Custody Disputes - Cole Law Group, PC

How Tennessee’s New Laws Affect You: Domestic Violence, Distracted Driving, and More

Cole Law Group, PC — Tue, 06 May 2025 00:10:45 GMT

When Nashville’s Music Note dropped on Broadway it not only marked the start of the new year in Tennessee, but also triggered several new laws for the State’s residents to be aware of. The following list aims to identify the relevant portions of many laws passed by the Tennessee 113^th General Assembly that went into effect January 1, 2024.

“Abrial’s law, the Keeping Children Safe from Family Violence Act” – (SB0722)

“Abrial’s law” makes important changes to custody proceedings involving alleged domestic violence or child abuse. Under the law, a parent involved in a child custody proceeding will not be penalized for “making a good faith complaint about domestic violence or child abuse.” Additionally, the court is now prohibited from removing a child from a parent during a child custody proceeding involving allegations of abuse if the parent is competent, protective of the child, not physically or sexually abusive, and the individual to whom the child is bonded or attached.

Moreover, expert evidence is now only admissible when an expert demonstrates both expertise and clinical experience working with victims of domestic violence or child abuse that is not solely forensic in nature. The court may also consider evidence of past or sexual abuse committed by the accused parent, as well as other relevant and admissible evidence against the accused parent such as past or current orders of protection, and arrests and convictions for domestic violence, sexual violence, or child abuse.

In considering the evidence, the court must apply current, valid, evidence-based, scientific, and peer-reviewed research regarding the types of alleged abuse to inform their decision. Practices or approaches that are not scientifically based or are not an accepted practice in the specialized field of domestic violence or child abuse are not permitted.

The law also makes changes to the procedure of child custody proceedings involving allegations of domestic violence or child abuse. Now, the court must conduct an evidentiary hearing to determine whether the accused parent has engaged in a pattern of abuse before appointing a guardian ad litem, evaluator, or other neutral professional. During the evidentiary hearing, if the court finds probable cause of abuse, then the court must award the other “safe” parent full custody. If the court awards visitation to the abusive parent, then the visitation must be supervised by a professional. Notably, if the court does not find probable cause for abuse at the preliminary evidentiary hearing, it does not preclude the consideration of additional evidence of domestic violence or child abuse later in the proceedings.

Additionally, the court is prohibited from ordering a reunification treatment in a custody proceeding unless there is scientific and valid proof of the safety, effectiveness, and therapeutic value of the reunification treatment. The court is likewise prohibited from ordering a reunification treatment meant to “cut off” a child from their bonded parent.

Similarly, in situations where a court issues an order to remediate the resistance of a child refusing contact with an accused abusive parent, the order must primarily address the behavior and contributions of the parent to the child’s refusal. In other words, the order must first describe the actions of the accused parent that led to the child refusing contact before ordering that steps be taken to improve the child’s relationship with the accused parent.

Finally, the law requires all court personnel involved in child custody proceedings to now complete at least twenty (20) hours of domestic violence and abuse training, and at least fifteen (10) hours of additional training every five (5) years. This includes judges, judicial commissioners, and magistrates, and any court-appointed professional who provides an opinion regarding abuse, trauma, or the behaviors or victims and perpetrators of abuse. The training program will be developed by the administrative office of the courts and will be designed to improve the courts’ ability to recognize and respond to domestic violence and child abuse in all family victims, particularly children. The goal of the training program is to assist the court in making appropriate custody decisions that prioritize the safety and well being of the children involved.

The Eddie Conrad Act Increases the Punishment for Distracted Driving – (SB0589)

The Eddie Conrad Act amends Tennessee’s preexisting Hands Free Law by imposing harsher penalties on minor drivers caught using a cell phone behind the wheel. Now, teenagers under the age of eighteen (18) who receive a second or subsequent distracted driving violation will have seven (7) points added to their driving record. According to the Tennessee Department of Safety & Homeland Security, seven (7) points is enough for a minor driver to potentially have their license suspended and placed in the Driver Improvement Program. Adult divers over the age of eighteen (18) are not affected by the amendment and will not receive additional points on their driving records for distracted driving violations.

