the support order that are made in contravention of such requirements; provided, however, the department may make any necessary adjustments to the balances owed to account for changes in the Title IV-D or central collection and disbursement status of the support case.
(g) Forms used by parties as parenting plans or adopted by the court for their use shall conform to all substantive language requirements established by the administrative office of the courts at such time as parenting plan forms are promulgated and approved by that office.

Backlinks (7)

History (5)

Acts 1997, ch. 557, § 1
T.C.A., § 36-6-412
Acts 2000, ch. 889, § 1
2001, ch. 447, § 18
2020, ch. 693, § 1.

§ 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. (1) The agreement is consistent with any limitations on a parent's decision-making authority mandated by § 36-6-406;
2. (2) The agreement is knowing and voluntary; and
3. (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. (1) A limitation on the other parent's decision-making authority is mandated by § 36-6-406;
2. (2) Both parents are opposed to mutual decision making; or
3. (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. (1) The existence of a limitation under § 36-6-406;
2. (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. (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. (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.

History (6)

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
2020, ch. 520, § 5.

§ 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. (1) At least one (1) thirty-minute video on adverse childhood experiences created:
  1. (A) By the department of children's services in conjunction with the Tennessee commission on children and youth; or
  2. (B) As part of the Building Strong Brains Tennessee public awareness campaign; and
2. (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.

Backlinks (1)

36-6-409(3)

History (4)

Acts 1997, ch. 557, § 1
T.C.A., § 36-6-405
Acts 2000, ch. 889, § 1
2020, ch. 710, §§ 1, 2.

§ 36-6-409. Procedures and restrictions applicable to dispute resolution.

The following procedures and restrictions are applicable to the use of the dispute resolution process under this part:
1. (1) Each neutral party, the court, or the special master shall apply or, in the case of mediation, assist the parties to uphold as a standard for making decisions in mediation, the criteria in this part. Nothing in this part shall be construed to prevent a party from having the party's attorney present at a mediation or other dispute resolution procedure;
2. (2) The Tennessee Rules of Evidence do not apply in any mediation or alternative dispute resolution process; the neutral party may rely upon evidence submitted that reasonably prudent persons would rely upon in the conduct of their affairs;
3. (3) When dispute resolution is utilized in this chapter, it shall be preceded by a pretrial conference and the attendance by parents at the parent educational seminar set forth in § 36-6-408;
4. (4) The court shall not order a dispute resolution process, except court action, if the court:
  1. (A) Finds that any limiting factor under § 36-6-406 applies;
  2. (B) Finds that either parent is unable to afford the cost of the proposed dispute resolution process, unless such cost is waived or subsidized by the state;
  3. (C) Enters a default judgment against the defendant; or
  4. (D) Preempts such process upon motion of either party for just cause;
  Backlinks (1)
  
  36-4-131(b)(1)
5. (5) If an order of protection issued in or recognized by this state is in effect or if there is a court finding of domestic abuse or criminal conviction involving domestic abuse within the marriage that is the subject of the proceeding for divorce or separate support and maintenance, the court may order mediation or refer the parties to mediation only if:
  1. (A) Mediation is agreed to by the victim of the alleged domestic or family violence;
  2. (B) 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. (C) The victim is permitted to have in attendance at mediation a supporting person of the victim's choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a nonattorney advocate for attendance at mediation. The other party may also have in attendance at mediation a supporting person of such party's choice, including, but not limited to, an attorney or advocate;
6. (6) If a dispute resolution process is not precluded or limited, then in designating such a process the court shall consider all relevant factors, including:
  1. (A) Differences between the parents that would substantially inhibit their effective participation in any designated process;
  2. (B) The parents' wishes or agreements and, if the parents have entered into agreements, whether the agreements were made knowingly and voluntarily; and
  3. (C) The financial circumstances of the parties to pay for alternative dispute resolution processes where court sanctioned alternative dispute resolution programs are unavailable.

History (2)

Acts 2000, ch. 889, § 1
2002, ch. 651, § 7.

§ 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.

History (4)

Acts 1997, ch. 557, § 1
T.C.A., § 36-6-413
Acts 2000, ch. 889, § 1
2019, ch. 83, § 2.

§ 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. (1) Be bound in any manner by a permanent parenting plan;
2. (2) Participate in mediation or dispute resolution in relation to any permanent parenting plan; or
3. (3) Facilitate the development, modification, or presentation of any permanent or temporary parenting plan to a court.

History (4)

Acts 1997, ch. 557, § 1
T.C.A., § 36-6-403
Acts 2000, ch. 889, § 1
2006, ch. 947, §§ 1, 4.

§ 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.

History (3)

Acts 1997, ch. 557, § 1
T.C.A., § 36-6-404
Acts 2000, ch. 889, § 1.

§ 36-6-413. Funding.

