Civil Procedure - As enacted, requires, in a child custody order, the court to include written findings of fact as to whether the limitations in present law relative to restrictions in temporary or permanent parenting pl, the official text

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PUBLIC CHAPTER NO. 265

                                SENATE BILL NO. 943

                                By Massey, Hatcher, Akbari

                                Substituted for: House Bill No. 1255

By Alexander, Hardaway, Howell, Littleton, Wright

AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to children.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 36-6-106(a), is amended by adding the
following after the first sentence:

As required by§ 36-6-404(b), only if the limitations of§ 36-6-406(a)-(d) are not dispositive of
the child's residential schedule, then the court shall consider all relative factors, including the
factors found in subdivisions (a)(1 )-(17), and in a child custody order, the court shall include
written findings of fact as to whether the limitations in § 36-6-406(a)-(d) apply.

          SECTION 2. Tennessee Code Annotated, Section 36-6-106, is amended by deleting
subdivisions (a)(15) and (a)(16) and substituting:

          (15) Whether a parent has had custody or parenting time reduced or restricted in the
past and if so, the reasons custody or parenting time was relinquished;

(16) Whether a parent has failed to pay court-ordered child support; and

(17) Any other factors deemed relevant by the court.

          SECTION 3. Tennessee Code Annotated, Section 36-6-106, is amended by deleting
subsection (g).

          SECTION 4. Tennessee Code Annotated, Section 36-6-703, is amended by adding the
following as a new subsection:

          (d) In a proceeding in which the court has made a finding against a parent under§ 36-
6-406(a)-(d), the court shall include in the custody order written findings of fact that are the
basis of its conclusions in regard to decision-making pursuant to § 36-6-407.

          SECTION 5. Tennessee Code Annotated, Section 37-1-130, is amended by adding the
following as a new subsection:

(f) When the court orders supervised visitation due to a finding against a parent under

§ 36-6-406(a)-(d) or § 37-1-129, there is a rebuttable presumption that the parent whose

parenting time is restricted and supervised must be solely responsible for all fees and costs

incurred as a result of the supervised visitation arrangement, and that the non-offending parent

must not bear any fee or cost associated with the supervised visitation. The court may order

the offending parent to make payment directly to the relevant supervising party or agency as

required. The court may review and modify the offending parent's financial responsibility for

supervised visitation fees based on changes in circumstances or upon motion by either party,

taking into consideration the offending parent's ability to pay.                                                                                                                        •

SECTION 6. Tennessee Code Annotated, •Section 36-6-406, is amended by adding the

following as a new subsection:        •
SB943
                    (h) When the court orders supervised visitation due to a finding against a parent

          under subdivisions (a)-(d), there is a rebuttable presumption that the parent whose parenting
         time is restricted and supervised must be solely responsible for all fees and costs incurred as
          a result of the supervised visitation arrangement, and that the non-offending parent must not
          bear any fee or cost associated with the supervised visitation. The court may order the
          offending parent to make payment directly to the relevant supervising party or agency as
          required. The court may review and modify the offending parent's financial responsibility for
          supervised visitation fees based on changes in circumstances or upon motion by either party,
          taking into consideration the offending parent's ability to pay.
          SECTION 7. Tennessee Code Annotated, Section 36-3-601 (1 ), is amended by designating
the current language as subdivision (1 )(A) and adding the following as a new subdivision (1 )(8):

                    (B) "Abuse" includes acts inflicted directly by the offending party or indirectly through
          a third party, including, but not limited to, a family member, friend, significant other, or
          coworker, on behalf of the offending party;
          SECTION 8. This act takes effect July 1, 2025, the public welfare requiring it, and applies to
actions filed on or after that date.

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         SENATE BILL NO. 943

PASSED:  April 14, 2025

                         '  tr  -RANfI,,. I nrn.,nru..L. 1

                            SPEAKEROF1 j

                            CAMERONSEXTON,SPEAKER

                            HOUSE OF REPRESENTATIVES

Apr:\ Jy APPROVED this
         tL day of              2025

         BILL LEE, GOVERNOR

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