HB0169Enacted

Amends TCA Title 4 and Title 36.

This bill authorizes a designation as joint primary residential parents or a waiver of the primary residential parent designation, as discussed below.<br /> <br /> Present law requires, for the purpose of all other state and federal statutes and any applicable insurance policies that require a designation of custody, that a parenting plan designate the parent with whom the child is scheduled to reside a majority of the time as the custodian of the child. In the absence of such a designation, the parent with whom the child is scheduled to reside a majority of the time is deemed to be the custodian for the purposes of such federal and state statutes. Present law also requires that a parenting plan contain a residential schedule that must designate the primary residential parent. <br /> <br /> This bill changes "custodian" to "primary residential parent" in the provisions for designation for purposes of state and federal law and insurance policies. This bill also adds authorization for parents to agree to a designation as joint primary residential parents or to waive the designation of a primary residential parent when the child is scheduled to reside an equal time with both parents. This bill also specifies that the address of either parent may be used to determine school zoning when the child is scheduled to reside an equal amount of time with both parents.<br /> <br /> Present law defines "residential schedule" as the schedule of when the child is in each parent's physical care, and it must designate the primary residential parent; in addition, the residential schedule must designate in which parent's home each minor child will reside on given days of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions. This bill revises this provision to require that the schedule designate a primary residential parent only when the child is scheduled to reside with one parent more than 50 percent of the time. <br /> <br />

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Overview

This bill authorizes a designation as joint primary residential parents or a waiver of the primary residential parent designation, as discussed below.<br /> <br /> Present law requires, for the purpose of all other state and federal statutes and any applicable insurance policies that require a designation of custody, that a parenting plan designate the parent with whom the child is scheduled to reside a majority of the time as the custodian of the child. In the absence of such a designation, the parent with whom the child is scheduled to reside a majority of the time is deemed to be the custodian for the purposes of such federal and state statutes. Present law also requires that a parenting plan contain a residential schedule that must designate the primary residential parent. <br /> <br /> This bill changes "custodian" to "primary residential parent" in the provisions for designation for purposes of state and federal law and insurance policies. This bill also adds authorization for parents to agree to a designation as joint primary residential parents or to waive the designation of a primary residential parent when the child is scheduled to reside an equal time with both parents. This bill also specifies that the address of either parent may be used to determine school zoning when the child is scheduled to reside an equal amount of time with both parents.<br /> <br /> Present law defines "residential schedule" as the schedule of when the child is in each parent's physical care, and it must designate the primary residential parent; in addition, the residential schedule must designate in which parent's home each minor child will reside on given days of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions. This bill revises this provision to require that the schedule designate a primary residential parent only when the child is scheduled to reside with one parent more than 50 percent of the time. <br /> <br />

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Sponsor

Lamberth, William

Details
Session

111th General Assembly

Introduced

January 28, 2019

Last Action

April 9, 2019

Comp. became Pub. Ch. 83

Subjects
Child Custody and SupportLocal Education AgenciesChildren

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