Tennessee House Bill HB0620

Tennessee 2023-2024 Regular Session

• Introduced: 1/26/23
• Refer: 2/1/23

Caption

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

Impact

One significant change introduced by HB0620 is the modification of existing laws regarding how custody is determined in cases involving domestic violence. Specifically, the bill states that if a domestic violence order has been issued against a party involved in the custody proceedings, the standard presumption of joint custody will be rendered invalid. This change aims to prioritize the safety and welfare of children in custody cases where allegations of domestic violence exist, thereby tailoring the law to better address instances of potential harm.

Summary

House Bill 0620 proposes amendments to Tennessee's child custody determinations, particularly emphasizing the presumption of joint legal custody and equally shared parenting time. The central premise of the bill is that such arrangements are deemed to be in the best interest of the child, shifting the burden of proof to parties seeking to deviate from this presumption. The bill outlines procedural requirements for custody decisions while ensuring that written findings substantiate any deviation from joint custody mandates.

Sentiment

The overall sentiment surrounding HB 0620 appears to be supportive, especially from advocates for children’s rights and domestic violence awareness groups. Supporters of the bill argue that the amendments to custody determinations help establish a clearer, more protective framework for children and prevent situations where joint custody could expose a child to danger. However, there may be concerns from individuals who advocate for parental rights who fear that the bill could disproportionately impact custody arrangements in situations where abuse is not substantiated.

Contention

Noteworthy points of contention in discussions about HB0620 include the implications of the presumption of joint custody in contexts where domestic violence is not present. Critics may argue that the bill's measures could complicate its application, particularly in cases where there is a lack of clear evidence of domestic violence. Furthermore, the requirement for courts to provide written findings could lead to legal complexities in custody disputes, sparking debates about the balance between protecting children and assuring parent rights.