The James ‘Dustin” Samples Act Supports Firefighters – (SB0856)

This law creates a presumption of injury in the line of duty when firefighters are diagnosed with post-traumatic stress disorder (PTSD) by a mental health professional after being involved in one of the following four (4) scenarios:

Directly witnessing the death of a minor, or treating the injury of a minor, who subsequently died before or upon arrival at a hospital emergency department;

Directly witnessing an individual whose death involved a serious bodily injury of a nature that shocks the conscious;

Responding to an event where there was a victim with a serious bodily injury that shocks the conscious; or

Responding to an event where a responder, co-worker of a responder, or a family member of a responder sustained a serious bodily injury or died.

The presumption of injury that is created when firefighters are diagnosed with PTSD from these incidents is now compensable under Tennessee’s Workers’ Compensation Law, absence a showing that the diagnosis is due to non-service connected risk factors or exposure. As such, any mental health conditions resulting from standard work-related actions, including warranted disciplinary action, work evaluations, job transfers, layoffs, or demotions, are not considered compensable injuries under this law. Moreover, the PTSD diagnosis must be made within one (1) year of the final date of employment with the fire department to trigger compensation eligibility.

Providing workers’ compensation is expensive for employers, and the law addresses the added expense by requiring the State’s Department of Labor and Workforce Development to establish and administer a grant program to mitigate the costs. The grant program will be implemented by the Department’s existing staff and administered pursuant to rules promulgated by the Department. Said rules must award grants to both employers and their workers compensation benefits provider if certain requirements verified by the state fire marshal’s office are met. Individuals administering the grant program will ensure that funding is provided from whatever sources are available.

To qualify for the grant program, employers must provide mental health awareness training to firefighters that meets the requisite standards laid out by the Department. Firefighters who receive the training will receive the appropriate continuing education credits from the employer.

Licenses Needed at the Farmers Market – (SB1049)

Food vendors at the farmers market are now required to obtain a unit permit from the Tennessee Department of Health under the preexisting Tennessee Food Safety Act. Qualified applicants must pay a $300.00 permit fee and successfully complete a pre-operational inspection at the local health department that ensures compliance with the rules for food service establishments.

Those interested in applying for a farmers market food unit permit should be aware of the following new regulations:

A unit must not operate in conjunction with an organized temporary event, unless a temporary food service establishment permit is obtained for the event;

Suspension of permits under the Tennessee Food Safety Act apply only to farmers market food units; and

An operator of a unit is not required to disassemble or remove the equipment used in the operation of the unit from the farmers market premises at the end of an operational day. However, the farmers market itself may still impose rules for removal of equipment.

The law does not prohibit an individual from being issued a farmers market food unit permit and a temporary food service establishment permit for the same establishment simultaneously. In the case an individual does receive both permits and chooses to operate under the temporary food service permit, then they are required to follow the temporary permit regulations. Additionally, a physical copy of the food market service permit must be present in the food unit at all times during operation.

Notably, individuals operating a farmers market food unit are not required to obtain a permit to offer food samples if they comply with the following standards:

Samples must be prepared on clean surfaces;

Food must be in good condition, free from spoilage, filth, or other contamination;

Food must be honestly presented and safe for human consumption;

Produce that has already been cut should be discarded after two (2) hours;

The persons preparing the samples must wash their hands frequently or use disposable gloves;

A barrier must be maintained between hands and food, such as a toothpick or tongs; and

Plastic glass coverings must be used to protect open food products from contamination.

Rewriting the County Line – (SB0125)

This law establishes a new boundary line between Shelby County and Fayette County in western Tennessee.

Adding GPS to Ignition Interlock Devices – (SB0258)

Ignition interlock devices installed on or after January 1, 2024, are required to have global positioning system (GPS) technology. GPS technology geotags the vehicle’s location at the time of interlock installation, during one random retest, if a skipped test occurs, or when circumvention of the device is detected. It is not used to continuously track a vehicle.

