Can you Modify your prior Child-Custody Determination from another State if you have Moved to Tennessee?
If you have moved to Tennessee, or will be moving to Tennessee in the near future, and have a judgment determining child custody from another state that needs to be enforced or modified, then here are some things to know about if you will be able to modify your child custody determination. This article will only speak as to the possibility of modification of an order from another state, not the enforcement of the prior order. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs the enrollment, enforcement, and modification of foreign orders in Tennessee. If you are seeking to modify a judgment determining child custody from another state, then you should consult with a lawyer to see if Tennessee Code Annotated §36-6-216 and § 36-6-218 apply to you.
Tennessee Code Annotated § 36-6-218 governs if the Tennessee courts have jurisdiction to modify your child custody order from another state. T.C.A. § 36-6-218 states that a Tennessee court may not modify a child custody determination from another state unless a Tennessee court would have had jurisdiction to make an initial child custody determination under T.C.A. § 36-6-216(a)(1) or (2), and a Tennessee court determines that neither the child, nor the child and one (1) parent has a significant connection with their home state and that substantial evidence is no longer available in the home state concerning the child’s care, protection, training, and personal relationships.
This means that the child and one parent have moved from another state to Tennessee, and have established a permanent residence in Tennessee, enrolled in schooling in Tennessee, and have established relationships in Tennessee to the extent that it appears that the child and parent will not return to their home state. Or, a Tennessee court or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.
Tennessee Code Annotated § 36-6-216(a)(1) states that 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 legal action. A Tennessee court still has jurisdiction if the child is no longer in Tennessee at the time of commencement, but Tennessee was the home state of the child within six (6) months before the commencement of the legal action and a parent continues to live in Tennessee.
Tennessee Code Annotated § 36-6-216(a)(2) gives the Tennessee courts jurisdiction if a court of the home state of the child has declined to exercise jurisdiction because Tennessee is a more appropriate forum to hear the modification action, and
(A) The child and the child's parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
(B) Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;
To summarize, a Tennessee court has jurisdiction to modify a child custody determination from another state if Tennessee is the home state of the child on the date of commencement of the legal action, or was within six months prior to filing if the child is no longer in Tennessee and one parent remains in Tennessee. Also, the child and one parent have moved from another state to Tennessee and established a substantial connection to Tennessee that is more than a mere physical presence. For example, the child and parent have established a permanent residence in Tennessee, enrolled in schooling in Tennessee, and have established relationships in Tennessee to the extent that it appears that the child and parent will not return to their home state.
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