2024 Tennessee Family Law Legislative Update

Every year the Tennessee General Assembly passes legislation that, with the Governor’s signature, amends our existing laws and creates new ones. The 113th General Assembly was no exception.

113th General Assembly. Photo credit to John Partipilo.

Whenever you research laws for your divorce, alimony, custody, child support, or related case, always take a moment to verify that the statutory provision being relied upon is current law.

 This update focuses on 2024 legislation in 10 areas:

1. Marriage
2. Child support
3. Parentage fraud
4. Parents rights
5. Parental rights termination
6. Child custody
7. Grandparent visitation
8. Consumer protection law (of children)
9. Domestic violence, child abuse, child neglect
10. Orders of Protection

Let’s get to it!

1. MARRIAGE

Update on solemnizing marriages – T.C.A. § 36-6-301.

            What if a pastor, rabbi, priest, chaplain, or officiant refuses to solemnize a couple’s marriage? Public Chapter 511 amended T.C.A. § 36-6-301(a). A brief new subsection adds a layer of protection for those who can solemnize marriages in Tennessee. (The list is lengthy, from ministers to mayors.)

             Effective February 21, 2024, a person with legal authority to solemnize the rite of matrimony cannot be made to do so, whether due to a matter of conscience, practicality, personal conviction, or profoundly held belief. As amended, § 36-3-301(a) neither takes away from nor adds to the couple’s marital rights. They need only find another officiant who is willing to perform the ceremony.

            By way of example only, a pastor may refuse to solemnize a marriage between an opposite sex couple, same sex couple, Down syndrome couple, or extreme age disparity couple.

            Must there be good cause for refusal? The short answer is, “No.” The marriage statute is silent on whether the officiant must provide cause for why he or she has opted not to marry the couple.

Update on marriage between related persons – T.C.A. § 36-3-101.

            Do first cousins have the right to marry each other? No, not even if adopted into the family.

            Public Chapter 806 amended T.C.A. § 36-3-101 regarding prohibited marriages between lineal ancestors or descendants. Effective April 29, 2024, marriage contracts between the lineal descendants of a grandparent are prohibited.

2. CHILD SUPPORT

Update on child support law – T.C.A. § 36-1-102.

            Among other things, Public Chapter 613 amended T.C.A. § 36-1-102(1)(B) by defining token support in termination of parental rights (or guardian rights) cases. Effective July 1, 2024, token child support is understood to be insignificant support.

            How do we determine whether the amount is token support? By looking to the Tennessee Child Support Guidelines. If the amount paid, based on the parent’s income, falls below the minimum child support order under the guidelines, then the support amount paid is presumed to be a token amount. To rebut the presumption, the parent or child’s guardian has the burden of proving, by a preponderance of the evidence, that the child support paid was not a token amount.

            Child support guidelines provide predictability, but uniformity case-to-case is not an absolute. For more information, read about Changes to Tennessee Child Support Guidelines in 2020.

Update on enforcement of child support orders – T.C.A. § 36-5-715.

            Was a non-custodial parent’s commercial driver license (CDL) suspended or revoked for noncompliance with a child support order?

            Public Chapter 878 added T.C.A. § 36-5-715 to child support enforcement through license denial, revocation, or restriction. Effective July 1, 2024. The new section addresses reinstatement of the supporting parent’s CDL.

             When four conditions are met, DHS can send confirmation of “reasonable compliance” with the child support order to the Department of Safety responsible for CDL reinstatement.  Those four conditions are:

• Noncompliance with the support order was the sole basis for CDL suspension or revocation (so no DUI or traffic violation was involved).
• The supporting parent is employed and the job requires operating a commercial vehicle, such as a delivery truck or passenger bus.
• The job is reasonably expected to put the supporting parent back into compliance with the support order, and in a timely fashion.
• A wage assignment (or income withholding order) of the parent’s employment earnings will cover both the arrears and current child support amount.

            This eliminates a Catch-22 for many parents who rely on a valid CDL to earn enough money to satisfy their child support obligations. Do not wait until you are swimming in child support arrears to consult an experienced family lawyer.

            Conversations about child support often include paternity establishment. This brings us to a new law on parenting fraud.

