Tennessee Code Annotated

Tenn. Code Ann. § 36-6-203 (2026)

Evidentiary use of official comments

✓ current as of May 2026
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In any dispute as to the proper construction of one (1) or more sections of this part, the official comments pertaining to the corresponding sections of the Uniform Child Custody Jurisdiction and Enforcement Act, Official Text, as adopted by the Uniform Law Commission as in effect on June 14, 1999, shall constitute evidence of the purposes and policies underlying such sections, unless:

Amended by 2024 Tenn. Acts, ch. 494,s 8, eff. 2/21/2024.

Acts 1999, ch. 389, § 4.


Notes of Decisions
Cited in 45 cases (1 in the last 5 years), 1985–2025 · leading case: State Ex Rel. Cooper v. Hamilton, 688 S.W.2d 821 (Tenn. 1985).
State Ex Rel. Cooper v. Hamilton, 688 S.W.2d 821 (Tenn. 1985). · cites it 12× “Periods of temporary absence of any of the named persons are counted as part of the six (6) months or other period_” T.C.A. § 36-6-203. Accord 28 U.S.C. § 1738A(b)(4).”
Brown v. Brown, 847 S.W.2d 496 (Tenn. 1993). · cites it 13× “The trial court’s determination was based on a correct interpretation of Tennessee law, specifically the jurisdictional provisions in T.C.A. § 36-6-203, the modification provisions in § 36-6-215, and the criteria for determining whether to decline jurisdiction in § 36-6-208.”
Wilcox v. Wilcox, 862 S.W.2d 533 (Tenn. Ct. App. 1993). · cites it 17× “T.C.A. § 36-6-203(a). Except in the third scenario, physical presence of the child is not alone sufficient to confer jurisdiction on a Tennessee court.”
Marcus v. Marcus, 993 S.W.2d 596 (Tenn. 1999). · cites it 4× “There is little dispute that at the time the order was entered by the Chancery Court of Shelby County in November of 1995, Tennessee was the child’s “home state,” as defined by Tenn.Code Ann. § 36-6-202(5) (1996). 8 The UCCJA, however, also provides that a trial court that would…”
Staats v. McKinnon, 206 S.W.3d 532 (Tenn. Ct. App. 2006). · cites it 2× “502 , and Tennessee included two sections directing that the official commentary to the UCCJEA be published along with the statutory text and consulted as evidence of the statute’s underlying purposes and policies, Tenn.Code Ann. §§ 36-6-203, -204. Aside from these changes, the…”
Falco Adkins v. Falco Antapara, 850 S.W.2d 148 (Tenn. Ct. App. 1992). · cites it 14× “See Tenn. Code Ann. § 36-6-203 . If there appears to be no home state, then Tennessee may, under certain conditions, exercise jurisdiction.”
Gutzke v. Gutzke, 908 S.W.2d 198 (Tenn. Ct. App. 1995). · cites it 10× “§ 36-6-203(a)(l)(A) and (B) confer jurisdiction on the courts of this state only if Tennessee is the home state of the child at the commencement of the proceeding or if Tennessee had been the child’s home state within six months before commencement of the proceeding.”
In Re Adoption of Copeland, 43 S.W.3d 483 (Tenn. Ct. App. 2000). · cites it 2× “[2] T.C.A. § 36-6-203(a)(1)(A) (1996). A child's "home state" is "the state in which the child immediately preceding the time involved lived with such child's parents, a parent or a person acting as parent, for at least six (6) consecutive months.”
Wilson v. Wilson, 58 S.W.3d 718 (Tenn. Ct. App. 2001). · cites it 2× “” T.C.A. § 36-6-203(a)(1)(A) (1996) (repealed 1999).”
Culp v. Culp, 917 S.W.2d 233 (Tenn. Ct. App. 1995). · cites it 4× “T.C.A. § 36-6-203(a)(1)(A); 28 U.S.C.A. § 1738A(c).”
Roderick v. Roderick, 776 S.W.2d 533 (Tenn. Ct. App. 1989). · cites it 2× “Thus, in accordance with Tenn.Code Ann. §§ 36-6-202(5), 36-6-203(a)(1)(A), Tennessee is the children’s “home state.”
In Re Marriage of Torres, 98 Cal. Daily Op. Serv. 2655 (Cal. Ct. App. 1998). “500 , italics in original, citing Tenn. Code Ann. § 36-6-203 (a)(2)(A) & (3).”
