A Complete Guide for Memphis and Shelby County Families Navigating Out-of-State Custody Disputes
After a divorce or separation, parents often move away from each other. When that happens, families in Memphis, Tennessee and across Shelby County, need to understand which state has the legal authority to decide child custody questions.
Tennessee courts, including those in Shelby, Tipton, and Fayette Counties, regularly handle complex multistate custody disputes. Whether you are trying to establish a new custody order, enforce an existing one, or modify a prior order from another state, this guide explains the legal framework that governs jurisdiction — and what it means for your case in Memphis.
While initial custody determinations are typically based on the child’s ‘home state‘ when you are seeking to modify that initial decision, the answer to who has jurisdiction becomes less clear. In this article, we will try to clear up some of the confusion and provide information to allow you to understand your rights.
What is the child’s home state and why is it important?
The basic legal framework for multistate custody disputes is found in Tennessee in the Uniform Child Custody Jurisdiction and Enforcement Act, commonly referred to as the UCCJEA. This law defines when a Tennessee court has the authority to act and when that authority is passed to another state.
At the outset, a Tennessee court’s authority to determine custody is defined by the Tennessee Code section 36-6-216 as the state which is the child’s home state at the time of the commencement of the litigation or was the home state for the 6 months preceding the filing of the litigation. The home state determination is important because it sets the baseline for jurisdiction. The Tennessee Code defines a child’s home state as
the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody proceeding.
T.C.A. sec. 36-6-205(7)It’s important to establish home state at the outset because in Tennessee, that forms the basis for the subsequent jurisdiction decisions.
Can home state be changed?
Yes, it can. Generally, but not always, a child’s home state is changed by the child and at least one parent permanently moving out of Tennessee for six (6) months before the filing of the custody dispute. However, a Tennessee appellate court recently clarified that this is not always the case.
In the case of Pinner v. Connatser, the Tennessee Court of Appeals clarified that a Tennessee court which was the child’s home state court for the initial decision did not lose jurisdiction simply by the child and one parent moving. In that case, the mother and child moved from Tennessee to Virginia after a Tennessee court had entered a child custody order. The mother argued that because she had moved with the child to Virginia, Tennessee had lost jurisdiction and it was now in Virginia. The appellate court disagreed. Finding that the Tennessee court did not automatically lose jurisdiction because the child had moved, the court went on to look at whether there were still “significant connections” between the child and Tennessee and whether “substantial evidence” was no longer available in Tennessee. In that case, the court found that because the child still had significant contacts with Tennessee (including summer camps, living arrangements in Tennessee, and the relationship with grandparents) and since no substantial evidence necessary for the decision was located outside of Tennessee, this state continued to have jurisdiction.
Is there some other basis for jurisdiction in another state?
Yes. Under Tennessee Code section 36-6-219, Tennessee courts can have emergency jurisdiction if a child is present in Tennessee and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse. Emergency orders under this provision are temporary in nature. They are designed to protect a child immediately, but a court with proper home state or significant connection jurisdiction will ultimately govern the long-term custody determination.
Can I modify my out-of-state custody order in Tennessee?
Maybe. One of the most common issues facing Memphis families is what happens when a custody order was issued by a court in another state and one or both parents now live in Tennessee. Can a Shelby County court modify that out-of-state order?
Under the UCCJEA, a Tennessee court generally cannot modify another state’s custody order unless one of the following conditions is met:
- The original state no longer has exclusive, continuing jurisdiction — meaning the child and all parties have left that state; or
- The original state has declined to exercise jurisdiction because Tennessee is a more convenient forum; or
- Tennessee has jurisdiction as the child’s home state.
The state that issued the original order retains exclusive, continuing jurisdiction as long as the child or any party continues to reside there. Just like in the Pinner case, if the issuing state still has a connection to the case, Memphis parents who want modifications typically need to file in that state — or demonstrate that all parties have left and Tennessee is now the appropriate forum.
Can I enforce my out-of-state child custody order in Tennessee?
Yes. In short, Tennessee courts are required to recognize and enforce valid custody orders issued by courts in other states under both the UCCJEA and the U.S. Constitution.
To enforce an out-of-state custody order in Tennessee, a parent may file a certified copy of the order with the appropriate Shelby County court — typically the Circuit Court or Chancery Court depending on the nature of the case. Tennessee courts can then enforce the order through the same mechanisms available for domestic orders, including contempt proceedings.
Conclusion
Understanding child custody jurisdiction can be difficult. Not only is it difficult for a normal person to understand, sometimes even the courts struggle with these issues. Our objective in representing our clients in Shelby, Fayette, and Tipton County is to clear up that confusion. If you are faced with a multi-state child custody matter, knowledge is important but experience with these issues is critical.
