Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Family Law Custody topic
No spam. Unsubscribe anytime.
Committee advances bill creating rebuttable presumption of equal parenting time; lawyers and advocates urge caution
Summary
Senate Bill 13-31 would create a rebuttable presumption that shared (roughly 50/50) parenting time is in the child's best interest. Family-law groups and child-safety advocates testified against the presumption, arguing it would raise burdens and present risks in domestic-violence cases; the committee advanced the bill to calendar.
Senate Bill 13-31 would add a statutory presumption in family-law proceedings that shared fiscal custody and equal parenting time is the starting point in custody disputes. Sponsor Senator Blake Music said the measure is intended to prioritize relationships with both parents and provide children the stability of meaningful time with each parent.
Opponents — including the Tennessee Bar Association Family Law Executive Council and family-law practitioners — strongly opposed the presumption. George Spanos, chair of the TBA Family Law Executive Council, told the committee the change would create a procedural burden: "A presumption is something that has to be overcome ... you're starting with this, 1 size fits all," he said, warning that the statutory factors judges use today are fact-intensive and that the presumption would force a two-step analysis and more litigation.
Witnesses also reported that many custody arrangements already create meaningful parenting time and that adding a presumption could have unintended consequences in cases involving domestic violence or safety concerns. Proponents argued shared parenting generally improves academic and health outcomes for children and that the statute should reflect that evidence.
Committee action: After extended testimony and questions the committee voted to advance the bill to the calendar.
Why it matters: Custody presumptions shift the procedural and evidentiary landscape in divorce and custody proceedings. Lawyers warned it would increase litigation and complicate evidence burdens; supporters argued the change would encourage meaningful contact with both parents.
Next steps: The bill was placed on the Senate calendar for further consideration and possible amendment on the floor.
