Child Custody and Support

Plain English Breakdown

The official source material does not specify the exact nature or extent of limitations in parenting plans.

Child Custody and Support Act

This bill changes Tennessee's custody determination process to prioritize credible evidence of physical abuse, sexual abuse, or domestic violence when deciding what is best for the child.

What This Bill Does

• Requires courts to give highest weight to credible evidence of physical abuse, sexual abuse, or domestic violence in determining the best interest of a child.
• Applies this rule equally if the abuse happened to any member of the child's household, including siblings and step-parents.
• Creates a presumption that placing a child with a parent who has committed such abuses is not in the child's best interest.
• Requires courts to provide written findings explaining why they believe placing a child with an abusive parent is acceptable if they decide to do so.
• Allows evidence about past behavior before the most recent custody plan to be used in court if it helps understand what's best for the child.

Who It Names or Affects

• Children involved in custody disputes
• Parents or caregivers who have been accused of abuse or violence
• Courts and judges making custody decisions

Terms To Know

Res Judicata

A legal rule that stops the same case from being tried again if it has already been decided.

Best Interest of the Child

The standard courts use to decide what is most beneficial for a child's welfare and development.

Limits and Unknowns

• Does not specify how long after an abuse incident evidence can be used.
• Doesn't explain exactly when protective services records must be reviewed by the court.
• The bill does not provide details on what constitutes 'credible' evidence.

Official Summary Text

Present law requires a court to make a custody determination on the basis of the best interest of the child. The court must enter a custody arrangement that permits both parents to enjoy the maximum participation possible in the life of the child consis
tent with the factors it must consider. Such factors include the location of the residences of the parents, the child's need for stability, and other factors specifically provided by statute.

This bill requires the court to give the highest weight to credible evidence of physical abuse, sexual abuse, or domestic violence when determining the best interest of the child. The weight must be applied equally to abuse committed against any member
of the child's household. Further, there is a presumption that placement with a parent who has been found to have committed physical abuse, sexual abuse, or domestic violence is not in the best interest of the child. This bill requires the court to incl
ud
e written findings in an order placing a child with such a parent explaining why the presumption is rebutted. The court must review any available protective services regarding the child who is the subject of the order.

RES JUDICATA

The doctrine of res judicata, or claim preclusion, generally bars parties from re-litigating a case or claims that were, or could have been, asserted in a previous lawsuit between the same parties or their privies. This bill clarifies that the doctrine
of res judicata does not preclude the admission of evidence concerning a parent or caregiver's conduct that occurred prior to the entry of the most recent parenting plan, if such evidence is relevant to the child's best interest.

ON MARCH 30, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2127, AS AMENDED.

AMENDMENT #1 rewrites the bill to, instead, require
the court
to
include written findings of fact as to whether the
certain
limitations
in parenting plans
apply

in a child custody order, whether temporary or permanent
. Such present law limitations include, generally, w
illful abandonment
, p
hysical or sexual abuse
,
convict
ion
as an adult of a sexual offense
, and
other
circumstances
specifically provided by statute.

Current Bill Text

SENATE BILL 2539
By Hatcher

HOUSE BILL 2127
By Alexander
HB2127
012321
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 29;
Title 36 and Title 37, relative to children.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 36-6-106, is amended by adding the
following as new subsections:
(g)
(1) The doctrine of res judicata does not preclude admission of evidence
concerning a parent's or caregiver's conduct that occurred prior to the entry of
the most recent parenting plan, when such evidence is relevant to the child's best
interest.
(2) As used in this subsection (g), "evidence" includes, but is not limited
to, sworn testimony, medical or mental health records, psychological evaluations,
police reports, child protective services records, school or childcare records,
audio, video, or photographic documentation, expert witness findings, previous
court dockets, and any documentation or credible reporting by professionals
mandated to report child abuse or neglect.
(h) In determining the best interest of the child, courts shall give highest weight
to credible evidence of physical abuse, sexual abuse, or domestic violence. The weight
must be applied equally to abuse committed against any member of the child's
household, including siblings, half-siblings, foster siblings, and step-siblings.
(i) A court that issues a custody order, including a temporary order, must take
into consideration the restrictions in § 36-6-406.

- 2 - 012321

(j) There is a presumption that placement with a parent who has been found to
have committed physical abuse, sexual abuse, or domestic violence is not in the best
interest of the child. If a court issues a custody order placing a child with a parent who
has been found to have committed physical abuse, sexual abuse, or domestic violence,
then the court must include in its order written findings including why the presumption is
rebutted. Prior to issuing such an order, the court shall review any available protective
services records regarding the child who is the subject of the order.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.