(a) The costs of the mediation required by this part may be assessed as discretionary costs of the action.
(b)
1. (1) The court may direct that all or part of the cost of court-ordered mediation, education and any related services to resolve family conflict in divorce and post-divorce matters shall be paid from all available federal, state, and local funds. Eligibility for receipt of such funds will be based on a sliding scale based on a person's ability to pay.
2. (2) There is hereby imposed an additional fee of sixty-two dollars and fifty cents ($62.50) on the issuance of a marriage license; provided, however, that, in any county having a municipality defined as a premier type tourist resort pursuant to § 67-6-103(a)(3)(B) when both applicants provide the county clerk with an affidavit or valid driver license establishing that they are not Tennessee residents, or when both applicants provide the county clerk with a valid and timely certificate of completion of a premarital preparation course as provided in subdivision (b)(3), the applicants shall be exempt from payment of sixty dollars ($60.00) of this fee. The county clerk shall pay the sixty dollar ($60.00) fee to the state treasurer, which fee shall be allocated as follows:
  1. (A) Seven dollars ($7.00) to the administrative office of the courts for the specific purpose of funding the parenting plan requirements pursuant to this part, through the divorcing parent education and mediation fund, which funding includes the costs of court-ordered mediation, parenting education programs and any related services to resolve family conflict in divorce and post-divorce matters;
  2. (B) Fifteen dollars ($15.00) to the department of children's services for child abuse prevention services;
  3. (C) Seven dollars and fifty cents ($7.50) to the office of criminal justice programs for domestic violence services, which shall be in addition to the privilege tax on marriage licenses under § 67-4-505;
  4. (D) Twenty dollars and fifty cents ($20.50) to the Tennessee Disability Coalition to build the capacity of the statewide disability community to offer services to families and children with disabilities;
  5. (E) Three dollars ($3.00) to the Tennessee Court Appointed Special Advocates Association (CASA);
  6. (F) Four dollars ($4.00) to the department of education for the sole purpose of making grants to Tennessee Alliance of Boys and Girls Clubs in each grand division as selected by the commissioner of education for the purpose of defraying the expenses of such clubs implementing the “Project Learn” after-school program in the areas served by each club; and
  7. (G) Three dollars ($3.00) to the Tennessee chapter of the National Association of Social Workers for education, information, publications and capacity building efforts focused on strengthening services and referral networks to families and children.
3. (3) Funds in the divorcing parent education and mediation fund shall be used to fund the parenting plan requirements of this part, including the creation of a grant process to serve local courts utilizing any part of the parenting plan process, costs of court-ordered mediation, parenting educational programs and any related services to resolve family conflict in divorce, post-divorce, and other child custody matters.
4. (4) The clerks of court with divorce jurisdiction, or two (2) or more clerks within a county or judicial district acting jointly, may apply to the administrative office of the courts for funding to serve such court or courts.
5. (5)
  1. (A) A man and a woman who, together or separately, complete a premarital preparation course in compliance with this section shall be exempt from the sixty dollar ($60.00) fee otherwise imposed by this section. Such course shall be not less than four (4) hours each, and shall be completed no more than one (1) year prior to the date of application for a marriage license. Each individual shall verify completion of the course by filing with the application a valid certificate of completion from the course provider, on a form developed by the administrative office of the courts, which certificate shall comply with the requirements of this subdivision (b)(5).
  2. (B) The premarital preparation course may include instruction regarding:
    1. (i) Conflict management;
    2. (ii) Communication skills;
    3. (iii) Financial responsibilities;
    4. (iv) Children and parenting responsibilities; and
    5. (v) Data compiled from available information relating to problems reported by married couples that seek marital or individual counseling.
  3. (C) All individuals who participate in a premarital preparation course shall choose from the following list of qualified instructors:
    1. (i) A psychologist as defined under § 63-11-203;
    2. (ii) A clinical social worker as defined in title 63, chapter 23;
    3. (iii) A licensed marital and family therapist as defined in § 63-22-115;
    4. (iv) A clinical pastoral therapist as defined in title 63, chapter 22, part 2;
    5. (v) A professional counselor as defined in § 63-22-104;
    6. (vi) A psychological examiner as defined in § 63-11-202;
    7. (vii) An official representative of a religious institution that is recognized under § 63-22-204; or
    8. (viii) Any other instructor who meets the qualifying guidelines that may be established by the judicial district for the county in which the marriage license is issued.
  4. (D) The administrative office of the courts shall develop a certificate of completion form to be completed by providers, which shall include:
    1. (i) An attestation of the provider's compliance with the premarital preparation course requirements as set forth in this section;
    2. (ii) The course instructor's name, address, qualifications, and license number, if any, or, if an official representative of a religious institution, a statement as to relevant training;
    3. (iii) The name of the participant or participants; and
    4. (iv) The hours completed and the date of completion.
  5. (E) Each premarital preparation course provider shall furnish each participant who completes the course with a certificate of completion as required by this subdivision (b)(5).
6. (6) Any moneys collected under this section during the pilot program and not expended shall remain in the divorcing parent and mediation fund established by the state treasurer within the general fund for use by the administrative office of the courts, consistent with subdivision (b)(2)(A). No moneys collected under this section shall revert to the general fund of the state, but shall remain available exclusively as specified in this section.
7. (7) In addition to other fees authorized by this section, court clerks shall be entitled to normal copying fees, not to exceed fifty cents (50¢) per page, for providing copies of documents necessary for parenting plans.

History (8)

Acts 1997, ch. 557, § 1
T.C.A., § 36-6-414
Acts 2000, ch. 889, § 1
2002, ch. 854, § 1
2003, ch. 203, § 1
2004, ch. 951, §§ 1-3
2006, ch. 947, §§ 2, 3
2008, ch. 924, § 16.

