Tracking 2025 Family Law Legislation in Tennessee

Get a jump on 2025 family law legislative trends by tracking several bills introduced in the 114th Tennessee General Assembly. First up – bills already signed into law by the governor. (Note: Public Chapter numbers will be added when available through the Secretary of State.)

NEW LAWS IN 2025

Protective Orders and the Voyeurism Victims Act

Governor Lee signed the “Voyeurism Victims Act” into law on March 25, 2025 (Public Chapter 62). Unlawful photography victims who discover they were surreptitiously or secretly recorded have more time to pursue protective measures, namely orders of protection. Sections 1 and 2 of the act amend T.C.A. § 39-13-605, criminal offenses against the person, and take effect July 1, 2025. All other sections of the act took effect upon becoming law, including family law amendments.

Why is this VVA important?

The act expands the criminal offense of unlawful photography to include any unauthorized photograph that the defendant knew would contain the unclothed intimate area of the victim or the victim engaged in sexual activity. The VVA authorizes the issuance of an order of protection for a person who has been subjected to, threatened with, or placed in fear of unlawful photography.

Which family laws were amended?

Specific to domestic violence in family law, amendments to § 36-6-601, 36-3-602(a) and (c), 36-3-605(b), 36-3-606(a), 36-3-613(a), and 36-3-617(a) are now law. In terms of obtaining protective orders against perpetrators, the act places unlawful photography victims alongside victims of domestic abuse, stalking, sexual assault, even human trafficking.

Importantly, new subsection (g) was added to § 39-13-605. Beginning July 1, the limitations period for criminal prosecutions will be “tolled for any period during which the defendant conceals the crime until such time at which the victim discovers the crime.” To toll the limitations period means to suspend or delay it. The limitations clock resumes ticking when the person discovers he or she is the victim of unlawful photography.

Forensic Interviews of Child Victims

The governor signed SB0304 into law on April 11, and the act is now in effect. (Public Chapter TBA.) This act still allows introduction into evidence a video recorded interview conducted by a forensic interviewer wherein the child interviewee made a statement regarding sexual contact or physically violent contact against himself or herself.

What is new? Foundationally, either the interviewed child or the forensic interviewer who conducted that session must testify under oath as to the authenticity of the recording as “true and correct.” The child victim need not testify as to the recording’s authenticity so long as the forensic interviewer can and does. Regardless, the child must be available for cross examination. (Amends Title 24, Chapter 7.)

Although the act did not amend Title 36, it may influence how independent forensic child custody evaluators conduct and preserve video-recorded interviews. For more information about independent child custody evaluations, visit https://memphisdivorce.com/independent-child-custody-evaluation/.

Protecting Teenage Students Online

On April 11, the governor also signed HB0825 into law creating the new Teen Social Media and Internet Safety Act (§ 49-6-4601, et seq.). In the act, schools serving students grades six through 12 will be required to adhere to new social media and internet safety curricula. Section 1 of the act is already in effect. Section 2 amends § 49-1-221(a)(1) effective July 1, 2025.

BILLS PENDING IN THE 114TH GENERAL ASSEMBLY

Now let’s look at some of the family law bills still wending their way through the legislative process. These bills regard:

1. Marriage
2. Child Custody and Support
3. Child Abuse and Neglect
4. Domestic Violence

Tennessee Covenant Marriage Act

Cross-filed bills – HB0315/SB0737 – introducing the “Tennessee Covenant Marriage Act” seem to have stalled. The act would, in part, amend Title 36 by adding a new part to the marriage chapter – § 36-3-201, et seq.

The act would create a covenant marriage contract option, available only between adult opposite sex couples. (The sticking point?) Parties desiring a covenant marriage understand and agree that marriage is a lifelong relationship. The main requirement is premarital counseling with a focus on the nature, purposes, and responsibilities of marriage. The parties also agree to do their best to preserve their marital relationship, which includes marriage counseling.

            What if they are already married?

The act would allow any married man and woman to convert their traditional marriage – licensed in Tennessee or elsewhere – into a covenant marriage. A “declaration of intent” to create a covenant marriage includes the parties’ statement, affidavit, and notarized attestation, all of which would be filed with the appropriate county clerk.

            What are grounds for divorce from a covenant marriage?

The grounds for divorce from a covenant marriage would be limited to circumstances where “there has been a complete and total breach of the marital covenant commitment.” Only then may the “non-breaching party seek declaration that the marriage is no longer legally recognized.” The legislation sets forth specific grounds for divorce, such as adultery, abandonment, felony incarceration, and legal separation. The types of lawsuits spouses can bring against each other prior to legal separation are also specified.

