Tennessee Senate Bill SB1058

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 6, relative to child custody determinations.

Impact

A notable aspect of SB1058 is the modification it introduces regarding cases involving domestic violence. In instances where a domestic violence order is issued, the presumption of joint custody and shared parenting time will not apply. This is intended to prioritize the welfare and safety of children and victims of domestic abuse, reflecting a nuanced understanding of family dynamics under distressing circumstances. Such adjustments may lead to more stringent evaluations of parenting arrangements in these particular contexts, ensuring protection for vulnerable parties.

Summary

Senate Bill 1058 seeks to amend the Tennessee Code Annotated specifically related to child custody determinations. The bill establishes a presumption that joint legal custody and equally shared parenting time is in the best interest of the child, which can only be rebutted with a preponderance of evidence. This presumption becomes a significant consideration in legal proceedings involving custody, placing an emphasis on shared parenting arrangements as a default stance in custody cases, a move that advocates argue will promote stability for children post-divorce or separation.

Contention

The proposed changes may lead to contentious debates, especially regarding the presumption in favor of joint custody. Proponents of the bill believe it fosters a collaborative parenting approach that benefits children’s development. However, critics may argue that the presumption for joint custody could overlook specific cases where one parent poses a threat to the child or the other parent. The discussions surrounding the bill could likely highlight the balance between fostering parental involvement and ensuring child safety, particularly in the context of domestic violence. Furthermore, the bill underscores the importance of having clear legislative guidelines in family law to navigate such delicate issues.