§ 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.

History (1)

Acts 2000, ch. 889, § 1.

§ 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.

History (1)

Acts 2019, ch. 83, § 3.

Part 5 Parent Visitation

§ 36-6-501. Part definitions.

As used in this part, unless the context otherwise requires:
1. (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. (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. (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. (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. (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.

History (1)

Acts 2000, ch. 971, § 2.

§ 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.
Backlinks (1)
- 36-6-503(a)
(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).

History (2)

Acts 2000, ch. 971, § 3
2003, ch. 243, § 2.

§ 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. (1) The parent may request a hearing to contest the issue of compliance;
2. (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. (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. (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. (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.

Backlinks (2)

History (1)

Acts 2000, ch. 971, § 4.

§ 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. (1) Whether the licensee is a parent subject to an order of visitation;
2. (2) Whether the licensee is not in compliance with an order of visitation; and
3. (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.

Backlinks (1)

36-6-506(2)

History (1)

Acts 2000, ch. 971, § 5.

§ 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.

History (1)

Acts 2000, ch. 971, § 6.

§ 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. (1) Such parent does not timely request a hearing upon service of notice issued under § 36-6-503;
2. (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. (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. (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.

Backlinks (2)

History (1)

Acts 2000, ch. 971, § 7.

§ 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.

History (1)

Acts 2000, ch. 971, § 8.

§ 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. (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. (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.

Backlinks (2)

History (1)

Acts 2000, ch. 971, § 9.

§ 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.

History (1)

Acts 2000, ch. 971, § 10.

§ 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.

History (1)

Acts 2000, ch. 971, § 11.

§ 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.

Backlinks (4)

History (1)

Acts 2000, ch. 971, § 12.

Part 6 Uniform Child Abduction Prevention Act

§ 36-6-601. Short title.

This part shall be known and may be cited as the “Uniform Child Abduction Prevention Act.”

History (1)

Acts 2010, ch. 832, § 1.

§ 36-6-602. Part definitions.

In this part:
1. (1) “Abduction” means the wrongful removal or wrongful retention of a child;
2. (2) “Child” means an unemancipated individual who is less than eighteen (18) years of age;
3. (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. (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. (5) “Court” means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination;
6. (6) “Petition” includes a motion or its equivalent;
7. (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. (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. (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. (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. (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.

History (1)

Acts 2010, ch. 832, § 1.

§ 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.

History (1)

Acts 2010, ch. 832, § 1.

§ 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.

History (1)

Acts 2010, ch. 832, § 1.

§ 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.

History (1)

Acts 2010, ch. 832, § 1.

§ 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. (1) The name, date of birth, and gender of the child;
2. (2) The customary address and current physical location of the child;
3. (3) The identity, customary address, and current physical location of the respondent;
4. (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. (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. (6) Any other information required to be submitted to the court for a child-custody determination under § 36-6-224.

History (1)

Acts 2010, ch. 832, § 1.

§ 36-6-607. Factors to determine risk of abduction.

(a) In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent:
1. (1) Has previously abducted or attempted to abduct the child;
2. (2) Has threatened to abduct the child;
3. (3) Has recently engaged in activities that may indicate a planned abduction, including:
  1. (A) Abandoning employment;
  2. (B) Selling a primary residence;
  3. (C) Terminating a lease;
  4. (D) Closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting any unusual financial activities;
  5. (E) Applying for a passport or visa or obtaining travel documents for the respondent, a family member, or the child; or
  6. (F) Seeking to obtain the child's birth certificate or school or medical records;
4. (4) Has engaged in domestic violence, stalking, or child abuse or neglect;
5. (5) Has refused to follow a child-custody determination;
6. (6) Lacks strong familial, financial, emotional, or cultural ties to the state or the United States;
7. (7) Has strong familial, financial, emotional, or cultural ties to another state or country;
8. (8) Is likely to take the child to a country that:
  1. (A) Is not a party to the Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted child;
  2. (B) Is a party to the Hague Convention on the Civil Aspects of International Child Abduction but:
    1. (i) The Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country;
    2. (ii) Is noncompliant according to the most recent compliance report issued by the United States department of state; or
    3. (iii) Lacks legal mechanisms for immediately and effectively enforcing a return order under the Hague Convention on the Civil Aspects of International Child Abduction;
  3. (C) Poses a risk that the child's physical or emotional health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children;
  4. (D) Has laws or practices that would:
    1. (i) Enable the respondent, without due cause, to prevent the petitioner from contacting the child;
    2. (ii) Restrict the petitioner from freely traveling to or exiting from the country because of the petitioner's gender, nationality, marital status, or religion; or
    3. (iii) Restrict the child's ability legally to leave the country after the child reaches the age of majority because of a child's gender, nationality, or religion;
  5. (E) Is included by the United States department of state on a current list of state sponsors of terrorism;
  6. (F) Does not have an official United States diplomatic presence in the country; or
  7. (G) Is engaged in active military action or war, including a civil war, to which the child may be exposed;
9. (9) Is undergoing a change in immigration or citizenship status that would adversely affect the respondent's ability to remain in the United States legally;
10. (10) Has had an application for United States citizenship denied;
11. (11) Has forged or presented misleading or false evidence on government forms or supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a social security card, a driver's license, or other government-issued identification card or has made a misrepresentation to the United States government;
12. (12) Has used multiple names to attempt to mislead or defraud; or
13. (13) Has engaged in any other conduct the court considers relevant to the risk of abduction.
(b) In the hearing on a petition under this part, the court shall consider any evidence that the respondent believed in good faith that the respondent's conduct was necessary to avoid imminent harm to the child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the child.