3. PARENTAGE FRAUD

            Parentage fraud in this day and age? The best way to scientifically (not emotionally) establish paternity is with DNA genetic testing. Paternity can be established when test results show the man is likely the biological father by at least a 95% statistical probability. DNA genetic testing, therefore, is also the best way to prevent paternity fraud or parentage fraud.

Update on parentage fraud – T.C.A. § 40-20-118.

            Public Chapter 896 amended Title 40, Chapter 20 (criminal procedure, judgment and sentencing), effective July 1, 2024. Now T.C.A. § 40-20-118 requires restitution sentencing following a criminal conviction of parentage fraud (paternity fraud).

            Restitution is based on the victim’s reliance on the fraud. Unless the victim was already restored and made whole, the defendant will be ordered to pay back the value of the child support provided in reliance on the fraud.

            The amended statute also creates a civil cause of action. The fraud victim can sue for damages to recover any additional financial support he or she provided above and beyond the amount paid under court order.

            For example, through subterfuge the woman convinced the man that he was the biological father of her child knowing he was not. In reliance, he executed a Voluntary Acknowledgement of Paternity (VAP) and was ordered to pay child support. In a later criminal action, the mother is convicted of parentage fraud and ordered to pay restitution. In a separate civil action against her, the man sues to recover additional funds spent on her rent, utilities, and medical care.

4. PARENTS RIGHTS

Update on parents’ rights – T.C.A. § 36-6-101.

            Catching up with technology and the times. Public Chapter 711 (SB 2744) amended T.C.A. § 36-6-101, effective April 11, 2024.

            Along with the right to unimpeded phone conversations with their child, parents have the right to unimpeded video conferencing conversations (via co-parenting apps, Zoom, FaceTime, and the like). Scheduled video or phone conversations should be at least twice a week, at reasonable times, for reasonable durations.

            Although parenting plans are family specific, a Rights of Parents segment is typically included in the court’s custody and parenting time order. For more information about parenting plans and the rights of parents visit Parenting Plan Forms in Tennessee.

5. PARENTAL RIGHTS TERMINATION

Update on parental rights termination in cases of severe child abuse – T.C.A. § 37-1-130(c).

            Public Chapter 613 amended Title 37’s Juvenile Court proceedings – including T.C.A. § 37-1-130(c) – over parental rights termination or adoption petitions in cases of severe child abuse or neglect. Effective July 1, 2024.

            Mainly, the court shall not return a child victim of severe abuse “to the custody or residence of a person who knowingly or with gross negligence either committed severe child abuse or failed to protect the child from severe child abuse, or who cannot be excluded as a perpetrator of severe child abuse.” Parental rights may be terminated even if they did not knowingly expose their child to severe abuse or neglect or knowingly failed to protect their child from severe abuse or neglect. (To harmonize Title 36 with Title 37, § 36-1-113(g)(4) was amended with similar language.)

            This legislation followed the Supreme Court of Tennessee’s 2023 decision reversing the termination of parental rights in the severe child abuse case of In re Markus E, 671 S.W.3d 437 (Tenn. 2023). The reasoning? The record below did not show, by clear and convincing evidence, that the parents knowingly failed to protect their child.

            The Department of Children’s Services (DCS) may have less difficulty removing severely abused children. And with terminating parental rights for knowingly having caused, having been grossly negligent in their care, or not having been excluded as perpetrators in the severe child abuse that occurred.

            Could a parent still get the child back? Possibly, but that may be more challenging than before. The parent or guardian has the burden of proving, by clear and convincing evidence, that the child will be kept safe from further abuse.

6. CHILD CUSTODY

Update on child custody – T.C.A. § 36-6-106.

           Public Chapter 799 made changes to T.C.A. § 36-6-106, effective April 23, 2024. A couple of changes were made to the best interest factors and to permanent parenting plans.

           Is there evidence of abuse – physical or emotional – to a child, parent, child’s sibling, or other person? Where appropriate, the court may refer abuse issues to the juvenile court for further proceedings. (See § 36-6-106(a)(11) as amended.)

           Regarding permanent parenting plans set forth in T.C.A. § 36-6-406, when must the court consider the best interest factors in § 36-6-106(a)(1-15)? A new subsection § 36-6-106(g) resolved that issue. In a child custody case, a permanent parenting plan includes residential schedules for each child. In the event the child’s residential schedule remains inchoate, the court must consider factors § 36-6-106(a)(1-15). (The court does not consider nonpayment of child support – factor (a)(16).)

7. GRANDPARENT VISITATION

Update on grandparent visitation – T.C.A. § 36-6-306(c).

            Public Chapter 715 amended T.C.A. § 36-6-306(c) to clarify what is meant by reasonable grandparent visitation. Effective April 11, 2024, the amended statute applies to petitions filed on or after that date.

            When the court finds reasonable grandparent visitation is indeed in the child’s best interest, the visitation “must constitute, at a minimum, sufficient contact to reasonably permit a strong and meaningful relationship to be established with the child.” Stated otherwise, court-ordered grandparent visitation should not be pro forma or perfunctory.

           Procedurally, what if the court (Step 1) hears the grandparent visitation petition, (Step 2) determines a danger of substantial harm to the child exists if the visitation is restricted or stopped, (Step 3) finds a significant relationship exists between grandparent and grandchild, and (Step 4) finds grandparent visitation is in the child’s best interest? The final step is creating a reasonable visitation plan.

           At the outset of court proceedings, the established grandparent-grandchild relationship may have been strong and meaningful. When everything goes swimmingly, they pick-up where they left off.

           But what if their relationship suffered while court proceedings were ongoing? There may have been restricted contact, passage of time, or refused access. Section 36-6-306(c) instructs the court to order visitation that establishes – and presumably re-establishes – a strong and meaningful relationship.

8. CONSUMER PROTECTION LAW (OF CHILDREN)

Update on new consumer protection law – Protecting Children from Social Media Act – T.C.A. §47-18-5701.

            Would a 13-year-old create a social media account without parents’ knowledge? Facebook? TikTok? X? Breathe a collective sigh of relief because parental consent is required. And, yes, parents have supervisory tools.

            Public Chapter 899 created a new consumer protection law – Protecting Children from Social Media Act – effective January 1, 2025. (See T.C.A. § 47-18-5701, et seq.) Social media companies no longer have carte blanche over the accounts and profiles of minors in Tennessee.

            With prohibited practices by social media companies in place, caregivers and parents have greater control (and refusal authority) over a child’s social media account holder status.

            Here are some of the protections imposed on social media companies operating in Tennessee. For holders of accounts on or after January 1, 2025:

• Express parental consent is required before a minor (age verification is also required) can become an account holder. 47-18-5703.
• Parents can revoke their consent.
• Social media companies cannot retain personally identifying information (PII) regarding parental consent and child age verification cannot be retained.
• Parents must be provided the means to supervise their child’s account, to view privacy settings, set daily time restrictions, and implement breaks during which the minor cannot access the account. 47-18-5704.
• Consumer protections and requirements of this act cannot be waived or limited. 47-18-5706.

           Did a violation of the act occur? The Office of the Attorney General has enforcement authority to investigate and proceed with legal action to recover penalties and other relief, including restraining orders or injunctions. § 47-18-5705.

9. DOMESTIC VIOLENCE, CHILD ABUSE, CHILD NEGLECT

Update on dependency and neglect proceedings – T.C.A. § 37-1-102.

            Public Chapter 862 amended T.C.A. § 37-1-102(b)(13) in one important procedural way. In juvenile court proceedings a dependent and neglected child is, by definition, one who is so “at the time of the filing of the petition.” For instance, the child is without a parent, guardian, or legal custodian. (See § 37-1-102(b)(13)(A).) Effective July 1, 2024, this definition applies to juvenile court proceedings on or after that date.

            Prior to this amendment, a finding of dependency and neglect occurred, if at all, in the full hearing (an adjudicatory hearing) calendared after the preliminary hearing on the petition.

            Consider an application of this single procedural change. What if parents were noncompliant with mandatory drug screening as a DCS condition of keeping their child? The old procedure allowed them a brief window of opportunity to rectify their behavior and resume compliance before the full hearing. The 2024 amendment closed that window.

