Subcommittee advances 50-50 custody presumption bill and separate measure to strengthen child-safety findings

A Tennessee House Children and Families Subcommittee on March 18 advanced two measures that would change how family courts approach custody and require clearer findings when abuse or neglect is alleged.

House Bill 11 31, sponsored by Representative Parkinson, would "establish a rebuttable presumption that joint legal custody and equal parenting time are in the best interest of the child unless compelling evidence proves otherwise," Parkinson told the panel. "This bill ensures that equality is the starting point and not the exception," she said.

The measure prompted questions about judicial discretion. Michelle Fogarty of Legal Services told the committee that "under current law, there is a presumption that joint custody is in the best interest of a minor child where the parents have agreed to joint custody. Otherwise, there is no presumption for or against joint custody." Parkinson said she had consulted judges while drafting the bill and that judges would retain discretion to deviate from the presumption when warranted.

The panel also approved House Bill 12 55, presented by Representative Alexander and described at the hearing as "April's Law 2." Alexander said the bill relocates an abuse/neglect inquiry within Tennessee Code and requires judges to explain in writing whether TCA 36‑6‑406(a)–(d) applies to a case. "This ensures that parents and appeals courts can clearly see what factors influenced the trial court decision," Alexander said. The bill adds a best‑interest factor that asks whether a parent's custody or visitation had previously been reduced or restricted and directs that a parent ordered to supervised visitation because of abuse should pay the cost of supervision.

Why it matters: HB 11 31 would change the starting point for custody decisions across Tennessee courts, shifting the legal baseline toward equal parenting time unless a court finds otherwise. HB 12 55 aims to make courts’ reasoning in cases involving alleged abuse more transparent and to protect nonabusive parents from bearing the cost of supervised visitation.

Actions and outcome: The committee voted to send HB 11 31 as amended to full judiciary; the clerk recorded 5 ayes, 1 no, 0 present not voting. The committee voted to send HB 12 55 as amended to full judiciary; the clerk recorded 6 ayes, 0 nos, 0 present not voting. The subcommittee also approved House Joint Resolution 182 (a ceremonial resolution declaring June as "Nuclear Family Month"), which the clerk recorded as 6 ayes, 0 nos, 0 present not voting.

Discussion highlights: Several representatives spoke in favor of measures emphasizing father involvement and uniformity across courts. Representative Parkinson cited conversations with judges and examples from constituents to justify a uniform starting point. Representative Alexander emphasized child safety and transparent, written judicial findings. Legal Services clarified existing law's limitations on presumptions for joint custody.

Next steps: Both bills were reported out of the Children and Families Subcommittee and will proceed to the full Judiciary committee for further consideration.