— Tenn. Code Ann. § 36-6-203(1) — 1 case
Gutzke v. Gutzke, 908 S.W.2d 198 (Tenn. Ct. App. 1995). “§ 36-6-203(a)(l)(A) and (B) confer jurisdiction on the courts of this state only if Tennessee is the home state of the child at the commencement of the proceeding or if Tennessee had been the child’s home state within six months before commencement of the proceeding.”
— Tenn. Code Ann. § 36-6-203(5) — 1 case
Klindt v. Klindt (Tenn. Ct. App. 1997).
— Tenn. Code Ann. § 36-6-203(a) — 6 cases
State Ex Rel. Cooper v. Hamilton, 688 S.W.2d 821 (Tenn. 1985). “Periods of temporary absence of any of the named persons are counted as part of the six (6) months or other period_” T.C.A. § 36-6-203. Accord 28 U.S.C. § 1738A(b)(4).”
Brown v. Brown, 847 S.W.2d 496 (Tenn. 1993). “The trial court’s determination was based on a correct interpretation of Tennessee law, specifically the jurisdictional provisions in T.C.A. § 36-6-203, the modification provisions in § 36-6-215, and the criteria for determining whether to decline jurisdiction in § 36-6-208.”
Wilcox v. Wilcox, 862 S.W.2d 533 (Tenn. Ct. App. 1993). “T.C.A. § 36-6-203(a). Except in the third scenario, physical presence of the child is not alone sufficient to confer jurisdiction on a Tennessee court.”
Gutzke v. Gutzke, 908 S.W.2d 198 (Tenn. Ct. App. 1995). “§ 36-6-203(a)(l)(A) and (B) confer jurisdiction on the courts of this state only if Tennessee is the home state of the child at the commencement of the proceeding or if Tennessee had been the child’s home state within six months before commencement of the proceeding.”
Matter of CB, 616 N.E.2d 763 (Ind. Ct. App. 1993).
— Tenn. Code Ann. § 36-6-203(a)(1) — 3 cases
Scott Yother v. Laine Yother (Tenn. Ct. App. 2000).
Copas v. Copas (Tenn. Ct. App. 1998).
Klindt v. Klindt (Tenn. Ct. App. 1997).
— Tenn. Code Ann. § 36-6-203(a)(1)(A) — 6 cases
In Re Adoption of Copeland, 43 S.W.3d 483 (Tenn. Ct. App. 2000). “[2] T.C.A. § 36-6-203(a)(1)(A) (1996). A child's "home state" is "the state in which the child immediately preceding the time involved lived with such child's parents, a parent or a person acting as parent, for at least six (6) consecutive months.”
Wilson v. Wilson, 58 S.W.3d 718 (Tenn. Ct. App. 2001). “” T.C.A. § 36-6-203(a)(1)(A) (1996) (repealed 1999).”
Culp v. Culp, 917 S.W.2d 233 (Tenn. Ct. App. 1995). “T.C.A. § 36-6-203(a)(1)(A); 28 U.S.C.A. § 1738A(c).”
Robert Wilson, Jr. v. Martha Wilson (Tenn. Ct. App. 2001).
— Tenn. Code Ann. § 36-6-203(a)(1)(B) — 3 cases
Brown v. Brown, 847 S.W.2d 496 (Tenn. 1993). “The trial court’s determination was based on a correct interpretation of Tennessee law, specifically the jurisdictional provisions in T.C.A. § 36-6-203, the modification provisions in § 36-6-215, and the criteria for determining whether to decline jurisdiction in § 36-6-208.”
Wilcox v. Wilcox, 862 S.W.2d 533 (Tenn. Ct. App. 1993). “T.C.A. § 36-6-203(a). Except in the third scenario, physical presence of the child is not alone sufficient to confer jurisdiction on a Tennessee court.”
Griffin (Meyer) v. Griffin (Tenn. Ct. App. 1998).
— Tenn. Code Ann. § 36-6-203(a)(2) — 5 cases
State Ex Rel. Cooper v. Hamilton, 688 S.W.2d 821 (Tenn. 1985). “Periods of temporary absence of any of the named persons are counted as part of the six (6) months or other period_” T.C.A. § 36-6-203. Accord 28 U.S.C. § 1738A(b)(4).”
Brown v. Brown, 847 S.W.2d 496 (Tenn. 1993). “The trial court’s determination was based on a correct interpretation of Tennessee law, specifically the jurisdictional provisions in T.C.A. § 36-6-203, the modification provisions in § 36-6-215, and the criteria for determining whether to decline jurisdiction in § 36-6-208.”