Backlinks (1)

36-6-606(a)

History (1)

Acts 2010, ch. 832, § 1.

§ 36-6-608. Provisions and measures to prevent abduction.

(a) If a petition is filed under this part, the court may enter an order that must include:
1. (1) The basis for the court's exercise of jurisdiction;
2. (2) The manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding;
3. (3) A detailed description of each party's custody and visitation rights and residential arrangements for the child;
4. (4) A provision stating that a violation of the order may subject the party in violation to civil and criminal penalties; and
5. (5) Identification of the child's country of habitual residence at the time of the issuance of the order.
(b) If, at a hearing on a petition under this part or on the court's own motion, the court after reviewing the evidence finds a credible risk of abduction of the child, the court shall enter an abduction prevention order. The order must include the provisions required by subsection (a) and measures and conditions, including those in subsections (c), (d), and (e), that are reasonably calculated to prevent abduction of the child, giving due consideration to the custody and visitation rights of the parties. The court shall consider the age of the child, the potential harm to the child from an abduction, the legal and practical difficulties of returning the child to the jurisdiction if abducted, and the reasons for the potential abduction, including evidence of domestic violence, stalking, or child abuse or neglect.
(c) An abduction prevention order may include one (1) or more of the following:
1. (1) An imposition of travel restrictions that require that a party traveling with the child outside a designated geographical area provide the other party with the following:
  1. (A) The travel itinerary of the child;
  2. (B) A list of physical addresses and telephone numbers at which the child can be reached at specified times; and
  3. (C) Copies of all travel documents;
2. (2) A prohibition of the respondent directly or indirectly:
  1. (A) Removing the child from this state, the United States, or another geographic area without permission of the court or the petitioner's written consent;
  2. (B) Removing or retaining the child in violation of a child-custody determination;
  3. (C) Removing the child from school or a child-care or similar facility; or
  4. (D) Approaching the child at any location other than a site designated for supervised visitation;
3. (3) A requirement that a party register the order in another state as a prerequisite to allowing the child to travel to that state;
4. (4) With regard to the child's passport:
  1. (A) A direction that the petitioner place the child's name in the United States department of state's child passport issuance alert program;
  2. (B) A requirement that the respondent surrender to the court or the petitioner's attorney any United States or foreign passport issued in the child's name, including a passport issued in the name of both the parent and the child; and
  3. (C) A prohibition upon the respondent from applying on behalf of the child for a new or replacement passport or visa;
5. (5) As a prerequisite to exercising custody or visitation, a requirement that the respondent provide:
  1. (A) To the United States department of state office of children's issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child;
  2. (B) To the court:
    1. (i) Proof that the respondent has provided the information in subdivision (c)(5)(A); and
    2. (ii) An acknowledgment in a record from the relevant foreign consulate or embassy that no passport application has been made or passport issued on behalf of the child;
  3. (C) To the petitioner, proof of registration with the United States embassy or other United States diplomatic presence in the destination country and with the Central Authority for the Hague Convention on the Civil Aspects of International Child Abduction, if that Convention is in effect between the United States and the destination country, unless one of the parties objects; and
  4. (D) A written waiver under the Privacy Act (5 U.S.C. § 552a), with respect to any document, application, or other information pertaining to the child authorizing its disclosure to the court and the petitioner; and
6. (6) Upon the petitioner's request, a requirement that the respondent obtain an order from the relevant foreign country containing terms identical to the child-custody determination issued in the United States.
(d) In an abduction prevention order, the court may impose conditions on the exercise of custody or visitation that:
1. (1) Limit visitation or require that visitation with the child by the respondent be supervised until the court finds that supervision is no longer necessary and order the respondent to pay the costs of supervision;
2. (2) Require the respondent to post a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to pay for the reasonable expenses of recovery of the child, including reasonable attorney's fees and costs if there is an abduction; and
3. (3) Require the respondent to obtain education on the potentially harmful effects to the child from abduction.
(e) To prevent imminent abduction of a child, a court may:
1. (1) Issue a warrant to take physical custody of the child under § 36-6-609 or the law of this state other than this part;
2. (2) Direct the use of law enforcement to take any action reasonably necessary to locate the child, obtain return of the child, or enforce a custody determination under this part or the law of this state other than this part; or
3. (3) Grant any other relief allowed under the law of this state other than this part.
(f) The remedies provided in this part are cumulative and do not affect the availability of other remedies to prevent abduction.

History (1)

Acts 2010, ch. 832, § 1.

§ 36-6-609. Warrant to take physical custody of child.

