AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to child custody.
Summary
HB0492 amends Tennessee’s child custody laws by revising the list of factors courts may consider when determining custody and parenting arrangements. It specifically updates the statutory best-interest factors to include whether a parent has failed to pay court-ordered child support, and it renumbers the remaining catch-all factor accordingly. The bill also revises a related custody provision to make clear that a parent’s neglect or substantial nonperformance of parenting responsibilities includes failure to pay court-ordered child support.
In addition, the bill authorizes courts to award reasonable attorney’s fees and other litigation expenses to either party in grandparent visitation cases. That change gives judges discretion to shift litigation costs in disputes over grandparent visitation under Tennessee law. The act takes effect immediately upon becoming law.
Impact
The bill changes Tennessee Code Annotated Title 36 by expanding and clarifying the factors courts may weigh in child custody and parenting determinations, and by expressly tying child support nonpayment to parental neglect or nonperformance in a custody context. It also amends the grandparent visitation statute to allow fee-shifting and litigation expense awards, which may affect parents and grandparents involved in visitation litigation. Overall, the bill broadens judicial discretion in family-law cases and may influence how child support compliance is considered in custody disputes.
Sentiment
The available vote history suggests the bill was generally well received in committee, advancing 7-0 in the House Children and Family Affairs Subcommittee and 19-2 in the House Judiciary Committee. The strong committee support indicates broad agreement with the bill’s family-law changes, particularly the emphasis on child support compliance and the court’s ability to manage visitation litigation costs. No committee transcript was provided, so there is no recorded debate to indicate broader public or member concerns.
Contention
The main points of potential contention are the bill’s use of child support nonpayment as a custody-related factor and the new authority for courts to award attorney’s fees in grandparent visitation cases. Supporters likely view these changes as reinforcing parental responsibility and discouraging unnecessary litigation, while opponents may worry that fee-shifting could discourage legitimate grandparent visitation claims or that child support issues could be weighed too heavily in custody decisions. The recorded votes show limited opposition, but the 19-2 Judiciary Committee vote suggests some concern remained.