Children

Plain English Breakdown

The candidate explanation included claims about legal professionals and parents involved in disputes for children born out of marriage that were not directly supported by the official source.

Act for Children's Rights and Education

This act amends Tennessee laws to allow recovery of legal costs in child-related cases, suspend child support during dependency proceedings, require parent education seminars, and outline seminar requirements.

What This Bill Does

• Allows a winning party in certain child-related court cases to get back their lawyer fees and other costs from the losing party.
• Suspends child support payments temporarily when a child is removed from their original custodial parent due to dependency or neglect proceedings.
• Requires parents involved in custody, visitation, or parenting schedule modification cases to attend an educational seminar about co-parenting and court processes.
• Specifies that the seminar must be at least four hours long, cover topics like adverse childhood experiences and domestic violence, and include a video on these issues.
• Allows courts to waive the seminar requirement if there is good cause, such as safety concerns due to past domestic violence.

Who It Names or Affects

• Parents involved in custody or visitation disputes for children born out of marriage.
• Courts handling dependency and neglect cases involving children.

Terms To Know

Prevailing party

The person who wins a legal case.

Indigent

A person who is very poor and cannot afford to pay for the seminar.

Limits and Unknowns

• It is unclear how courts will determine when it is impractical or counterproductive to require attendance at the seminar.
• The effective date of July 1, 2026, means there may be a delay before these changes take effect.

Official Summary Text

This bill authorizes a prevailing party to recover reasonable attorney's fees, court costs, and other litigation expenses, which may be fixed and allowed in the court's discretion, from the nonprevailing party in a proceeding before the juvenile court tha
t concerns the custody or visitation of a child, the relocation of a parent with a child, the support of a child, or the adjudication of a child as dependent and neglected, whether at an initial hearing or at a subsequent hearing. However, an award of at
to
rney's fees, costs, or expenses under this bill must not be made for or against the department of children's services ("department").

DEPENDENCY AND NEGLECT PROCEEDING

Present law provides that a juvenile court in any county has temporary jurisdiction to issue temporary orders upon a petition on behalf of a child present or residing in that county. If a child is alleged to be dependent and neglected and is removed fro
m the physical custody of the original custodial parent, then this bill authorizes the court having original jurisdiction or the court exercising temporary jurisdiction to enter an order temporarily suspending the current child support obligation during t
he
pendency of the dependency and neglect proceeding.

PARENT EDUCATIONAL SEMINAR IN JUVENILE CASES

In a proceeding before a juvenile court to establish or modify the custody or a permanent parenting schedule of a child born to parents who were not married to each other, this bill requires each parent to attend a parent educational seminar. This requi
rement applies upon the adjudication of parentage and in any post-parentage proceedings to modify custody or visitation. Each parent must complete the seminar, which the minor child must not attend, as soon as practicable after legal parentage has been e
st
ablished or after the petition for modification is filed and before the court enters a final order adjudicating or modifying the permanent parenting arrangement.

Seminar Requirements

This bill requires the parent educational seminar to meet the following criteria:



Be at least four hours in duration, educational in nature, and not designed for individual therapy.


Instruct parents on how to protect and enhance their child's emotional well-being during and after the proceeding.


Inform parents about the court process and teach co-parenting skills.


Include at least one 30-minute video on adverse childhood experiences created by the department in conjunction with the Tennessee commission on children and youth or as part of the Building Strong Brains Tennessee public awareness campaign.


Include a discussion of alternative dispute resolution, marriage counseling, the judicial process, and common perpetrator attitudes and conduct involving domestic violence.

Costs

This bill provides that the fees or costs of attending the seminar is the responsibility of the parties. The court may assess or allocate the fees between the parents as the court deems equitable. If a parent is indigent, then the court must waive the f
ee for that parent upon proper motion or affidavit.

Certificate of Completion

This bill requires each parent to file a certificate of completion with the juvenile court clerk as proof of compliance with the seminar requirement. However, a court must not deny the entry of an order for failure of a party to attend the educational s
eminar.

Waiver

If the court finds good cause, this bill authorizes a court to waive the seminar requirement for one or both parents. Good cause may include any of the following:


A significant history of domestic violence between the parties that would make joint participation unsafe.


A party's prolonged absence or inability to participate.


Another circumstance in which requiring the seminar would be impractical, counterproductive, or contrary to the child's best interest.

This bill authorizes a motion for waiver to be made by a party or by the court on the court's own initiative. If the court waives the requirement, then the court's order must state the specific reasons constituting good cause. Additionally, attendance
at the parent educational seminar is not required solely upon the establishment of parentage in cases in which a petition for custody, visitation, or modification of a parenting schedule is not pending.

Failure to Attend

This bill authorizes a parent who willfully fails or refuses to attend the seminar as ordered, absent a waiver or unavoidable circumstances, to be punished as a contempt of court. If a parent unjustifiably fails to attend or complete the seminar, then t
he court must consider such failure as a factor in making custody and visitation determinations. The court may treat noncompliance as evidence of the parent's lack of good faith and cooperation. However, the court must not refuse to adjudicate the paren
t'
s rights solely due to failure to attend the seminar.

Discretion

In a proceeding where a child is alleged or adjudicated to be dependent and neglected or in a juvenile proceeding, this bill authorizes the juvenile court, in its discretion, to order any parent, legal guardian, or custodian of the child to attend the pa
rent educational seminar described above if the court finds that doing so would likely be beneficial to the child's best interests or to the resolution of the case for the purpose of utilizing parent education as a tool in appropriate cases. If the court
o
rders attendance, then all requirements regarding seminar content, fee waivers, proof of completion, and enforcement apply to the extent practicable.