(a) If a petition under this part contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.
(b) The respondent on a petition under subsection (a) must be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.
(c) An ex parte warrant under subsection (a) to take physical custody of a child must:
1. (1) Recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based;
2. (2) Direct law enforcement officers to take physical custody of the child immediately;
3. (3) State the date and time for the hearing on the petition; and
4. (4) Provide for the safe interim placement of the child pending further order of the court.
(d) If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the national crime information center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.
(e) The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody.
(f) A warrant to take physical custody of a child, issued by this state or another state, is enforceable throughout this state. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.
(g) If the court finds after a hearing that a petitioner sought an ex parte warrant under subsection (a) for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney's fees, costs, and expenses.
(h) This part does not affect the availability of relief allowed under the law of this state other than this part.

Backlinks (2)

History (1)

Acts 2010, ch. 832, § 1.

§ 36-6-610. Duration of abduction prevention order.

An abduction prevention order remains in effect until the earliest of:
1. (1) The time stated in the order;
2. (2) The emancipation of the child;
3. (3) The child's attaining eighteen (18) years of age; or
4. (4) The time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under §§ 36-6-216 — 36-6-218 and other applicable law of this state.

History (1)

Acts 2010, ch. 832, § 1.

§ 36-6-611. Uniformity of application and construction.

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.

History (1)

Acts 2010, ch. 832, § 1.

§ 36-6-612. Relation to Electronic Signatures in Global and National Commerce Act.

This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede § 101(c) of the act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices described in § 103(b) of that act (15 U.S.C. § 7003(b)).

History (1)

Acts 2010, ch. 832, § 1.

Part 7 Abrial’s Law, the Keeping Children Safe from Family Violence Act

§ 36-6-701. Short title.

This part is known and may be cited as “Abrial's Law, the Keeping Children Safe from Family Violence Act.”

History (1)

Acts 2023, ch. 266, § 1.

§ 36-6-702. Required training and continuing education for judges — Course content.

(a) All judges involved in child custody proceedings shall complete at least two (2) hours of training or continuing education courses on domestic violence or child abuse per year or ten (10) hours per five (5) years.
(b)
1. (1) The training or continuing education courses may include the following topics:
  1. (A) Child sexual abuse;
  2. (B) Physical abuse;
  3. (C) Emotional abuse;
  4. (D) Coercive control;
  5. (E) Implicit and explicit bias, including biases relating to parents with disabilities;
  6. (F) Trauma;
  7. (G) Long-term and short-term impacts of domestic violence and child abuse on children;
  8. (H) Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence; and
  9. (I) Any relevant topic addressing the best interest of the victim.
2. (2) The training required in subsection (a) must:
  1. (A) Be provided by:
    1. (i) A judge or retired judge with experience in assisting survivors of domestic violence, child abuse, or child sexual abuse; or
    2. (ii) A professional with experience in assisting survivors of domestic violence, child abuse, or child sexual abuse; and
  2. (B) Rely on evidence-based research by recognized experts in the listed topics.
(c) The training and continuing education courses may be offered in person or virtually by the administrative office of the courts in conjunction with the annual meetings of the judicial conferences in accordance with §§ 17-3-104, 17-3-203, and 37-1-504.

Backlinks (1)

36-6-703(a)

History (2)

Acts 2023, ch. 266, § 2
2024, ch. 799, § 3.

§ 36-6-703. Restrictions on reunification — Best interest of the child — Written findings required.

(a) In a custody proceeding, a court shall take into account the training as required by § 36-6-702.
(b) In a proceeding in which a court makes a custody determination, the court shall not order reunification treatment to reestablish a relationship with a parent or caregiver if a court has made findings against the parent or caregiver under § 36-6-406(a) or (c) or § 37-1-102(b)(27) unless the court finds that reunification efforts are in the best interest of the child. The court shall file written findings of fact that are the basis of its conclusions on that issue in the order addressing reunification. An order of reunification must not cut off contact with a parent who is non-abusive.
(c) In any proceeding in which a court makes an initial custody or custody modification determination after a court has made findings against a parent or caregiver under § 36-6-406(a) or (c) or § 37-1-102(b)(27), the court shall not issue an order restoring parenting time of the child to the parent or caregiver unless the court finds that the child will not be subject to further abuse or harm. The court shall file written findings of fact that are the basis of its conclusions on that issue in the order addressing parenting time.

History (1)

Acts 2024, ch. 799, § 4.

Chapter 7 Uniform Deployed Parents Custody and Visitation Act

Part 1 General Provisions

§ 36-7-101. Short title.

This chapter shall be known and may be cited as the “Uniform Deployed Parents Custody and Visitation Act.”

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-102. Chapter definitions.