Reimbursement for Handgun Safety Courses – (SB0360)

The Tennessee Department of Safety is now authorized to utilize a portion of the State’s $100.00 enhanced handgun carry permit and processing fees to reimburse individuals who complete an approved handgun safety course for the first time. Individuals who complete the course on or after January 1, 2024, will have the costs of taking the course offset by a reimbursement of up to $30.00.

This law further requires the Department of Safety to coordinate with the Tennessee Bureau of Investigation to supply information regarding the approved handgun safety training courses that are available in the State. This information will be reported annually to licensed federal firearms dealers in Tennessee and provided at a minimal cost on the Department of Safety website.

State residents will be made aware of the reimbursement program and available safety training through signage displayed by licensed firearm deals pursuant to the new law. Importantly, this law is only in effect until January 1, 2025, unless extended, so those wishing to take advantage of the program only have one (1) year to do so.

Helping Juvenile Offenders – (HB1120)

Chaplain services are now made regularly available by the Tennessee Department of Child Services to juveniles housed in a youth development center, instead of to those housed in a state-licensed juvenile detention facility.

Additionally, juvenile offenders aged sixteen (16) and older who are determinately committed to a hardware secure residential facility or a youth development center are now required to be housed separately from those younger than age sixteen (16). This separation requirement is bypassed, however, if it is deemed necessary for the safety and well-being of children younger than sixteen (16) to be housed with an older juvenile or in order to comply with current law regarding the use of seclusion at juvenile detention facilities.

Waiving the Knowledge Test for Service Members – (SB0105)

The Tennessee Department of Safety will now waive the knowledge test and accept alternative requirements for certain service members applying for temporary commercial learner’s permits. An applicant wishing to have the knowledge test waived must certify:

That they are or were, during the year immediately before the date of the application, regularly employed and designated as a motor transport operator – 88M (Army); a PATRIOT launching station operator – 14T (Army); a fueler – 92F (Army) and 2F0 (Air Force); a vehicle operator – 2T1 (Air Force); a pavement and construction equipment operator – 3E2 (Air Force); a motor vehicle operator – 3531 (Marine Corps); or an equipment operator – E.O. (Navy); and

That they were or are operating a motor vehicle in the United States armed forces that is representative of the license for which the service member is applying. In the case of honorably discharged members, they must certify they were operating said motor vehicle for at least one (1) year immediately preceding the date of separation or discharge from the armed forces. In the case of an active-duty service member, they must certify they were operating said motor vehicle for at least (1) year before the date of application.

Additionally, an applicant must certify that for the one (1) year period immediately preceding the date of application:

That they have not had more than one driver license, except for a valid military commercial driver license;

That they have not had any convictions while operating any type of motor vehicle, and likewise have not lost the privilege to operate a commercial motor vehicle or been disqualified from operating a motor vehicle in any State;

That they have not had more than one conviction for serious traffic violations while operating any type of motor vehicle, as defined by Tennessee state law or by federal regulations;

That they have not had a conviction for a violation of any military law, state law, or local ordinance relating to motor vehicle traffic control in any state, other than a parking violation or arising in connection with a traffic accident; and

That they have no record of an accident in which they were at fault.

Finally, the following documentation must be submitted along with the application:

Military orders or other acceptable documentation that establishes the applicant’s military occupational specialty and current duty station assignment, and if the applicant is on active duty, a valid military identification card.

If the applicant was honorably discharged, the applicant’s certificate of release or discharge, the applicant’s DD 214 form that shows dates of service and confirms the applicant was honorably discharged, the applicants AGO Form 53-55 or NAVPERS 553 showing dates of service, or the applicant’s official NAVPERS-660 form that confirms the honorable discharge.

An applicant who is approved for a knowledge test waiver must successfully complete the requisite vision and skills tests and pay the appropriate fees other than the skills testing fee. This law applies to members of the national guard and armed forces, but not to a United States reserve technician.

