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SB2539 • 2026

Child Custody and Support

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

Children
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Hatcher, Alexander
Last action
2026-04-24
Official status
Comp. became Pub. Ch. 758
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Child Custody and Support

Present law requires a court to make a custody determination on the basis of the best interest of the child.

What This Bill Does

  • 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.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB2127

Plain English: House Judiciary 1 Amendment No.

  • House Judiciary 1 Amendment No.
  • 1 to HB2127 Farmer Signature of Sponsor AMEND Senate Bill No.
  • 2539 House Bill No.
  • 2127* HA0755 015027 - 1 - by deleting all language after the enacting clause and substituting: SECTION 1.
Amendment 1-0 to SB2539

Plain English: Senate Judiciary 1 Amendment No.

  • Senate Judiciary 1 Amendment No.
  • 1 to SB2539 Gardenhire Signature of Sponsor AMEND Senate Bill No.
  • 2539 House Bill No.
  • 2127* SA0763 015027 - 1 - by deleting all language after the enacting clause and substituting: SECTION 1.

Bill History

  1. 2026-04-24 Tennessee General Assembly

    Comp. became Pub. Ch. 758

  2. 2026-04-24 Tennessee General Assembly

    Effective date(s) 04/16/2026

  3. 2026-04-24 Tennessee General Assembly

    Pub. Ch. 758

  4. 2026-04-16 Tennessee General Assembly

    Signed by Governor.

  5. 2026-04-07 Tennessee General Assembly

    Transmitted to Governor for his action.

  6. 2026-04-06 Tennessee General Assembly

    Signed by Senate Speaker

  7. 2026-04-06 Tennessee General Assembly

    Signed by H. Speaker

  8. 2026-04-02 Tennessee General Assembly

    Sponsor(s) Added.

  9. 2026-04-02 Tennessee General Assembly

    Companion House Bill substituted

  10. 2026-04-02 Tennessee General Assembly

    Enrolled; ready for sig. of H. Speaker.

  11. 2026-04-02 Tennessee General Assembly

    Passed Senate, Ayes 32, Nays 0

  12. 2026-04-02 Tennessee General Assembly

    Amendment withdrawn. (Amendment 1 - SA0763)

  13. 2026-04-02 Tennessee General Assembly

    Senate substituted House Bill for companion Senate Bill.

  14. 2026-04-02 Tennessee General Assembly

    Received from House, Passed on First Consideration

  15. 2026-03-31 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/2/2026

  16. 2026-03-31 Tennessee General Assembly

    Engrossed; ready for transmission to Sen.

  17. 2026-03-30 Tennessee General Assembly

    Sponsor(s) Added.

  18. 2026-03-30 Tennessee General Assembly

    Passed H., as am., Ayes 88, Nays 0, PNV 2

  19. 2026-03-30 Tennessee General Assembly

    H. adopted am. (Amendment 1 - HA0755)

  20. 2026-03-26 Tennessee General Assembly

    H. Placed on Regular Calendar for 3/30/2026

  21. 2026-03-25 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 3/26/2026

  22. 2026-03-23 Tennessee General Assembly

    Rec. for pass. if am., ref. to Calendar & Rules Committee

  23. 2026-03-18 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/23/2026

  24. 2026-03-18 Tennessee General Assembly

    Action def. in Judiciary Committee to 3/25/2026

  25. 2026-03-17 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 0 PNV 0

  26. 2026-03-16 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/17/2026

  27. 2026-03-16 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 3/17/2026

  28. 2026-03-11 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/16/2026

  29. 2026-03-11 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/18/2026

  30. 2026-03-10 Tennessee General Assembly

    Rec for pass if am by s/c ref. to Judiciary Committee

  31. 2026-03-04 Tennessee General Assembly

    Placed on s/c cal Children and Family Affairs Subcommittee for 3/10/2026

  32. 2026-02-05 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  33. 2026-02-05 Tennessee General Assembly

    Assigned to s/c Children and Family Affairs Subcommittee

  34. 2026-02-05 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  35. 2026-02-04 Tennessee General Assembly

    Intro., P1C.

  36. 2026-02-02 Tennessee General Assembly

    Introduced, Passed on First Consideration

  37. 2026-02-02 Tennessee General Assembly

    Filed for introduction

  38. 2026-02-02 Tennessee General Assembly

    Filed for introduction

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

Read the full stored bill text 
HOUSE BILL 2127
By Alexander

SENATE BILL 2539
By Hatcher
SB2539
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.