            Status Update: Initially, HB0315 was assigned to the Judiciary Committee’s Children and Family Affairs Subcommittee. On March 4, however, the bill was taken off notice for calendar and removed temporarily from the legislative calendar. As for SB0737, there has been little action by the Senate since February 12 when it passed on second consideration.

2. CHILD CUSTODY AND CHILD SUPPORT

Non-Custodial Parent’s Right to Unimpeded Conversations with the Child

Currently, a parent who is not in possession of his or her child (for instance, during the other party’s parenting time) has the right to unimpeded telephone or video conference conversations twice a week with the child. The proposed legislation would increase the minimum number of such conversations to three times a week by amending § 36-6-101(a)(3)(B)(i). This assumes the necessary technology is available to both parent and child.

While the legislation proposes a simple, singular change to the statute, the potentially positive impact is notable. Increasing opportunities for the non-custodial parent to converse with the child could have, hopefully would have, a material impact on the parent-child relationship.

            Status Update: HB0590 has been held on the House desk since February 5 pending amendment. On February 12, SB0609 was referred to the Senate Judiciary Committee.

Child Custody Factors and Parenting Plans

This legislation would amend the § 36-6-106(a) list of child custody factors in one significant way. Under current law, a factor the court considers is “(16) Whether a parent has failed to pay court-ordered child support for a period of three years or more.” (§ 36-6-106(a)(16)). The cross-filed bills – HB0492/SB0540 – would have the court consider any failure to pay court-ordered child support in its custody determination. This represents a shift against the alternate residential parent found to be in arrears, even temporarily, because of an employment change, infirmity, relocation, or other circumstance. Judicial consideration of any missed, possibly merely late, child support payments could negatively affect a parent’s case for custody or parenting time.

If passed, the act would also amend § 36-6-406(d)(1) regarding the court’s authority to add restrictions to parenting plans (temporary and permanent). In the best interests of the child, the court could preclude or limit any provision of a parenting plan if, after hearing, it finds “neglect or substantial nonperformance of parenting responsibilities, including the failure to pay court-ordered child support,” among several other limiting factors.

In grandparent visitation cases, the act would provide for awards of reasonable attorney’s fees and litigation expenses to either party.

            Status Update: SB0549 moved swiftly to a floor vote on March 6 (Ayes 26, Noes 3, and PNV 1), was engrossed, readied, and transmitted to the House on March 10th. On April 15, substituted SB0549 passed a House floor vote (Ayes 75, Noes 17, PNV 2). Will the governor sign this legislation? Likely.

Parental Access to All of the Child’s Medical Records

Should parental access to a 16-year-old child’s medical records include access to records of treatments provided without parental consent? If HB0853/SB0259 becomes law, then the answer would be “Yes.” Including access by the parent with legal decision-making authority over healthcare and medical matters.

Among other things, the act would amend § 36-8-103(c)(4) to allow parents access and review of all the child’s health care records (medical and mental health). This covers treatments to unemancipated minors that occurred without parental consent, meaning parental access would no longer be limited to prescription records of an older child.

Status Update: Both bills are in committee.

3. CHILD ABUSE AND NEGLECT

Numerous bills have been introduced in the House and Senate regarding child abuse and child neglect, including the following:

On felony child abuse, HB0045/SB0693 would heighten the penalty – from a Class A misdemeanor to a Class E felony – the offense of child abuse. Felonious abuse is tied to the victim’s age. The salient question is whether the defendant knowingly inflicted injury on a nine-year-old to 17-year-old child.

            Status Update: The floor vote of the House passed HB0045 on April 14 (Ayes 94, Noes 0, PNV 1), engrossed, readied, and transmitted to the Senate. On April 17, SB0693 was placed on the Senate Consent Calendar.

On the meaning of child neglect, SB0560 would amend 36-1-102(1)(D) and 36-1-113. The legislation attempts to help keep families together despite poverty or profound change of financial circumstances. Essentially, a financially strapped parent’s nonpayment of support may not equal child neglect.

Was the failure to meet a child’s needs solely due to financial hardship? Standing alone, that may not rise to the level of child neglect. Did the financially strapped parent look a gift horse in the mouth? Neglect follows financial hardship if the parent was offered reasonable material resources, such as cash and housing assistance, but refused them. And then the child suffered as a consequence.

If passed, the act would apply in parental rights termination and adoption cases.

            Status Update: SB0560 passed a Senate floor vote unanimously on March 31. The House floor vote on substituted SB0560 also passed unanimously. This bill should soon land on the governor’s desk. Will Governor Lee sign it? Very likely.

• Allowing kids to be kids, HB1170/SB1259 would remove from the definition of child neglect a parent’s permitting those independent activities a child of sufficient age and maturity would normally do. (Child maturity being the ability to avoid harm or unreasonable risk of harm.) Parents would not be neglecting their children by allowing them to walk, run, or bike to school. Or go outside and play. Or be home alone for reasonable periods.

