2019 Tennessee Family Law Legislative Update and Overview
- At July 04, 2019
- By Miles Mason
- In Domestic Violence, Family Law, News
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It’s that time again! New Tennessee legislation is already having a direct and substantial impact on family law cases. How might these new laws affect your case?
First, stepparent visitation just got a complete makeover. Second, the Tennessee Supreme Court has ended general objections to requests for production of documents and things. Third, parents with equal parenting time now have more parenting plan options.
Take a look at what else is new.
Post-Adoption Agreements for Contact and Visitation
Governor Lee signed Public Chapter 35 into law on March 22, 2019, effective the same day. Public Chapter 35 starts out by amending T.C.A. § 36-1-121(f) regarding final adoption orders. The court’s final order cannot require the adopting parent to allow visitation with any particular person, including the child’s birth mother, birth father, and other biological relations. Nor can the court insert the adopting parent’s conditions on adoption into the final order. Agreements for post-adoption contacts, however, are a different matter.
With a whole new subsection – T.C.A. § 36-1-145 – Public Chapter 35 amended existing Tennessee adoption law to permit written contracts between either prospective or adoptive parents, and the biological parents, and an adoptive child at least 14 years of age. The adopted teenager is a necessary party to the agreement!
Among other things, these agreements may arrange for post-adoption visitation, contact (including contact with extended family), and information sharing about the adopted child and parents. The new law spells out the requirements for such agreements to be enforceable. Among those are a writing signed by all parties, voluntariness, and specific warnings regarding the scope of these agreements. Importantly, breach of a post-adoption contract has no impact on the adoption’s validity and cannot form the basis for custody orders.
Definitional and Technical Updates to Adoption Law
Tennessee adoption law also got a good spit and polish with Public Chapter 36. Effective July 1, 2019, it amended numerous provisions with definitional and technical changes across the adoption statute. From the putative father registry to termination of parental rights and beyond.
Minimum Age for Child Marriage Revisited
A few thoughts regarding child marriages in Tennessee law. Public Chapter 93 amended T.C.A. § 36-3-106 regarding the age a minor may marry with consent of a parent, guardian, next of kin, or other person having custody. The minor must be at least 17 years of age. To consent to a child’s marriage, the parent must be named on the child’s birth certificate or be adjudicated a legal parent. (A stepparent or adult standing in loco parentis is not a “parent” for purposes of joining in the marriage application on behalf of a 17-year-old applicant.)
The new legislation harmonizes the 2018 legislation which left an opening for the 16-year-old’s marriage with consent of a custodial parent. Amended in 2018, T.C.A. § 36-3-105 made it unlawful for a clerk to issue any marriage license to someone younger than 17. For consistency, this required amending T.C.A. § 36-3-106 in 2019 in order to set the minimum age for marriage at 17 even with the proper consent.
Also effective July 1, 2019, Public Chapter 93 eliminated T.C.A. § 36-3-104(b)’s conditions precedent to the issue of a marriage license for under-aged applicants.
Criminal Violation of Restraining Orders and Orders of Protection
There is no acceptable level of domestic violence. In passing H.B. 516, the Assembly took action to further deter and punish those who violate the court’s restraining order or order of protection. Public Chapter 422 replaced the existing language of T.C.A. § 39-13-113(g), the criminal law making it a Class A misdemeanor to violate a protective order. Effective July 1, 2019, the amended law has more teeth. If convicted of violating an order of protection or restraining order – temporary or permanent – the defendant will be assessed a fine of not less than $100 and not more than $2,500.
There’s never a dull moment in the Tennessee Assembly. Proof enough that family laws are constantly changing. How these new laws influence your case will always depend upon the specific circumstances involved. Consult your lawyer whenever you have concerns.
For additional discussion of 2019 Tennessee family law Legislation:
