Tennessee Family Law LegislationThere are several bills coming out of the 2015 session of the 109th General Assembly awaiting Governor Haslam’s signature which include some important revisions to the existing child custody and support laws in Tennessee.

Many of the proposed changes to existing law will serve to better protect vulnerable children from being placed in environments that would not be in their best interests. Some of the changes seem like common sense; for example, do we really need a law forbidding parents who have sexually abused children from getting custody of the kids? The same issue applies to parents who are dealing with drug abuse. Can they be trusted to nurture, support and protect their children in a home where they are also abusing illegal drugs?

We want you to have the knowledge you need to make informed decisions about your children’s safety and security after a divorce, so we have created a quick summary for your review. Some of the changes to existing law that have moved through the Tennessee legislature and have been submitted to the governor for his signature include:

  • HB 0308 Child Custody and Support. “As introduced, specifies that it is grounds for the termination of parental rights that the parent or guardian is convicted on or after July 1, 2015, of the offense of sex trafficking of children under federal law, or under the law of another state.” (Amends TCA Section 36-1-113) This is a law that would terminate the parental rights of those who engage in the practice of the sex trafficking of children. How could a child be safe in a home where there parents are selling other people’s children?
  • HB 0218 Child Custody and Support. “As introduced, prohibits the court from awarding any form of custody to a parent who is charged with or indicted for aggravated child abuse, sexual abuse of a child, or severe child sexual abuse while the charge or indictment is still pending.” (Amends TCA Section 36-6-1) While no judge would ever knowingly place a child in the custody of an abuser, this law could affect custody hearings where one parent has accused another and the charge is not yet final. This added safety precaution should protect children more fully, though it will add additional challenges for parents or guardians who have been wrongfully accused.
  • SB 0101 Child Custody and Support. “As introduced, authorizes and establishes certain procedures regarding the right to reach a written compromise and settlement to forgive accrued principal and interest on delinquent child support owed with approval of the obligee.” (Amends TCA Section 36-5-1). This law gives parents more freedom in how they agree to terms. If Parent A should decide to forgive back child support payments – perhaps because Parent B has recently lost a job, or for any altruistic reason ­ this new amendment will allow for their written agreement/
  • HB 0811 Child Custody and Support. “As introduced, in cases not involving the department of children’s services or a child-placing agency, prohibits a court from returning a child to the custody of a parent when the child was removed due to the parent’s drug abuse unless the parent demonstrates a sustained commitment to responsible parenting.” (Amends TCA Section 36-6-1) This change in the law would protect children from being exposed to their parents’ drug habits at home by making it very clear: you can do drugs or you can have your kids, but you cannot do both.

The laws regarding parenting time are complex, and new changes and amendments could affect how often you see your children. If you are a parent and you are thinking about what will happen to your children in your divorce, we invite you to contact Miller Upshaw Family Law, PLLC in Nashville for more information.