            Status Update: HB1170 failed in House committee on March 11 while SB1259 was referred to Senate committee on February 12.

• On child abuse, SB1241 includes a child who is witness to abuse – abuse of another child in the home or of domestic violence of an adult in the household – as also the victim of child abuse.

(According to the DOJ Office of Victims of Crime, vicarious trauma is real. Even with adults who routinely assist victims through their work.)

            Status Update: An April 15 floor vote in the Senate unanimously passed SB1241. The following day, the House passed substituted SB1241 (Ayes 94, Noes 0, PNV 1). The legislation should be on the governor’s desk soon. Will it become law? Very likely.

• Regarding token support by a putative father, SB1052 would define “token financial support” made by the child’s biological father or alleged biological father as including payments that are minimal, infrequent, or short in duration. Such perfunctory payments can be a tactic to establish the person as a putative father. If passed, the law would apply in cases of parental rights termination and adoption.

            Status Update: SB1052 passed the Senate floor vote on April 7 (Ayes 27, Noes 5). Substituted SB1052 passed the House floor vote on April 16 (Ayes 86, Noes 0, PNV 3). This bill should soon reach the governor. Will it become law? Likely.

• Regarding child abandonment, HB0386/SB0262 would redefine “infant” as a newborn child up to six weeks old (45 days). Currently, an infant is newly born up to two weeks old (14 days). This bill would allow substantially more time for the mother to voluntarily surrender her baby. She would still have to deliver her infant to an authorized facility, such as a hospital, fire station, or newborn safety device (Safe Haven Baby Box). In doing so, she would not incur criminal liability or be charged with abandoning her baby. The proposed legislation would amend 36-1-102(1)(A)(v), 36-1-142(a), and 68-11-225.

Status Update: HB0386 was placed on the regular House calendar for April 21. SB0262 passed a Senate floor vote unanimously on March 17. If the legislation also passes the House, will the governor sign in into law? Very likely.

4. DOMESTIC VIOLENCE

Domestic violence is another area where there has been significant legislative activity, including the following.

Shelby County Courts Entering Orders of Protection

Passage of SB0406 will amend § 36-3-601(3)(E) so that, in addition to the general sessions courts, Shelby County criminal courts can also hear petitions for orders of protection sought by victims of domestic abuse, sexual assault, or stalking. Caveat: Only petitions for protective orders in conjunction with the criminal matters before the court fall under the bill.

            Status Update: Unanimously passed the Senate (March 24) and the House (April 14), SB0406 is on its way to the governor. Will it become law? Very likely.

Abrial’s Law Revisited

Among other things, SB0943 would amend § 36-6-702(a), also known as “Abrial’s Law, the Keeping Children Safe from Family Violence Act.” If passed, then the CLE custody courses already required of judges would increase from two hours per year to three hours. The required hours of CLE or training on child abuse topics would likewise increase from 10 hours to 15 hours per year.

           Status Update: SB0943 unanimously passed the Senate in an April 7 floor vote. On April 14, substituted SB0943 unanimously passed the House. Once signed by the speakers, the bill will head to the governor. Will it be signed into law? Very likely.

Savanna’s Law and Persistent Domestic Violence Offenders

If HB1200/SB0324 becomes law (“Savanna’s Law”), then a specific registry will be created within the Tennessee Bureau of Investigation (TBI) for persistent domestic violence offenders. These are pertinacious domestic violence offenders who, by definition, have at least one prior DV conviction. (In § 36-3-601, a domestic violence victim may be an adult or a minor.) The legislation namely amends Title 40, Chapter 39, by adding a new part § 40-39-401, et seq.

The TBI registry of persistent domestic violence offenders would house information about each defendant including, but not limited to, his or her name, current photograph, DOB, date convicted, and county where convicted. The registry will be made available online to the public. How long a defendant’s name remains on the registry will depend on the number of prior domestic violence convictions. If one prior DV conviction, then two years on the TBI registry. If two DV priors, then five years. If three or more DV priors, then 10 years.

Savanna’s Law commemorates the 2022 death of Savanna Puckett, a Robertson County Sheriff’s Deputy who was murdered by a defendant with domestic assault priors.

            Status Update: Savanna’s Law is advancing through both chambers. Having unanimously passed an April 16 House floor vote, HB1200 was transmitted to the Senate. Meanwhile, SB0324 was placed on the Senate Calendar.

That’s all for now. Just remember that proposed legislation does not always follow a neat path. Bills that pass both chambers are sometimes greeted by the governor’s veto. Double check to be sure the statutory provisions you plan to use in your case are indeed current.

 

 

 

 

The post Tracking 2025 Family Law Legislation in Tennessee first appeared on Miles Mason Family Law Group, PLC.