Committee rejects proposed presumption of 50/50 parenting time after lengthy debate and public testimony

House Bill 11 31, a contentious measure that would have set a rebuttable presumption that joint legal custody and equally shared parenting time are in the child’s best interest “whenever possible,” failed in the House Judiciary Committee after an extended public hearing and legal debate.

Sponsor Representative Parkinson said the bill simply sets a starting point for custody cases and does not bind judges, adding that the measure was intended to prioritize both parents’ involvement “whenever possible.” He argued that the presumption would provide a neutral baseline and encourage parental cooperation.

But opponents — including family law practitioners, the Tennessee Bar Association Family Law Committee and domestic‑violence advocates — urged the committee to reject the approach. Family law attorneys and judges told the committee judges already maximize parenting time under current law and that imposing a presumption risks undermining individualized “best interest” determinations. The Tennessee Bar Association’s family‑law chair testified that judges and practitioners across the state opposed the bill and warned it could produce unintended effects, including discouraging victims of domestic abuse from seeking divorce or protection.

Public testimony included parents and mental‑health professionals who described both personal experience and research on shared parenting. Some clinicians told the panel that shared parenting shows benefits in many cases, while advocates for survivors of abuse and parents with substantiated protective issues warned the presumption could endanger children or coerce reunification in unsafe circumstances.

After debate the committee voted 3 ayes, 16 noes, 2 present not voting. The bill failed to advance.