Tennessee House Bill HB1804

Tennessee 2023-2024 Regular Session

• Introduced: 1/10/24
• Refer: 1/22/24

Caption

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

Impact

The enactment of HB 1804 will impact existing child custody laws in Tennessee by creating a stronger preference for shared custody arrangements. This change is intended to provide a legal basis that may encourage both parents to remain actively involved in their children's lives post-separation or divorce, aligning custody decisions with contemporary views on parenting and child welfare. However, the bill also introduces stipulations that would negate the presumption of joint custody if certain protective orders are in place against a party involved, indicating a balance between ensuring children's welfare and protecting them from potentially harmful environments.

Summary

House Bill 1804 proposes significant amendments to the Tennessee Code related to child custody determinations. The bill establishes a rebuttable presumption that joint legal custody and equally shared parenting time is in the best interest of the child, which courts can deviate from if there is sufficient evidence to justify such a decision. The bill requires that any such deviation must be supported by written findings of fact and conclusions of law, enhancing the accountability and transparency of custody decisions within the legal framework.

Contention

Notably, the bill has sparked discussions regarding the balance between promoting joint custody and addressing situations where joint parenting may not be appropriate, particularly in cases involving domestic violence or abuse. Critics might argue that while shared custody is beneficial for many families, the new presumption could inadvertently place children in unsafe situations. The necessity for courts to provide detailed reasoning when deviating from this presumption aims to mitigate these concerns but may still lead to contentious court battles as families navigate custody disputes.