Tennessee Code Annotated

Title 36: Domestic Relations

Chapter 6: Child Custody and Visitation

Part 3: Visitation

TCA 36-6-308: Petition for assignment of visitation rights to legal or biological relatives while parent out of the state on active duty military service.

(a) If a parent has been granted court-ordered visitation with that parent's minor child or children, and if that parent has been called to active duty service in the armed forces and the active duty service requires the parent to be out of the state for a period of at least ninety (90) days, then that parent may petition the court with jurisdiction of the order granting visitation for a modification of that order for the temporary assignment of that parent's visitation rights to a legal or biological relative or relatives. The parent shall be joined in the petition by the relative or relatives to whom the parent is seeking to assign visitation rights. The petition shall include a proposed visitation schedule with the relative or relatives that shall not exceed the visitation time granted to the parent at the time of filing the petition.

(b) The court may grant the petitioner's request for assignment of visitation if the court finds that visitation on terms that the court deems appropriate would be in the best interest of the child.

(c) An order granting an assignment of visitation rights pursuant to this section shall terminate immediately upon the termination of the petitioner's term of out of state active duty service in the armed forces.

(d) For purposes of this section, "armed forces" means the national guard and the reserve components of the armed forces, the United States army, the United States navy, the United States marine corps, the United States coast guard, and the United States air force, and any other branch of the military and naval forces or auxiliaries of the United States or this state.

History: Acts 2009, ch. 442, SC 1; 2012, ch. 770, SCSC 1, 2.