Written by Madeleine Lamb

Interstate Modification of Custody Orders in Tennessee

Andy Goldstein — Mon, 01 May 2023 19:02:35 GMT

Custody Determination and the Permanent Parenting Plan

Throughout Tennessee, courts are often tasked with rendering an initial child custody determination regarding one or more minor children between parents. These custody decisions – which are ultimately enshrined in the law in the form of court orders issued by a Tennessee court of competent jurisdiction – may occur between parents regardless of whether they are married. At the conclusion of a case where child custody is at issue, the courts in Tennessee will enter a Permanent Parenting Plan, setting out the parenting schedule between both parents for their children, and making provisions for the payment of child support, health insurance, and other important matters pertaining to the parties’ child(ren).

Once a Tennessee court has made a child custody decision, a parent displeased with the custody decision can appeal. However, if there is a significant change in the circumstances surrounding the child custody decision such that the Permanent Parenting Plan needs to be modified in order to continue to serve the best interests of the child or children, then a parent may seek a modification of the Permanent Parenting Plan by a court of competent jurisdiction. Circumstances giving rise to a basis for modification are myriad and may include one or both parents relocating from the original jurisdiction where the child custody decision was originally made.

Modifying a Previous Custody Decision

When it comes to modifying previous custody decisions, a question that frequently arises is whether the court that made the original custody decision should be the court that makes the decision on whether the parenting plan should be modified. For example, consider the situation of a married couple going through a divorce in Tennessee with two minor children. As part of the divorce, the Tennessee court entered a Permanent Parenting Plan providing for the custody arrangements for their two children between both of the parents. Years later, both of the parents have remarried and relocated to two different states outside of Tennessee, and one of the parents wants to modify the Permanent Parenting Plan that was entered in the Tennessee divorce. In this scenario, is the Tennessee court that handled the parties’ divorce and made the initial child custody determination able to hear the case regarding modifying the parties’ Permanent Parenting Plan? Even if the Tennessee court has jurisdiction to continue to hear the case for modification of the custody schedule, is the Tennessee court really the best venue to hear the case, or should the case be transferred to a more convenient forum?

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

In order to answer these questions, it is important to examine the Uniform Child Custody Jurisdiction and Enforcement Act (the “UCCJEA”). The UCCJEA has been adopted by every state in the United States except for Massachusetts, and is also in effect in Washington, D.C., Guam, Puerto Rico, and the U.S. Virgin Islands. Although there are several important laws that may have bearing on the legal issues surrounding interstate custody disputes, the UCCJEA is arguably the single most important law when it comes to interstate custody disputes and the rules surrounding which court(s) will ultimately have the power to hear and decide upon a modification of a previously issued custody order from the court of a different state. Under federal law, a child custody determination made by the court of one state is generally required to be enforced by a court of a different state.

When TN Has Jurisdiction to Make Initial Custody Determination

Under the UCCJEA, a Tennessee court has jurisdiction to make an initial child custody determination only if:

Tennessee is the “home state” of the child on the date of the commencement of the proceeding, or was the “home state” of the child within six (6) months before the commencement of the proceeding and the child is absent from Tennessee but a parent or person acting as a parent continues to live in Tennessee;
A court of another state does not have “home state” jurisdiction, or a court of the “home state” of the child has declined to exercise jurisdiction on the ground that Tennessee is the more appropriate forum, and
All courts having jurisdiction under the first two options above have declined to exercise jurisdiction on the ground that a Tennessee court is the more appropriate forum to determine the custody of the child(ren); or
No court of any other state would have jurisdiction under the criteria specified in any of the other options above.

