Tennessee Code Annotated

Tenn. Code Ann. § 36-1-123 (2026)

Biological parents illegally obtaining custody of a child - Custodial interference - Survival of existing restraining order

✓ current as of May 2026

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(a) Any biological or prior legal parents or guardian whose rights to a child have been terminated by order of any court under this part or any other title or by the laws of any other state or territory, or foreign country, or by a surrender, parental consent, or waiver of interest, and who shall, otherwise than by legal process, obtain custody of the child shall be in violation of and shall be subject to prosecution pursuant to § 39-13-306.

(b) A restraining order or order of protection that restrains any person from contacting or otherwise interfering with a child and that is entered prior to the finalization of the adoption shall survive the adoption of the child unless such order is expressly set aside by the court that entered the order or the court hearing the adoption. Actions to enforce or modify such order post-adoption may be brought by the adoptive parent in the court that issued the order or in the court that heard the adoption.

Amended by 2022 Tenn. Acts, ch. 937, s 7, eff. 7/1/2022.

Amended by 2016 Tenn. Acts, ch. 919, s 17, eff. 7/1/2016.

Acts 1951, ch. 202, § 32 (Williams, § 9572.46); T.C.A. (orig. ed.), § 36-133; § 36-1-132; Acts 1995, ch. 532, § 1.

Notes of Decisions

Cited in 1 case, 1997–1997 · leading case: Anthony Earle McCann & Cynthia McCann v. Peggy McCann Patterson Weathers (Tenn. Ct. App. 1997).

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Anthony Earle McCann & Cynthia McCann v. Peggy McCann Patterson Weathers (Tenn. Ct. App. 1997). · cites it 2× “The only objection raised by the Grandmother related to the home study reports which the McCanns sought to introduce into evidence, and the trial court sustained this objection on the ground that the home studies T.C.A. § 36-1-123(a) (1991). constituted inadmissible hearsay.”

— Tenn. Code Ann. § 36-1-123(a) — 1 case

Anthony Earle McCann & Cynthia McCann v. Peggy McCann Patterson Weathers (Tenn. Ct. App. 1997). “The only objection raised by the Grandmother related to the home study reports which the McCanns sought to introduce into evidence, and the trial court sustained this objection on the ground that the home studies T.C.A. § 36-1-123(a) (1991). constituted inadmissible hearsay.”

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