Custody

Custody
The judge is supposed to take into account a parent’s history of physical or emotional abuse towards you, the child, or anyone else, including the child’s siblings, when making a custody decision. However, the best interests of the child and other factors will also be considered, and the abusive parent may still receive custody rights.¹ If a parent has been convicted of any criminal sexual offense listed here against a minor, the judge will assume that the parent should not get custody.² Also, if a parent is under indictment for aggravated child abuse, child sexual abuse, or severe child sexual abuse, s/he cannot get any sort of custody while the criminal case is pending unless s/he can prove to the judge that s/he does not present a substantial risk of harm to the child.³

Visitation
Visitation may be awarded to a parent who has committed violence unless, after a hearing, the judge determines that visitation is likely to endanger the child’s physical or emotional health. If the judge determines that the non-custodial parent has physically or emotionally abused the child, the judge can require that visitation be supervised or that visitation is not allowed until such abuse has stopped or until there is no reasonable likelihood that such abuse will happen again.⁴ ­The judge can only award visitation under circumstances that guarantee the safety of the child. For example, the judge can order:

• that all visits must be supervised by a responsible adult or agency;
• the abusive parent to go to counseling;
• no overnight visits;
• that the child’s address be kept confidential; and
• anything else to keep the child safe.⁵

If a parent has been convicted of any criminal sexual offense listed here against a minor, the parent can only get supervised visitation if s/he is granted visitation at all.⁶

If a parent has willfully abandoned the child for 18 months or more, the parent’s residential time should be limited and s/he will likely be granted only limited visitation with the child. The term “willful abandonment” includes a situation where the parent substantially refuses to perform parenting responsibilities.⁷

Note: If a parent is given supervised visitation for any of the following reasons, there is what is called a “rebuttable presumption” that this parent will be responsible for paying all of the costs of the supervised visitation:

1. The parent willful abandoned the child for an extended period of time or substantial refused to perform parenting responsibilities, including failing to pay court-ordered child support;
2. The parent or someone living with the parent physically, sexually, or emotionally abused you, the child, or another person living with the child;
3. The parent or someone living with the parent was convicted of:
   
   1. incest;
   2. sexual exploitation, aggravated sexual exploitation, or especially aggravated sexual exploitation of a child;
   3. rape or aggravated rape;
   4. sexual battery or aggravated sexual battery;
   5. statutory rape, mitigated statutory rape, or aggravated statutory rape;
   6. sexual contact with a minor by an authority figure; or
   7. indecent exposure;
4. The parent or someone living with the parent has been found to be a sexual offender;
5. The parent’s ability to perform parenting responsibilities is reduced by:
   
   1. an emotional impairment;
   2. a physical impairment, or
   3. abuse of drugs, alcohol, or other substances;
6. The parent and child do not have emotional ties, or those emotional ties are considerably damaged (substantially impaired);
7. The child’s psychological development is in danger of being harmed by the parent’s emotional abuse (abusive use of conflict);
8. The parent hasn’t let you see the child for a long time without a good reason;
9.  The parent has criminal convictions that relate to his/her ability to parent or to the child’s welfare; or
10. There is any other factor or conduct that the judge finds will harm the child’s best interests.⁸  

¹ Tenn. Code § 36-6-106(a)(11)
² Tenn. Code § 36-6-101(a)(2)(A)(ii)
³ Tenn. Code §§ 36-6-101(a)(2)(A)(v); 36-6-112(c)(2)
⁴ Tenn. Code § 36-6-301
⁵ Tenn. Code § 36-6-107(b)
⁶ Tenn. Code § 36-6-101(a)(2)(A)(ii), (a)(2)(A)(iii)
⁷ Tenn. Code §§ 36-6-406(a)(1); 36-6-101(a)(2)(A)(iv)
⁸ Tenn. Code § 36-6-406(h)

You can file a petition to terminate the parental rights of the other parent if the parent has been convicted of:

• one of the following crimes against you that led to the conception of your child:
  • aggravated rape;
  • rape; or
  • rape of a child;¹
• one of the following crimes against any child, including a crime in another state that is substantially similar to any crime on this list:
  • aggravated child abuse and aggravated child neglect or endangerment;
  • aggravated rape of a child;
  • aggravated rape against a child;
  • aggravated sexual battery against a child;
  • aggravated sexual exploitation of a minor;
  • especially aggravated sexual exploitation of a minor;
  • incest against a child;
  • promoting prostitution of a child;
  • rape against a child;
  • rape of a child;
  • sexual battery by an authority figure towards a child;
  • statutory rape by an authority figure; or
  • trafficking for a commercial sex act towards a child;² or
• ^​one of the following crimes against you:
  • attempted first degree murder; or
  • attempted second degree murder.³

Note: A parent’s disability cannot be considered a reason to terminate parental rights unless the disability affects the parent’s ability to care for the child’s physical or mental well-being. A parent’s economic disadvantage by itself also cannot be the basis to terminate parental rights.⁴  

¹ Tenn. Code § 36-1-113(b)(2)(A)
² Tenn. Code § 36-1-113(b)(2)(B), (g)(11)(A)(ii)
³ Tenn. Code § 36-1-113(b)(2)(C)
⁴ Tenn. Code § 36-1-113(r)

Family reunification therapy is a process meant to fix or stabilize a relationship between a parent and a child that has been damaged or destroyed. A judge may order this type of therapy in a custody or divorce case to try to reestablish a family bond that is the subject of the court case.¹ 

In Tennessee, there are limits to when reunification therapy can be required. If the abusive parent has done any of the following, the judge can only order reunification therapy if the judge finds it to be in the best interests of the child:

1. “willfully abandoned” the child for an extended period of time;
2. substantially refused to perform parenting responsibilities;
3. committed physical or sexual abuse or a pattern of emotional abuse against the child, you, or another person living with the child;
4. been convicted of:
   1. incest;
   2. sexual exploitation of a minor;
   3. aggravated sexual exploitation of a minor;
   4. especially aggravated sexual exploitation of a minor;
   5. rape or aggravated rape;
   6. sexual battery or aggravated sexual battery;
   7. statutory rape;
   8. sexual contact with a minor; or
   9. indecent exposure;
5. been found to be a sexual offender; or
6. committed severe child abuse.²

An order of reunification cannot end contact between you and the child, and the judge cannot restore contact between the child and the abuser unless the judge believes the child will not suffer any additional abuse or harm.³  

¹ American Bar Association, Reunification: What Is It, What Is It Not, and What Does It Involve?  
² Tenn. Code § 36-6-703(b)
³ Tenn. Code § 36-6-703(b), (c)