Provisions for Court Jurisdiction Under the UCCJEA

Importantly, under the UCCJEA, subject to a couple of important exceptions, when a court makes an initial child custody determination, that court generally retains exclusive, continuing jurisdiction to modify the child custody determination until the child reaches adulthood. Certain provisions of the UCCJEA govern jurisdiction to modify custody and stipulate that a court of a “new” state may not generally modify a custody determination made by a court of the “earlier” state unless certain conditions are met. Generally speaking, a court other than the court originally issuing the child custody determination will have jurisdiction to modify the previous custody determination under emergency circumstances or when the child(ren), the child(ren)’s parents, and any person(s) acting as a parent no longer reside in the state that made the initial child custody determination. A court of a “new” state may also have jurisdiction to modify a prior custody determination if the issuing state determines that it no longer has exclusive, continuing jurisdiction under the UCCJEA, and that the court of the “new” state would be a more convenient forum.

Why You Should Care

When it comes to interstate child custody disputes, the question of jurisdiction is often a threshold matter that must be addressed before any other issues can be handled. Moreover, the question of jurisdiction under the UCCJEA can be extremely complicated, and can have important effects on the adjudication of a custody case that could last for months or years. Due to the paramount importance of the well-being of children and the impact the adjudication of these issues can have on a child custody case, it is crucial that you promptly seek the advice of knowledgeable and experienced legal counsel if you are involved in an interstate or emergency custody dispute.

If you are involved in an interstate or emergency custody dispute, Cole Law Group’s Nashville family law attorneys can help. Give us a call at (615) 490-6020 to schedule a consultation.

Am I Eligible for an Annulment in Tennessee?

Andy Goldstein — Wed, 18 May 2022 18:36:04 GMT

Am I Eligible for an Annulment in Tennessee??

When a couple seeks to end their marriage in Tennessee, the termination of the marriage is generally accomplished through divorce. The divorce process usually commences with one spouse filing for divorce in a Tennessee court of competent jurisdiction. Once the divorce litigation is initiated, it will progress in either an uncontested or contested fashion. In uncontested divorce cases, the divorce is finalized upon the court approving and incorporating a Marital Dissolution Agreement (and a Permanent Parenting Plan if there are minor children born of the marriage) into a final judgment of divorce. In contested divorce cases, the parties are unable to agree on a Marital Dissolution Agreement (and Permanent Parenting Plan if applicable), and the divorce is finalized by a trial judge upon the entry of a final judgment of divorce after a trial.

There is, however, a rare alternative to divorce: annulment. Annulment is only available if grounds for annulment existed at the time a couple married. In other words, there must have been a defect in the marriage from its inception that renders it subject to annulment, and the spouse seeking the annulment has the burden to prove that the defect existed at the time of the marriage. Simply put, grounds for annulment in Tennessee do not arise after a couple marries, although they may be grounds for divorce.

In Tennessee, marriages subject to annulment are either void or voidable.

A void marriage is one that can be annulled during the lifetimes of the couple, but may also be challenged after the death of either or both of the spouses. If a marriage is void, it is invalid from the moment of its inception – sometimes, this is referred to as being void ab initio. Even if a marriage is void, it is still generally useful to bring a formal annulment proceeding in a court of competent jurisdiction so the court can make clear the marital status of the parties and adjudicate any issues related to children or property. Marriages that are prohibited by law are void.

A voidable marriage, however, is a marriage that is valid unless and until it is annulled. Importantly, a voidable marriage can only be annulled during the lifetime of the parties. If one of the spouses in a voidable marriage dies, the marriage will no longer be able to be annulled, and it will thereafter be considered a valid marriage even though it may have been voidable before the death of one of the spouses.

Under Tennessee law, there are several grounds for annulment, and these grounds are further divided between void marriages and voidable marriages.

A marriage is void from the beginning under the following circumstances:

when either party was already lawfully married (bigamy);
when the parties are within prohibited degrees of kinship, closer than first cousins (incest);
when, for any other reason, the marriage was prohibited by law, and its continuance is in violation of law.^[i]

A marriage is voidable from the beginning under the following circumstances:

when either party was insane;
when the complaining party was under duress;
when one of the parties was under the age of consent at the time of the marriage;
when the consent to marry was obtained by force, fraud, or was given by mistake;
when the defendant was impotent;^[ii] ^[iii]

Although many couples may prefer for their marriage to end in annulment rather than divorce, in Tennessee the overwhelming majority of marriages end in divorce rather than annulment. This is partially because, although annulment is possible or even required under certain circumstances, the grounds for annulment are often narrowly construed, and most couples simply do not meet the necessary legal criteria to have their marriage annulled.