In this chapter:
1. (1) “Adult” means an individual who has attained eighteen (18) years of age or is an emancipated minor;
2. (2) “Caretaking authority” means the right to live with and care for a child on a day-to-day basis. “Caretaking authority” includes physical custody, parenting time, right to access, and visitation;
3. (3) “Child” means:
  1. (A) An unemancipated individual who has not attained eighteen (18) years of age; or
  2. (B) An adult son or daughter by birth or adoption, or under law of this state other than this chapter, who is the subject of a court order concerning custodial responsibility;
4. (4) “Court” means a tribunal, including an administrative agency, authorized under law of this state other than this chapter to make, enforce, or modify a decision regarding custodial responsibility;
5. (5) “Custodial responsibility” includes all powers and duties relating to caretaking authority and decision-making authority for a child. “Custodial responsibility” includes physical custody, legal custody, parenting time, right to access, visitation, and authority to grant limited contact with a child;
6. (6)
  1. (A) “Decision-making authority” means the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel;
  2. (B) “Decision-making authority” does not include the power to make decisions that necessarily accompany a grant of caretaking authority;
7. (7) “Deploying parent” means a service member who is deployed or has been notified of impending deployment and is:
  1. (A) A parent of a child under law of this state other than this chapter; or
  2. (B) An individual who has custodial responsibility for a child under law of this state other than this chapter;
8. (8) “Deployment” means the movement or mobilization of a service member for more than thirty (30) days pursuant to uniformed service orders that:
  1. (A) Are designated as unaccompanied;
  2. (B) Do not authorize dependent travel; or
  3. (C) Otherwise do not permit the movement of family members to the location to which the service member is deployed;
9. (9) “Family member” means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child or an individual recognized to be in a familial relationship with a child under law of this state other than this chapter;
10. (10) “Limited contact” means the authority of a nonparent to visit a child for a limited time. “Limited contact” includes authority to take the child to a place other than the residence of the child;
11. (11) “Nonparent” means an individual other than a deploying parent or other parent;
12. (12) “Other parent” means an individual who, in common with a deploying parent, is:
  1. (A) A parent of a child under law of this state other than this chapter; or
  2. (B) An individual who has custodial responsibility for a child under law of this state other than this chapter;
13. (13) “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;
14. (14) “Return from deployment” means the conclusion of a service member's deployment as specified in uniformed service orders;
15. (15) “Service member” means a member of a uniformed service;
16. (16) “Sign” means with present intent to authenticate or adopt a record:
  1. (A) To execute or adopt a tangible symbol; or
  2. (B) To attach to or logically associate with the record an electronic symbol, sound, or process;
17. (17) “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; and
18. (18) “Uniformed service” means:
  1. (A) Active and reserve components of the army, navy, air force, marine corps, or coast guard of the United States;
  2. (B) The United States merchant marine;
  3. (C) The commissioned corps of the United States public health service;
  4. (D) The commissioned corps of the national oceanic and atmospheric administration of the United States; or
  5. (E) The national guard of a state.

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-103. Remedies for noncompliance.

In addition to other remedies under law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may assess reasonable attorney's fees and costs against the party and order other appropriate relief.

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-104. Jurisdiction.

(a) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, compiled in chapter 6, part 2 of this title.
(b) If a court has issued a temporary order regarding custodial responsibility pursuant to part 3 of this chapter, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act during the deployment.
(c) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents have requested to modify that order temporarily by agreement pursuant to part 2 of this chapter, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(d) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(e) This section does not prevent a court from exercising temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.

Backlinks (1)

36-7-302(b)

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-105. Notification of pending deployment — Proposed plan for custodial responsibility during deployment.

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

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-106. Duty to notify of change of address.

(a) Except as otherwise provided in subsection (b), an individual to whom custodial responsibility has been granted during deployment pursuant to part 2 or 3 of this chapter shall notify the deploying parent and any other person with custodial responsibility of a child of any change of the individual's mailing address or residence until the grant is terminated. The individual shall provide the notice to any court that has issued a custody or child support order concerning the child which is in effect.
(b) If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification under subsection (a) may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been granted.

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-107. Effect of past or future deployment on best interest considerations.

In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best interest of the child of the parent's past or possible future deployment.

History (1)

Acts 2014, ch. 798, § 1.

Part 2 Temporary custody agreements

§ 36-7-201. Form of temporary agreement during deployment.

(a) The parents of a child may enter into a temporary agreement under this part granting custodial responsibility during deployment.
(b) An agreement under subsection (a) must be:
1. (1) In writing; and
2. (2) Signed by both parents and any nonparent to whom custodial responsibility is granted.
(c) Subject to subsection (d), an agreement under subsection (a), if feasible, must:
1. (1) Identify the destination, duration, and conditions of the deployment that is the basis for the agreement;
2. (2) Specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent;
3. (3) Specify any decision-making authority that accompanies a grant of caretaking authority;
4. (4) Specify any grant of limited contact to a nonparent;
5. (5) If under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;
6. (6) Specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact;
7. (7) Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;
8. (8) Acknowledge that any party's child-support obligation cannot be modified by the agreement, and that changing the terms of the obligation during deployment requires modification in the appropriate court;
9. (9) Provide that the agreement will terminate according to the procedures under part 4 of this chapter after the deploying parent returns from deployment; and
10. (10) Specify which parent is required to file the agreement with a court of competent jurisdiction pursuant to § 36-7-205.
(d) The omission of any of the items specified in subsection (c) does not invalidate an agreement under this section.

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-202. Nature of authority created by agreement.

(a) An agreement under this part is temporary and terminates pursuant to part 4 of this chapter after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under § 36-7-203. The agreement does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom custodial responsibility is given.
(b) A nonparent who has caretaking authority, decision-making authority, or limited contact by an agreement under this part has standing to enforce the agreement until it has been terminated by court order, by modification under § 36-7-203, or under part 4 of this chapter.

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-203. Modification of agreement.

(a) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this part.
(b) If an agreement is modified under subsection (a) before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement approved by the court.
(c) If an agreement is modified under subsection (a) during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement approved by the court.

Backlinks (2)

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-204. Grant and revocation of power of attorney.

