Tennessee Code Annotated
Tenn. Code Ann. § 36-5-3003 (2026)
Transfer of support or custody cases
✓ current as of May 2026
- (a)
- (1) Except as provided in § 36-5-3001(b), a case that includes child support or custody provisions may be transferred between counties in this state without the need for any additional filing by the party seeking transfer by the filing of a request by the requesting party if:
- (A) The requesting party has served the nonrequesting party with the filing seeking the transfer; and
- (B) The nonrequesting party has not filed an objection within fifteen (15) days from the date the notice of the filing was mailed.
- (2) If the nonrequesting party files an objection pursuant to subdivision (a)(1)(B), the objection shall be in the form of a motion for review of the request in the transferor court. If an objection has been filed, the transferor court shall determine whether there is good cause for the transfer. If the court finds good cause for the transfer, it shall transfer the case.
- (1) Except as provided in § 36-5-3001(b), a case that includes child support or custody provisions may be transferred between counties in this state without the need for any additional filing by the party seeking transfer by the filing of a request by the requesting party if:
- (b) Upon receipt of a request, the case must be transferred by the clerk of the issuing court, without order of the court, to a court of competent jurisdiction in the county where the child or children reside if each of the following applies:
- (1) Neither the child or children, custodial parent/obligee, nor the noncustodial parent/obligor currently reside in the issuing county;
- (2) The child or children who are subject to the support or custody order currently reside in the county to which the case is to be transferred and have resided there for at least six (6) months; and
- (3) No objection has been filed pursuant to subdivision (a)(2).
- (c) A case may also be transferred for modification of support or custody to any court of competent jurisdiction in the county in which the noncustodial parent/obligor resides in this state with no six-month residency period if both the child or children subject to the support or custody order and the custodial parent/obligee reside outside this state and the custodial parent/obligee does not object after the provision of notice pursuant to § 36-5-3004. If objection is made, or if the requesting party does not seek immediate transfer without the six (6) month residency period, the requesting party may obtain transfer for modification of the order by demonstrating that the custodial parent/obligee and the child or children have resided outside this state for at least six (6) months. A transfer pursuant to this subsection (c) shall be initiated by written request of the requesting party or department pursuant to this part.
- (d) If the case has been transferred pursuant to this part, the fact that one of the parties or the child returns to the transferor county does not, by that fact alone, confer jurisdiction upon the previous transferor court. A transfer to the original issuing court requires compliance with the procedures of this part.
- (e)
- (1) "Custodial parent" for purposes of this part means the person with whom the child resides a majority of the time in a situation where there is an order of joint custody or where there exist parenting plans pursuant to chapter 6, part 4 of this title that address issues of custody.
- (2) "Custodial parent" for purposes of this part also includes, in addition to a biological or legal parent having legal custody of a child, an individual to whom legal custody of the child or children has been given by a court of competent jurisdiction.
Amended by 2016 Tenn. Acts, ch. 668,s 1, eff. 7/1/2016.
Acts 1997, ch. 551, § 5; 1998, ch. 1098, § 50; 2000, ch. 922, § 31.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 2000–2025 · leading case: Boyer v. Heimermann, 238 S.W.3d 249 (Tenn. Ct. App. 2007).
Boyer v. Heimermann, 238 S.W.3d 249 (Tenn. Ct. App. 2007). “Tenn.Code Ann. § 36-5-3003(b). The only grounds for objecting to the transfer of a case to another county in Tennessee are (1) that the child has not resided in the “transferee county” for at least six months, 27 or (2) that the child or one of the parties continue to reside in…”
In re C.A.R., 215 S.W.3d 376 (Tenn. Ct. App. 2006). “We have also determined that none of the parties have resided in Wilson County during the pendency of this litigation; therefore, as the mother has requested, the case should be transferred to Davidson County pursuant to Tenn. Code Ann. § 36-5-3003 . The mother and father of the…”
Buss-Flinn v. Flinn, 121 S.W.3d 383 (Tenn. Ct. App. 2003). “unless the context clearly requires otherwise: (1) “Child’s county” means the county in which the child who is subject to a support or custody order resides; [[Image here]] (7) “Issuing court” means the court that issues a support or custody order or renders a judgment…”
In Re Car, 215 S.W.3d 376 (Tenn. Ct. App. 2006). “OPINION In this domestic litigation regarding visitation, contempt and custody, the mother of the parties' only child contends inter alia the trial court erred by not transferring the case to Davidson County pursuant to Tenn.Code Ann. § 36-5-3003, and the evidence preponderates…”
Lynne Pilkerton Hudson v. Foster Eugene Hudson, Sr. (Tenn. Ct. App. 2010). “He claimed that, under Section 36-5-3003, transfer was permissive, not mandatory, and asserted that Mother’s transfer request was not timely and that she had unclean hands.”