If you believe that your marriage is void or voidable and that annulment may apply to your marriage, you should seek the advice of a knowledgeable Nashville divorce attorney as quickly as possible. Annulment plays an important role in domestic relations law in Tennessee, and even if annulment is found to not apply in your particular situation, it may lead you to analyze other factors that could be relevant to divorce. Contact Cole Law today at 615-490-6020 to schedule a consultation and learn more about whether annulment may be an option for you.

ABOUT THE AUTHOR: Andy Goldstein

Andy Goldstein is an Associate Attorney at Cole Law Group. He is a graduate of Belmont University College of Law and is admitted to practice in Tennessee state courts, the United States District Court for the Middle District of Tennessee, the United States District Court for the Western District of Tennessee, the United States District Court for the Eastern District of Tennessee, the United States Court of Appeals for the Sixth Circuit, and the Immigration Courts of the Executive Office for Immigration Review (EOIR). Andy focuses his practice in the areas of Family Law, Defamation & Privacy, Probate, and Complex Civil Litigation. Cole Law Group clients benefit from Andy’s passion for the law and dedication to serving them well.

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an experienced lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

^[i] Coulter v. Hendricks, 918 S.W.2d 424, 426 (Tenn. Ct. App. 1995) (quoting 2 Gibson’s Suits in Chancery § 1147 note 10 (5th ed. 1956)) (citations omitted).

^[ii] For the ground of impotence to sustain an annulment under Tennessee law, one spouse must be physically unable to have intercourse, the impotence has to be permanent, and the impotence must have existed before the marriage.

^[iii] Coulter v. Hendricks, 918 S.W.2d 424, 426 (Tenn. Ct. App. 1995) (quoting 2 Gibson’s Suits in Chancery § 1147 note 10 (5th ed. 1956)) (citations omitted).

An Overview of Interstate and International Custody Disputes in Tennessee

Andy Goldstein — Wed, 18 Sep 2019 16:32:30 GMT

There are arguably no situations more pressing or serious than those involving the custody of your children. In the context of divorce, determining child custody is often the most contentious aspect of the entire lawsuit, and despite issues of property division and alimony often becoming hotly contested issues in their own right, both parents often find themselves fighting with their greatest vigor to protect their right to control the upbringing and development of their children after the bonds of legal matrimony are finally dissolved. If the parents never married, disputes over child custody can become the sole contested issue in a legal dispute. Under Tennessee law, child custody can become an issue in a myriad of different family law proceedings.

Nevertheless, while many parents may think that custody disputes are something that always get resolved at the local courthouse, legal disputes over child custody can often traverse several states or even several countries. To make matters even more complicated and pressing, one parent may take physical custody of the children without the knowledge or consent of the other parent, and it may not even be clear where the children are located or who is with them at the time a parent wants to file a legal action for custody in such exigent circumstances.

For example, imagine a situation in which you have been married to your spouse for approximately fifteen years and you have two minor children, ages twelve and fourteen. One day, after working long hours, you come home to find a note from your spouse saying, “I just can’t take this anymore. I’m leaving and I’m taking the kids with me. I think we may eventually stay with my parents but I’m not sure when. Don’t try to follow us.” After reading the note several times over, you frantically search the house only to find that both of your children are gone, many of their clothes are missing from their closets, and neither the children’s passports nor suitcases are anywhere to be found. In what seems like the blink of an eye, your children are gone, and you don’t know when – if ever – you may see your children again. What can you do?