A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this part, or if a court order currently in effect prohibits contact between the child and the other parent. The deploying parent may revoke the power of attorney by signing a revocation of the power.

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-205. Filing of agreement or power of attorney with court.

An agreement or power of attorney under this part must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power of attorney and shall be binding upon the parties upon approval by the court. The case number and heading of the pending case concerning custodial responsibility or child support must be provided to the court with the agreement or power of attorney.

Backlinks (1)

36-7-201(c)(10)

History (1)

Acts 2014, ch. 798, § 1.

Part 3 Court proceedings to obtain temporary custody order

§ 36-7-301. “Close and substantial relationship” defined.

In this part, “close and substantial relationship” means a relationship in which a significant bond exists between a child and a nonparent.

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-302. Proceeding for temporary custody order.

(a) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Service Members Civil Relief Act (50 U.S.C. Appendix Sections 521 and 522), and may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(b) At any time after a deploying parent receives notice of deployment, either parent may file an action regarding custodial responsibility of a child during deployment. A motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under § 36-7-104 or, if there is no pending proceeding in a court with jurisdiction under § 36-7-104, in a new complaint for granting custodial responsibility during deployment.
Backlinks (1)
- 36-7-303

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-303. Expedited hearing.

If an action to grant custodial responsibility is filed under § 36-7-302(b) before a deploying parent deploys, the court shall conduct an expedited hearing.

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-304. Testimony by electronic means.

In a proceeding under this part, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-305. Effect of prior judicial order or agreement.

In a proceeding for a grant of custodial responsibility pursuant to this part, the following rules apply:
1. (1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this state other than this chapter for modifying a judicial order regarding custodial responsibility; and
2. (2) The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement or modification executed under part 2 of this chapter, unless the court finds that the agreement is contrary to the best interest of the child.

Backlinks (1)

36-7-310(a)

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-306. Grant of caretaking or decision-making authority to nonparent.

(a) On motion of a deploying parent and in accordance with law of this state other than this chapter, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child.
(b) Unless a grant of caretaking authority to a nonparent under subsection (a) is agreed to by the other parent, the grant is limited to an amount of time not greater than:
1. (1) The amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or
2. (2) In the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.
(c) A court may grant part of a deploying parent's decision-making authority, if the deploying parent and the other parent are both unable to exercise that authority, to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel.

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-307. Nature of authority created by temporary custody order.

(a) A grant of authority under this part is temporary and terminates under part 4 of this chapter after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted.
(b) A nonparent granted caretaking authority, decision-making authority, or limited contact under this part has standing to enforce the grant until it is terminated by court order or under part 4 of this chapter.

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-308. Content of temporary custody order.

(a) An order granting custodial responsibility under this part must:
1. (1) Designate the order as temporary; and
2. (2) Identify to the extent feasible the destination, duration, and conditions of the deployment.
(b) If applicable, an order for custodial responsibility under this part must:
1. (1) Specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent;
2. (2) If the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise;
3. (3) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications;
4. (4) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child; and
5. (5) Provide that the order will terminate pursuant to part 4 of this chapter after the deploying parent returns from deployment.

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-309. Order for child support.

If a court has issued an order granting caretaking authority under this part, or an agreement granting caretaking authority has been executed under part 2 of this chapter, the court may enter a temporary order for child support consistent with law of this state other than this chapter if the court has jurisdiction under the Uniform Interstate Family Support Act, compiled in chapter 5, parts 21-29 of this title.

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-310. Modifying or terminating grant of custodial responsibility to nonparent.

(a) Except for an order under § 36-7-305, except as otherwise provided in subsection (b), and consistent with the Service Members Civil Relief Act (50 U.S.C. Appendix Sections 521 and 522), on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this part and it is in the best interest of the child. A modification is temporary and terminates pursuant to part 4 of this chapter after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.
(b) On motion of a deploying parent, the court shall terminate a grant of limited contact.

History (1)

Acts 2014, ch. 798, § 1.

Part 4 Termination of order

§ 36-7-401. Termination of temporary order providing for modification of child custody decree.

A temporary order entered under this chapter providing for a modification of a child custody decree shall terminate at the end of the deployment and shall revert back to the previous custody order.

History (1)

Acts 2014, ch. 798, § 1.

Part 5 Applicability and construction

§ 36-7-501. Application and construction of uniform law.

In applying and construing this uniform law, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-502. Relation to Electronic Signatures in Global and National Commerce Act.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)), or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)).

History (1)

Acts 2014, ch. 798, § 1.

§ 36-7-503. Applicability of chapter.

This chapter does not affect the validity of a temporary court order concerning custodial responsibility during deployment which was entered before July 1, 2014.

History (1)

Acts 2014, ch. 798, § 1.

Chapter 8 Families' Rights and Responsibilities Act

§ 36-8-101. Short title.

This chapter is known and may be cited as the “Families' Rights and Responsibilities Act.”

History (1)

Acts 2024, ch. 1061, § 1.

§ 36-8-102. Chapter definitions.

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

History (1)

Acts 2024, ch. 1061, § 1.

§ 36-8-103. Parents' fundamental rights — Exceptions and exclusions — Mandatory disclosure to parents — Right of action against government entities.