Wilcox v. Wilcox, 862 S.W.2d 533 (Tenn. Ct. App. 1993). “T.C.A. § 36-6-203(a). Except in the third scenario, physical presence of the child is not alone sufficient to confer jurisdiction on a Tennessee court.”
Falco Adkins v. Falco Antapara, 850 S.W.2d 148 (Tenn. Ct. App. 1992). “See Tenn. Code Ann. § 36-6-203 . If there appears to be no home state, then Tennessee may, under certain conditions, exercise jurisdiction.”
Scott Yother v. Laine Yother (Tenn. Ct. App. 2000).
— Tenn. Code Ann. § 36-6-203(a)(2)(A) — 4 cases
Brown v. Brown, 847 S.W.2d 496 (Tenn. 1993). “The trial court’s determination was based on a correct interpretation of Tennessee law, specifically the jurisdictional provisions in T.C.A. § 36-6-203, the modification provisions in § 36-6-215, and the criteria for determining whether to decline jurisdiction in § 36-6-208.”
Wilcox v. Wilcox, 862 S.W.2d 533 (Tenn. Ct. App. 1993). “T.C.A. § 36-6-203(a). Except in the third scenario, physical presence of the child is not alone sufficient to confer jurisdiction on a Tennessee court.”
Gutzke v. Gutzke, 908 S.W.2d 198 (Tenn. Ct. App. 1995). “§ 36-6-203(a)(l)(A) and (B) confer jurisdiction on the courts of this state only if Tennessee is the home state of the child at the commencement of the proceeding or if Tennessee had been the child’s home state within six months before commencement of the proceeding.”
Copas v. Copas (Tenn. Ct. App. 1998).
— Tenn. Code Ann. § 36-6-203(a)(2)(E) — 1 case
Baldovin v. Warden (Tenn. Ct. App. 1997).
— Tenn. Code Ann. § 36-6-203(a)(3) — 3 cases
Falco Adkins v. Falco Antapara, 850 S.W.2d 148 (Tenn. Ct. App. 1992). “See Tenn. Code Ann. § 36-6-203 . If there appears to be no home state, then Tennessee may, under certain conditions, exercise jurisdiction.”
Wilson v. Tittle (Tenn. Ct. App. 2000).
— Tenn. Code Ann. § 36-6-203(a)(l) — 2 cases
Falco Adkins v. Falco Antapara, 850 S.W.2d 148 (Tenn. Ct. App. 1992). “See Tenn. Code Ann. § 36-6-203 . If there appears to be no home state, then Tennessee may, under certain conditions, exercise jurisdiction.”
Culp v. Culp, 917 S.W.2d 233 (Tenn. Ct. App. 1995). “T.C.A. § 36-6-203(a)(1)(A); 28 U.S.C.A. § 1738A(c).”
— Tenn. Code Ann. § 36-6-203(a)(l)(A) — 3 cases
Marcus v. Marcus, 993 S.W.2d 596 (Tenn. 1999). “There is little dispute that at the time the order was entered by the Chancery Court of Shelby County in November of 1995, Tennessee was the child’s “home state,” as defined by Tenn.Code Ann. § 36-6-202(5) (1996). 8 The UCCJA, however, also provides that a trial court that would…”
Gutzke v. Gutzke, 908 S.W.2d 198 (Tenn. Ct. App. 1995). “§ 36-6-203(a)(l)(A) and (B) confer jurisdiction on the courts of this state only if Tennessee is the home state of the child at the commencement of the proceeding or if Tennessee had been the child’s home state within six months before commencement of the proceeding.”
Graham v. Copeland, 43 S.W.3d 483 (Tenn. Ct. App. 2000).
— Tenn. Code Ann. § 36-6-203(b) — 2 cases
Wilcox v. Wilcox, 862 S.W.2d 533 (Tenn. Ct. App. 1993). “T.C.A. § 36-6-203(a). Except in the third scenario, physical presence of the child is not alone sufficient to confer jurisdiction on a Tennessee court.”
— Tenn. Code Ann. § 36-6-203(d) — 2 cases
State Ex Rel. Cooper v. Hamilton, 688 S.W.2d 821 (Tenn. 1985). “Periods of temporary absence of any of the named persons are counted as part of the six (6) months or other period_” T.C.A. § 36-6-203. Accord 28 U.S.C. § 1738A(b)(4).”
Wilcox v. Wilcox, 862 S.W.2d 533 (Tenn. Ct. App. 1993). “T.C.A. § 36-6-203(a). Except in the third scenario, physical presence of the child is not alone sufficient to confer jurisdiction on a Tennessee court.”
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