Although this terrifying scenario may seem beyond imagination, the above situation is unfortunately something that can happen to parents far too often and easily, both in Tennessee as well as the rest of the country and the world. If your spouse or partner decided to take your children and travel to another state or even another country with them, what are your options? What are your options to protect your children and see them again?

In a child custody emergency such as the situation described above, you must first ascertain what your legal rights are and where you may be able to exercise them. Depending on the specific circumstances of your case, you may need to seek relief in a state court encompassing the residence of your children prior to their sudden removal or abduction. However, depending on how long your children resided in the state of your current residence, and further depending on where (if known) the children have been taken and other specific factual circumstances, it may be necessary to seek relief from a court in a different jurisdiction. It is very important to speak with a Nashville family law attorney knowledgeable about interstate and international custody disputes as quickly as an emergency arises to take prompt and effective action to attempt to regain custody of your children. Time is of the essence in such matters, and your ability to respond quickly and effectively may make the difference between preserving your parental rights or effectively losing them for months or even years.

There are primarily three different sets of laws that apply to interstate and international custody disputes: (1) the Uniform Child Custody Jurisdiction and Enforcement Act (the “UCCJEA”), (2) the federal Parental Kidnapping Prevention Act of 1980 (the “PKPA”), and (3) the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”).

A version of the UCCJEA has been implemented and is currently in force in every state. The UCCJEA is intended to provide uniformity and the reduction of uncertainty as it relates to interstate child custody determinations. The PKPA – a federal law that extends the requirements of the Full Faith and Credit Clause of Article IV, Section 1 of the United States Constitution to state-level custody determinations – is binding on the states. Essentially, the PKPA provides a rule of decision in interstate custody disputes by forcing one State to enforce a child custody determination entered by a court of a different State, so long as the court of the first State entering a child custody determination did so consistently with the provisions of the PKPA.

Simply put, the UCCJEA governs state-level interstate child custody determinations, the PKPA mandates that other states enforce valid child custody determinations made by previous states in accordance with the PKPA, and the two laws work together to determine and enforce child custody determinations throughout the United States.

Under Tennessee’s version of the UCCJEA, a court will first determine if it has jurisdiction to make an initial custody determination. If an initial custody determination has already been made and is in effect from the court of another state, the Tennessee court will analyze whether it has jurisdiction to modify the custody determination of the state making the prior custody determination, or if the initial or prior custody determination should be enforced pursuant to the PKPA.

In undertaking the analysis of whether another state’s custody determination complies with the PKPA, the Tennessee court must determine if the state court that issued the prior custody determination (1) exercised jurisdiction in accordance with its own law, and (2) exercised jurisdiction in accordance with the jurisdictional provisions of the PKPA. As the United States Supreme Court has explained, “Once a State exercises jurisdiction consistently with the provisions of the PKPA, no other State may exercise concurrent jurisdiction over the custody dispute and all States must accord full faith and credit to the first State’s ensuing custody decree.” Thompson v. Thompson, 484 U.S. 174, 108 S.Ct. 513 (1988).

Importantly, the Hague Convention (beyond the scope of this article) largely governs international custody disputes and can add another degree of complexity as it relates to the law surrounding child custody determinations. Indeed, even this article barely scratches the surface of the law pertaining to the UCCJEA and PKPA. Given the importance of the issues involved in interstate and international child custody disputes, and the risks of irreparable harm and possibly never seeing your children again should you lose, it is extremely important that you engage the services of an attorney familiar with the law of the UCCJEA, PKPA, and Hague Convention in such situations. While not all of these laws will always apply in every case, and different action(s) may be needed depending on the specific facts of your case, the importance of immediately taking effective legal action in a court of competent jurisdiction can often make the difference between thwarting a parental kidnapping or losing your children for months or years.

Cole Law Group focuses on rapid legal responses in emergency custody disputes. If you find yourself in need of legal assistance and in the midst of an interstate or international custody dispute, Cole Law Group’s Nashville family law attorneys focus on providing rapid legal responses in emergency custody disputes and would be happy to help. Give us a call at (615) 490-6020 to schedule a consultation.