Child Custody and Support

Plain English Breakdown

The official source material did not provide information on the exact nature of 'false allegations' beyond intentional making or participation in such allegations.

Law for Additional Parenting Time After False Allegations

This law allows courts to order additional parenting time if a parent's visitation is denied due to false allegations of abuse and the investigation does not find abuse or neglect.

What This Bill Does

• Allows courts to order additional periods of parenting time to compensate for previously denied visitation.
• Requires the court to order additional parenting time if an affected parent can prove that the other parent intentionally made false allegations of abuse, leading to a denial of visitation due to an investigation by the Department of Children's Services or another agency.
• Specifies that the additional parenting time must be similar in type and duration to what was originally denied and should not interfere with the child's school schedule or regular activities.
• Sets a two-year limit for when this extra parenting time must occur after the original denial of visitation.

Who It Names or Affects

• Parents who have had their visitation rights denied due to false allegations of abuse that did not result in a finding of abuse or neglect.
• Courts responsible for ordering additional parenting time in such cases.

Terms To Know

Parenting Time

The time a parent spends with their child after separation or divorce, as decided by the court.

False Allegations of Abuse

Claims made about abuse that are not true and were used to deny visitation rights.

Limits and Unknowns

• The law does not create a cause of action against the Department of Children's Services or other agencies.
• It also does not waive sovereign immunity to suit or liability.

Official Summary Text

For
orders of visitation that are denied on or after July 1, 2026
, this bill generally authorizes
a court
to
order additional periods of parenting time to compensate for a previous denial of visitation.
Further, if
an affected parent can show that the other parent intentionally made or participated in false allegations of abuse against the affected parent, then the court
must
order additional periods of parenting time to compensate the affected parent for a previous denial of parenting time because of an
investigation by the department of children's services, or other agency, or a protective or restraining order, and the investigation did not result in a finding of abuse or neglect.

This bill provides that the
additional parenting time ordered under this
bill
is intended to restore lost parenting time to the affected parent.
However, t
he court-ordered additional parenting time must not disrupt the child's school attendance or regular activities. Any additional parenting time
(i) must
be of the same type and duration as the parenting time that was denied
; (ii) m
ay include weekend, holiday, or summer parenting time; and

(
iii
)
m
ust occur no later than two years from the date the court
denied parenting time on grounds that did not result in a finding of abuse or neglect.
The
parent who was denied parenting time is entitled to request the dates for the additional parenting time, consistent with
this bill.

This bill clarifies that its provisions do not (i) c
reate a cause of action against the department of children's services, or any other agency or

(
ii
)
w
aive sovereign immunity to suit or liability.

Current Bill Text

HOUSE BILL 2595
By Behn

SENATE BILL 2643
By Roberts
SB2643
012609
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 36,
Chapter 6, Part 5, relative to parent visitation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 36, Chapter 6, Part 5, is amended by
adding the following as a new section:
36-6-505. Additional periods of parenting time after denial occurs due to false
allegations of abuse or neglect.
(a) Except as provided in subsection (b), a court may order additional periods of
parenting time to compensate for a previous denial of visitation.
(b) If an affected parent can show that the other parent intentionally made or
participated in false allegations of abuse against the affected parent, then the court shall
order additional periods of parenting time to compensate the affected parent for a
previous denial of parenting time because of an investigation by the department of
children's services, or other agency, or a protective or restraining order, and the
investigation did not result in a finding of abuse or neglect.
(c) The additional parenting time ordered under this section is intended to
restore lost parenting time to the affected parent. The court-ordered additional parenting
time must not disrupt the child's school attendance or regular activities. Any additional
parenting time:
(1) Must be of the same type and duration as the parenting time that was
denied;
(2) May include weekend, holiday, or summer parenting time; and

- 2 - 012609

(3) Must occur no later than two (2) years from the date the court denied
parenting time on grounds that did not result in a finding of abuse or neglect.
(d) The parent who was denied parenting time is entitled to request the dates for
the additional parenting time, consistent with subdivision (c)(1).
(e) This section does not:
(1) Create a cause of action against the department of children's
services, or any other agency; or
(2) Waive sovereign immunity to suit or liability.
SECTION 2. The heading in this act is for reference purposes only and does not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the heading in any compilation or publication containing this act.
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it, and
applies to orders of visitation that are denied on or after that date.