Tennessee Senate Bill SB2643

Tennessee 2025-2026 Regular Session

• Introduced: 2/2/26

Caption

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

Summary

SB2643 amends Tennessee’s child custody and visitation law to address situations where a parent loses parenting time because of abuse or neglect allegations that are later not substantiated. The bill authorizes a court to award additional parenting time to make up for the denied visitation, and requires the court to do so when the affected parent proves the other parent intentionally made or participated in false allegations of abuse that led to a denial of parenting time through a DCS investigation, another agency investigation, or a protective or restraining order, so long as the investigation did not result in a finding of abuse or neglect. The additional parenting time is intended to restore the lost time rather than punish either parent. It must match the type and duration of the parenting time that was denied, may be scheduled as weekend, holiday, or summer time, and must be granted within two years of the original denial. The parent who was denied time may request the dates, but the court must ensure the schedule does not disrupt the child’s school attendance or regular activities. The bill also states that it does not create a cause of action against the Department of Children’s Services or any other agency and does not waive sovereign immunity. In practical terms, the bill would add a new section to Title 36, Chapter 6, Part 5 of the Tennessee Code governing parenting time and visitation. It creates a specific remedy for parents who can show they were wrongly deprived of visitation because of false abuse allegations, while preserving existing protections for state agencies involved in abuse or neglect investigations. The act would apply only to visitation denials occurring on or after July 1, 2026. Because there are no committee transcripts or recorded votes provided, the overall sentiment cannot be measured from legislative debate or roll call history. Based on the bill text alone, the measure appears aimed at protecting parental rights and deterring false accusations, while also preserving the court’s discretion to structure make-up parenting time in a child-centered way. Any contention would likely center on the balance between preventing misuse of abuse allegations and avoiding interference with legitimate child-protection reporting and investigations.

Impact

The bill would create a new statutory remedy in Tennessee family law allowing courts to award compensatory parenting time when visitation was denied due to unsubstantiated abuse or neglect allegations, and mandating such relief when false allegations are proven. It would affect custody, visitation, and parenting-time orders under Title 36, Chapter 6, Part 5, while expressly limiting claims against DCS and other agencies and preserving sovereign immunity.

Sentiment

No committee discussion or vote history is provided, so there is no recorded legislative sentiment to summarize. From the bill’s text, the measure appears generally pro-parenting-time and anti-false-allegation in orientation, with safeguards intended to keep the remedy focused on restoring lost time rather than disrupting the child’s routine.

Contention

The main policy tension is between protecting parents from false abuse allegations used to block visitation and ensuring that abuse-reporting systems remain available and effective for genuine safety concerns. Supporters would likely emphasize fairness to parents who were wrongly denied time with their children, while opponents or skeptics may worry about chilling legitimate reports of abuse, increasing litigation over intent, or complicating DCS and court handling of protective orders and investigations.