Custody

Tennessee Visitation Law - 2004

Senate Bill 2910/House Bill 2666

SECTION 1. Tennessee Code Annotated, Section 36-6-101(a)(2), is amended by deleting the language "or a residential parenting arrangement" from the first sentence of item (B).

SECTION 2. Tennessee Code Annotated, Section 36-6-101(a)(2), is further amended by adding the following language as a new item (C):

(C) If the issue before the court is a modification of the court's prior decree pertaining to a residential parenting schedule, then the petitioner must prove by a preponderance of the evidence a material change of circumstance affecting the child's best interest. A material change of circumstance does not require a showing of a substantial risk of harm to the child. A material change of circumstance for purposes of modification of a residential parenting schedule may include, but is not limited to, significant changes in the needs of the child over time, which may include changes relating to age; significant changes in the parent's living or working condition which significantly affect parenting; failure to adhere to the parenting plan; or other circumstances making a change in the residential parenting time in the best interest of the child.

SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.

Signed by Governor May 24, 2004.