ON MARCH 16, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2324, AS AMENDED.

AMENDMENT #1 clarifies that a p
arents' fundamental rights
listed in the
Families' Rights and Responsibilities Act do not supersede, repeal, or abrogate any provision of statutory law, court rule, case law, or order issued by a court.
Such rights
do not limit the authority of a court or judicial officer, including judges and magistrates, to issue or enforce orders pursuant to law, rule, or judicial precedent.

Current Bill Text

HOUSE BILL 2429
By Farmer

SENATE BILL 2324
By Haile
SB2324
012217
- 1 -

AN ACT to amend Tennessee Code Annotated, 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, Section 36-6-404(b), is amended by deleting
"§ 36-6-106 (a)(1)-(15)" and substituting "§ 36-6-106(a)".
SECTION 2. Tennessee Code Annotated, Title 37, Chapter 1, Part 1, is amended by
adding the following as a new section:
37-1-193. Attorney's fees in child-related proceedings.
A prevailing party may recover reasonable attorney's fees, court costs, and other
litigation expenses, which may be fixed and allowed in the court's discretion, from the
nonprevailing party in a proceeding before the juvenile court that concerns the custody
or visitation of a child, the relocation of a parent with a child, the support of a child, or the
adjudication of a child as dependent and neglected, whether at an initial hearing or at a
subsequent hearing. However, an award of attorney's fees, costs, or expenses under
this section shall not be made for or against the department.
SECTION 3. Tennessee Code Annotated, Section 37-1-103(d), is amended by adding
the following as a new subdivision:
(4) Notwithstanding this subsection (d), in the event a child is alleged to be
dependent and neglected and is removed from the physical custody of the original
custodial parent, the court having original jurisdiction or the court exercising temporary
jurisdiction may enter an order temporarily suspending the current child support
obligation during the pendency of the dependency and neglect proceeding.

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SECTION 4. Tennessee Code Annotated, Title 37, Chapter 1, Part 1, is amended by
adding the following as a new section:
37-1-194. Parent education seminar in juvenile cases.
(a)
(1) In a proceeding before a juvenile court to establish or modify the
custody or a permanent parenting schedule of a child born to parents who were
not married to each other, each parent must attend a parent educational seminar.
This requirement applies upon the adjudication of parentage under title 36,
chapter 2, and in any post-parentage proceedings to modify custody or visitation.
(2) Each parent must complete the seminar as soon as practicable after
legal parentage has been established or after the petition for modification is filed
and before the court enters a final order adjudicating or modifying the permanent
parenting arrangement.
(b) The parent educational seminar required by this section must conform to the
standards as described in § 36-6-408. The seminar must:
(1) Be at least four (4) hours in duration, educational in nature, and not
designed for individual therapy;
(2) Instruct parents on how to protect and enhance their child's emotional
well-being during and after the proceeding;
(3) Inform parents about the court process and teach co-parenting skills,
including techniques for reducing conflict; and
(4) Include the following:
(A) At least one (1) thirty-minute video on adverse childhood
experiences, as described in § 36-6-408; and

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(B) A discussion on topics such as alternative dispute resolution,
the judicial process, and domestic violence, as described in § 36-6-408.
(c) A minor child shall not attend or participate in the seminar.
(d) The fees or costs of attending the seminar is the responsibility of the parties.
The court may assess or allocate the fees between the parents as the court deems
equitable. If a parent is indigent, then the court shall waive the fee for that parent upon
proper motion or affidavit.
(e) Each parent must file a certificate of completion with the juvenile court clerk
as proof of compliance with the seminar requirement. A court shall not deny the entry of
an order for failure of a party to attend the educational session.
(f)
(1) If the court finds good cause, then the court may waive the seminar
requirement for one (1) or both parents. Good cause may include:
(A) A significant history of domestic violence between the parties
that would make joint participation unsafe;
(B) A party's prolonged absence or inability to participate; or
(C) Another circumstance in which requiring the seminar would
be impractical, counterproductive, or contrary to the child's best interest.
(2) A motion for waiver may be made by a party or by the court on the
court's own initiative. If the court waives the requirement, then the court's order
shall state the specific reasons constituting good cause.
(3) Attendance at the parent educational seminar is not required solely
upon the establishment of parentage in cases in which a petition for custody,
visitation, or modification of a parenting schedule is not pending.
(g)

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(1) A parent who willfully fails or refuses to attend the seminar as
ordered, absent a waiver, pursuant to subsection (f), or unavoidable
circumstances, may be punished as a contempt of court.
(2) If a parent unjustifiably fails to attend or complete the seminar, then
the court shall consider such failure as a factor in making custody and visitation
determinations. The court may treat noncompliance as evidence of the parent's
lack of good faith and cooperation. However, the court shall not refuse to
adjudicate the parent's rights solely due to failure to attend the seminar.
(h)
(1) In a proceeding where a child is alleged or adjudicated to be
dependent and neglected or in a juvenile proceeding under this chapter, the
juvenile court, in its discretion, may order any parent, legal guardian, or custodian
of the child to attend the parent educational seminar described in this section if
the court finds that doing so would likely be beneficial to the child's best interests
or to the resolution of the case for the purpose of utilizing parent education as a
tool in appropriate cases, including circumstances in which the court determines
the seminar may improve parenting skills or reduce conflict.
(2) If the court orders attendance, then all requirements pursuant to this
section regarding seminar content, fee waivers, proof of completion, and
enforcement apply to the extent practicable.
SECTION 5. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 6. This act takes effect July 1, 2026, the public welfare requiring it.