            This procedural change could significantly impact your case. Talk to an attorney.

Update on Abrial’s Law and parent-child reunification – T.C.A. § 36-6-702.

           Public Chapter 799 amended T.C.A. § 36-6-702 and added § 36-6-703 to Abrial’s Law, the Keeping Children Safe from Family Violence Act. Effective April 23, 2024.

           Abrial’s Law requires that judges involved in child custody cases receive continuing judicial education and training on numerous child abuse and domestic violence topics. Among those topics are trauma, coercive control, sexual abuse, and cycle of violence behavioral dynamics.

           The amended § 36-6-702(b)(2) specifies who can provide that training – namely judges (active or retired) and professionals with experience assisting survivors of child abuse and domestic violence in its many forms. Furthermore, the nature and source of the training information must “rely on evidence-based research by recognized experts.”

           Section 36-6-703 requires additional findings be made by the court in certain cases involving abuse before it can order reunification treatment (used to reestablish the parent-child relationship).

           When are additional findings required? When the parent or caregiver:

• Willfully abandoned the child;
• Substantially refused to perform parenting duties;
• Physically, sexually, or emotionally abused the child, a parent, or a person living with the child; or
• Was convicted of a sexual offense. (See 36-6-406(a) and (c).)

           The court cannot order reunification treatment without first making written findings of fact specifically supporting its conclusion that reunification treatment is in the best interest of the child. Importantly, the court’s reunification order cannot cut-off the child’s contact with the non-abusive parent.

           Did the court find against the parent or caregiver? A specific finding that “the child will not be subject to further abuse or harm” must be made before parenting time is determined or restored. This applies in child custody proceedings to initiate or modify custody orders.

Update on The Debbie and Marie Domestic Violence Protection Act – T.C.A. § 40-11-150.

            Public Chapter 1033 enacted The Debbie and Marie Domestic Violence Protection Act, effective July 1, 2024. Among other things, this law provides an additional safety measure to protect victims of domestic violence or aggravated domestic assault from further harm.

            The law is probably best understood by the story of the victims it is named for. Marie Varsos and her mother Debbie Sisco were murdered in 2021 by Marie’s estranged husband Shaun Varsos. Shaun had been arrested on felony domestic assault charges. When the homicides occurred, Shaun was out on bond. However, GPS monitoring had not been made a condition of his release.

            To protect the victim, the court has authority to condition the defendant’s release on bail. In addition to a restraining order:

• The defendant can be ordered to wear a GPS monitoring device to track his or her location at all times. With felony domestic assault, GPS monitoring is required.
• The GPS monitoring service must notify law enforcement when the defendant is within proximity of the victim’s location.
• The victim is given a cellular device to receive notice when the defendant is in the vicinity or within proximity of the device.
• The defendant is responsible for paying the associated costs of GPS monitoring.

            This tool can warn victims while there is still precious time to flee and escape further violence.

            And last, but not least.

10. ORDERS OF PROTECTION

Update on lifetime orders of protection – T.C.A. § 36-3-627.

            Most protective orders are for a fixed period of time not to exceed one year in duration (see T.C.A. § 36-3-608). In some cases, domestic violence victims are able to obtain lifetime orders of protection against convicted offenders of certain offenses.

            Public Chapter 632 amended T.C.A. § 36-3-627(a)(1) by expanding the list of offenses within the purview of the lifetime order of protection statute. Effective April 2, 2024.

            Adding to Title 39, Chapter 13 felony offenses against the person (assault, criminal homicide, kidnapping, false imprisonment, sex offenses), the domestic violence victim is eligible to petition for a lifetime order of protection if he or she suffered felony harassment, aggravated stalking, or especially aggravated stalking.

            Especially aggravated stalking means the defendant was convicted of stalking within seven years of the instant offense or made a credible threat to the victim – or the victim’s child, sibling, spouse, parent, or dependents – with intent to invoke reasonable fear of death or bodily injury. (See § 39-17-315(c) or (d).)

That should give you something to chew on. Stay tuned as we continue tracking family law legislation through 2025 and the 114th General Assembly.