Anderton v. Amari (Tenn. Ct. App. 2000). “Tenn. Code Ann. § 36-5-3003 (Supp. 1999)(emphasis added).”
Alena Wharton v. Robert Wharton (Tenn. Ct. App. 2008). “Tenn. Code Ann. § 36-5-3003 (2005). -4- Father’s argument as presented in his brief, as we understand it, is that Mother does not have standing under subsection (c) of the statute because she resides in Kentucky and not in Tennessee.”
Kendra C. Killian v. Aubrey D. Moore (Tenn. Ct. App. 2022). “However, Tenn. Code Ann. § 36-5-3003 provides that “a case that includes child support or custody provisions may be transferred between counties in this state” and sets forth the procedure for doing so.”
Benjamin Boatman v. Karuna Chaudhary Odziana (Tenn. Ct. App. 2025). “On March 2, 2023, Father requested that the action be transferred to the Circuit Court of Williamson County pursuant to Tenn. Code Ann. § 36-5-3003 (b) on the basis that, for over six months, neither of the parties had resided in Davidson County.”
Jeffrey Allen Welty v. Kimberly Dawn Welty (Tenn. Ct. App. 2010). “Welty asserted that “[Tennessee Code Annotated] § 36-5-3003(b) mandates the transfer of child issues to a court of competent jurisdiction when the parents do not continue to reside in the county where the decree was entered and when the child resides in another county for at…”
Stanley Arthur Lawson v. Vonda Lea (Lawson) Mattox (Tenn. Ct. App. 2005). “Consequently, on July 3, 2001, the trial court transferred the case to the Chancery Court for Rutherford County pursuant to Tenn. Code Ann. § 36-5-3003 (2001). The father’s motion’s to set aside the transfer was dismissed for failure to prosecute, and the Chancery Court for…”
IN Re Ethan R. (Tenn. Ct. App. 2017). “TCA 36-5-3003(b)(1) also provides provision for transfer of custody cases should everyone moves out of issuing court which is what happens in current proceeding that Mother respectfully requests your honorable court to transfer all custody matters to proper court in Ethan’s home…”
— Tenn. Code Ann. § 36-5-3003(a) — 3 cases
In re C.A.R., 215 S.W.3d 376 (Tenn. Ct. App. 2006). “We have also determined that none of the parties have resided in Wilson County during the pendency of this litigation; therefore, as the mother has requested, the case should be transferred to Davidson County pursuant to Tenn. Code Ann. § 36-5-3003 . The mother and father of the…”
In Re Car, 215 S.W.3d 376 (Tenn. Ct. App. 2006). “OPINION In this domestic litigation regarding visitation, contempt and custody, the mother of the parties' only child contends inter alia the trial court erred by not transferring the case to Davidson County pursuant to Tenn.Code Ann. § 36-5-3003, and the evidence preponderates…”
Lynne Pilkerton Hudson v. Foster Eugene Hudson, Sr. (Tenn. Ct. App. 2010). “He claimed that, under Section 36-5-3003, transfer was permissive, not mandatory, and asserted that Mother’s transfer request was not timely and that she had unclean hands.”
— Tenn. Code Ann. § 36-5-3003(b) — 4 cases
Boyer v. Heimermann, 238 S.W.3d 249 (Tenn. Ct. App. 2007). “Tenn.Code Ann. § 36-5-3003(b). The only grounds for objecting to the transfer of a case to another county in Tennessee are (1) that the child has not resided in the “transferee county” for at least six months, 27 or (2) that the child or one of the parties continue to reside in…”
Lynne Pilkerton Hudson v. Foster Eugene Hudson, Sr. (Tenn. Ct. App. 2010). “He claimed that, under Section 36-5-3003, transfer was permissive, not mandatory, and asserted that Mother’s transfer request was not timely and that she had unclean hands.”
Anderton v. Amari (Tenn. Ct. App. 2000). “Tenn. Code Ann. § 36-5-3003 (Supp. 1999)(emphasis added).”
Jeffrey Allen Welty v. Kimberly Dawn Welty (Tenn. Ct. App. 2010). “Welty asserted that “[Tennessee Code Annotated] § 36-5-3003(b) mandates the transfer of child issues to a court of competent jurisdiction when the parents do not continue to reside in the county where the decree was entered and when the child resides in another county for at…”
— Tenn. Code Ann. § 36-5-3003(b)(1) — 1 case
IN Re Ethan R. (Tenn. Ct. App. 2017). “TCA 36-5-3003(b)(1) also provides provision for transfer of custody cases should everyone moves out of issuing court which is what happens in current proceeding that Mother respectfully requests your honorable court to transfer all custody matters to proper court in Ethan’s home…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.