(a) The liberty of a parent to the care, custody, and control of the parent's child, including the right to direct the upbringing, education, health care, and mental health of the child, is a fundamental right.
(b) A government entity shall not substantially burden the fundamental rights of a parent as provided under this section unless the government entity demonstrates that the burden, as applied to the parent and the child, is required by a compelling governmental interest of the highest order and is the least restrictive means of furthering that compelling governmental interest.
(c) All parental rights are exclusively reserved to a parent of a child without obstruction by or interference from a government entity, including, but not limited to, the following rights and responsibilities:
1. (1) To direct the upbringing of the child;
2. (2) To direct the moral or religious training of the child;
3. (3) To make all physical and mental healthcare decisions for the child and consent to all physical and mental health care on the child's behalf, as provided in § 63-1-173;
4. (4) To access and review all health and medical records of the child;
5. (5) To direct the education of the child, including the right to choose public, private, religious, or home schools, and the right to make reasonable choices within public schools for the education of the child;
6. (6) To access and review all educational records of the child maintained by the school, including those maintained in accordance with § 49-1-704 of the Data Accessibility, Transparency and Accountability Act and the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g);
7. (7) To have the child excused from school attendance for religious purposes;
8. (8) To participate in parent-teacher associations and school organizations that are sanctioned by the board of education of a local education agency;
9. (9) To be notified promptly if an employee of the state reasonably believes that abuse, neglect, or any criminal offense has been committed against the child by someone other than the parent, unless doing so would interfere with a criminal investigation or department of children's services investigation, or unless an employee of the state, a political subdivision of the state, a local education agency, a public charter school, or any other governmental entity is required by law to withhold such information;
10. (10) To consent before the collection, storing, or sharing of any individual biometric data, data relative to analysis of facial expressions, electroencephalogram brain wave patterns, skin conductance, galvanic skin response, heart-rate variability, pulse, blood volume, posture, and eye-tracking, as specified in §§ 49-1-706 and 49-2-211;
11. (11) To consent before any record of the child's blood or deoxyribonucleic acid (DNA) is created, stored, or shared, unless authorized by law or pursuant to a court order; and
12. (12) To consent before any government entity makes a video or voice recording of the child, unless the video or voice recording is made during or as a part of:
  1. (A) A court proceeding;
  2. (B) A law enforcement interaction;
  3. (C) A forensic interview in a criminal or department of children's services investigation;
  4. (D) The security or surveillance of buildings or grounds;
  5. (E) A photo identification card; or
  6. (F) A public event where the child has no reasonable expectation of privacy.
(d)
1. (1) This section does not authorize or allow any individual to abuse, neglect, or endanger a child as defined by § 39-15-401.
2. (2) This section does not prevent the department of children's services from conducting an investigation or otherwise carrying out its responsibilities under state law.
3. (3) This section does not apply when:
  1. (A) A parent of the minor has given blanket consent authorizing the person or entity to perform an activity listed in subsection (c);
  2. (B) A government entity or any other person reasonably relies in good faith on an individual's representations that the individual is the parent of a minor or has otherwise been granted authority to make decisions regarding a minor's care under state law;
  3. (C) A person, including a law enforcement officer, participates or assists in rendering emergency care pursuant to § 63-6-218;
  4. (D) An employee of a local education agency acts to control bleeding using a bleeding control kit pursuant to § 49-2-137; or
  5. (E) Services are provided to or information is received or maintained about a minor enrolled in an institution of higher education or a minor participating in a program for which the minor's parent has consented to the child's participation by an employee of the institution of higher education or other school official.
(e) A public employee, other than law enforcement personnel, shall not encourage or coerce a child to withhold information from the child's parent. A public employee shall not withhold from a child's parent information that is relevant to the physical, emotional, or mental health of the child unless required by law to withhold such information.
(f)
1. (1) A parent whose rights have been burdened by a government entity in violation of this section may assert that violation of this section as a claim or defense in any judicial or administrative proceeding, without regard to whether the proceeding is brought by or in the name of the state, a private person, or another party.
2. (2) A parent who prevails in a proceeding to enforce this section against a government entity may recover the following from a court of competent jurisdiction:
  1. (A) Declaratory relief;
  2. (B) Injunctive relief; and
  3. (C) Compensatory damages, including reasonable costs and attorney's fees.
(g) A person or entity that is not a parent shall not have standing to raise in any proceeding in this state the fundamental rights of a parent established in subsection (a).

History (1)

Acts 2024, ch. 1061, § 1.

§ 36-8-104. Construction of chapter.

This chapter must be construed using the following rules:
1. (1) The protections of the fundamental right of parents to the care, custody, and control of their child afforded by this chapter are in addition to the protections provided under federal law, state law, and the state constitution;
2. (2) This chapter must be construed in favor of a broad protection of the fundamental right of parents to the custody, care, and control of their children, including the right to direct the upbringing, education, health care, and mental health of their child;
3. (3) This act does not give parents a right to medical treatments for their children that have been prohibited by state law;
4. (4) State law enacted after July 1, 2024, is subject to this chapter unless the law explicitly excludes such application by reference to this chapter; and
5. (5) The enumeration of parental rights in this chapter must not be construed to abridge any additional parental rights codified or recognized under current law or to prohibit the codification or recognition of additional parental rights.

History (1)

Acts 2024, ch. 1061, § 1.