Tennessee Code Annotated
Tenn. Code Ann. § 36-6-113 (2026)
Failure to return child to custodial parent - Emergency order declaring child to be in imminent danger of serious bodily injury or death and ordering noncustodial parent to return child
✓ current as of May 2026
- (a) If a custody, parentage, child support, or dependency and neglect proceeding is pending before a court and the noncustodial parent fails to return the child to the custodial parent in accordance with the current visitation order or parenting plan, then the custodial parent may, after reporting the child missing to a law enforcement agency, file a motion with the court seeking an emergency order declaring the child to be in imminent danger of serious bodily injury or death and ordering the noncustodial parent to return the child.
- (b) The court may issue an order declaring the child to be in imminent danger of serious bodily injury or death and ordering the noncustodial parent to return the child to the custodial parent immediately if the court finds:
- (1) The custodial parent and the noncustodial parent are parties in a custody, parentage, support, or dependency and neglect matter currently pending before the court;
- (2) The noncustodial parent failed to return the child to the custodial parent on the date and time specified in the current visitation order or parenting plan;
- (3) The custodial parent has reported the child as missing to a law enforcement agency;
- (4) At least forty-eight (48) hours have passed since the noncustodial parent was to have returned the child to the custodial parent under the current visitation order or parenting plan; and
- (5) The noncustodial parent has:
- (A) Failed to contact the custodial parent within the past forty-eight (48) hours; or
- (B) Failed to return the child to the custodial parent.
- (c) If a judge enters an order pursuant to this section, then the clerk of the court shall immediately send, via electronic mail, a copy of the order to the law enforcement agency investigating the report of the missing child.
- (d) This section does not modify the discretion of a law enforcement agency to investigate a report of a missing child, notify local media about a missing child, or issue any form of missing child alert.
- (e) As used in this section, "custodial parent" means the parent with whom the child resides more than fifty percent (50%) of the time.
Added by 2022 Tenn. Acts, ch. 767, s 2, eff. 4/6/2022.
Notes of Decisions
Cited in 16
cases (2 in the last 5 years), 2002–2025 · leading case: In Re Adoption of KBH, 206 S.W.3d 80 (Tenn. Ct. App. 2006).
In Re Adoption of KBH, 206 S.W.3d 80 (Tenn. Ct. App. 2006). “We consider first Father's assertion that the trial court erred in applying Tennessee Code Annotated section 36-6-113(g)(6), which provides that termination of parental rights may be based upon a finding that "[t]he parent has been confined to a correctional .”
William Anthony Fisher & Shelby Lynn Hatter Fisher v. Jonathan Young, 206 S.W.3d 80 (Tenn. Ct. App. 2006). “We consider first Father’s assertion that the trial court erred in applying Tennessee Code Annotated section 36-6-113(g)(6), which provides that termination of parental rights may be based upon a finding that “[t]he parent has been confined to a correctional .”
Jeremy Miller v. Jessica Miller (Tolbe) (Tenn. Ct. App. 2011). “See Tenn. Code Ann. § 36-6-101 (a)(2)(B). She also argues that Tenn.”
In Re Emma S. (Tenn. Ct. App. 2018). “The court also examined the best interest factors at Tennessee Code Annotated section 36-6-113(i) and determined that termination of Mother and Father’s rights was in Emma’s best interest.”
In Re PrinceKenyan F. (Tenn. Ct. App. 2021). “Goolsby testified that Mother “was all over the place” and unable “to focus and listen or concentrate on one thing at a time” during the meeting in February 2020 when Mother referenced “clowns [falling] from the sky” in 2016. While all this evidence is undoubtedly concerning, we…”
In Re Joseph L. (Tenn. Ct. App. 2012). “Pursuant to Tenn. Code Ann. §§ 36-6-113 (g)(1) and 36-1-102(1)(A)(iv), the trial court found that Mother had abandoned Joseph.”
State of Tennessee, Dep't of Child.'s Servs. v. J.A.H., Jr. (Tenn. Ct. App. 2005). “-5- Abandonment is one of the statutory grounds for termination of parental rights which are set forth at Tenn. Code Ann. § 36-6-113 (g) and, as we have noted above, this is one of the grounds that the trial court relied on in terminating Father’s parental rights in the instant…”
In the Matter of L.F.B. & D.M.D. (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 36-6-113 (c); In re Valentine, 79 S.”
In the Matter of J.L.E. (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 36-6-113 (c); In re Valentine, 79 S.”
In Re: T.A.R. & D.F.R. (Tenn. Ct. App. 2004). “Tenn. Code Ann. § 36-6-113 (c); In re Valentine, 79 S.”
In The Matter Of: Caleb F.N.P, Jonathan S.F., Olivia B.F., & Chloe N.F. (Tenn. Ct. App. 2013). “Tenn. Code Ann. § 36-6-113 (g)(1) (2010).”
In Re Miracle M. (2017). “See Tenn. Code Ann. § 36-6-113 (c). DCS bears the initial burden of establishing the statutorily enumerated grounds for termination by clear and convincing evidence.”
— Tenn. Code Ann. § 36-6-113(b) — 1 case
Jeremy Miller v. Jessica Miller (Tolbe) (Tenn. Ct. App. 2011). “See Tenn. Code Ann. § 36-6-101 (a)(2)(B). She also argues that Tenn.”
— Tenn. Code Ann. § 36-6-113(g)(1) — 1 case
Dept. of Child. Serv. v. Davina Frazier (Tenn. Ct. App. 2002).
— Tenn. Code Ann. § 36-6-113(g)(6) — 2 cases
In Re Adoption of KBH, 206 S.W.3d 80 (Tenn. Ct. App. 2006). “We consider first Father's assertion that the trial court erred in applying Tennessee Code Annotated section 36-6-113(g)(6), which provides that termination of parental rights may be based upon a finding that "[t]he parent has been confined to a correctional .”
William Anthony Fisher & Shelby Lynn Hatter Fisher v. Jonathan Young, 206 S.W.3d 80 (Tenn. Ct. App. 2006). “We consider first Father’s assertion that the trial court erred in applying Tennessee Code Annotated section 36-6-113(g)(6), which provides that termination of parental rights may be based upon a finding that “[t]he parent has been confined to a correctional .”
— Tenn. Code Ann. § 36-6-113(i) — 3 cases
In Re Emma S. (Tenn. Ct. App. 2018). “The court also examined the best interest factors at Tennessee Code Annotated section 36-6-113(i) and determined that termination of Mother and Father’s rights was in Emma’s best interest.”
In Re Lucas S. (Tenn. Ct. App. 2025).
In Re D.w.m., Jr. (Tenn. Ct. App. 2014).
— Tenn. Code Ann. § 36-6-113(i)(1) — 1 case
In re: Bonnie L. (Tenn. Ct. App. 2015).
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