Tenn. Code Ann. » Tenn. Code / Title 36 / Chapter 6 / Part 2
Tennessee Code Annotated

Tenn. Code Ann. § 36-6-218 (2026)

Jurisdiction to modify foreign decrees

✓ current as of May 2026
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Except as otherwise provided in § 36-6-219, a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under § 36-6-216(a)(1) or (2), and:

Acts 1999, ch. 389, § 19.

Notes of Decisions
Cited in 24 cases (4 in the last 5 years), 1998–2025 · leading case: Staats v. McKinnon, 206 S.W.3d 532 (Tenn. Ct. App. 2006).
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Staats v. McKinnon, 206 S.W.3d 532 (Tenn. Ct. App. 2006). · cites it 10× “Tenn.Code Ann. § 36-6-218. 35 Accordingly, we turn first to an examination of the UCCJEA.”
Button v. Waite, 208 S.W.3d 366 (Tenn. 2006). · cites it 8× “Tenn.Code Ann. § 36-6-218. Subsection (2) has been satisfied in this case.”
Kelso v. Decker, 262 S.W.3d 307 (Tenn. Ct. App. 2008). · cites it 9× “Tenn.Code Ann. § 36-6-218. The Official Comment to this statute further provides in pertinent part as follows: The modification State is not authorized to determine that the original decree State has lost its jurisdiction.”
Michael Todd Highfill v. Heather (Highfill) Moody (Tenn. Ct. App. 2010). · cites it 19× “Tenn. Code Ann. § 36-6-218 (1)-(2). The court has subject matter jurisdiction to modify the other state's child custody determination “only if the other state has lost its exclusive, continuing jurisdiction or declined to exercise it.”
In Re: Apex R., 577 S.W.3d 181 (2018). · cites it 3× “Tenn. Code Ann. § 36-6-218 (1)-(2). Second, the court must decide whether it would have jurisdiction to make an initial custody determination under the present circumstances.”
Christina Cliburn v. Paul David Bergeron (Tenn. Ct. App. 2002). · cites it 12× “The provisions of Tenn. Code Ann. § 36-6-218 set forth the requirements for jurisdiction to modify a foreign decree of child custody and visitation.”
Lee Stack, III v. Joann Valerie Stack (Tenn. Ct. App. 2016). · cites it 7× “§ 36-6-218. One such circumstance is where there is an emergency, which is not the case here.”
In Re Hailey C. (Tenn. Ct. App. 2022). · cites it 6× “See Tenn. Code Ann. § 36-6-218 (2021). And she submitted additional evidence, in the form of school attendance records, showing that Hailey had attended school in Kentucky until shortly before the petition was filed.”
Barry Craig Taylor v. Sarah Ann McClintock (Tenn. Ct. App. 2014). · cites it 10× “Tenn. Code Ann. § 36-6-218 (1) – (2). Second, the court must decide whether it would have jurisdiction to make an initial custody determination under the present circumstances.”
Stephen G. Butler v. Michele G. Butler (Tenn. Ct. App. 2012). · cites it 9× “The first requirement is that the Tennessee court has the jurisdiction, as defined in Tenn. Code Ann. § 36-6-216 (a)(1) and (2), to make an initial determination of custody.”
Victor Hugo Hernandez v. Jodie L. Land (Tenn. Ct. App. 2025). · cites it 5× “See Tenn. Code Ann. § 36-6-218 (1) (2021). On March 26, 2022, as part of the modification proceeding, the Tennessee court issued an injunction “to preserve real property located in Tennessee which may serve as collateral to aid in the enforcement of future orders or judgments.”
Curtis R. Thrapp v. Mary Elizabeth Thrapp (Tenn. Ct. App. 1998). · cites it 12× “Because this case involves the modification of foreign child custody determinations, the gateway to the above framework in this case is T.C.A. § 36-6-218: Except as otherwise provided in § 36-6-219, a court of this state may not modify a child-custody determination made by a…”
Show all 24 citing cases →
Tenn. Code Ann. § 36-6-218(1): 5 cases
Lee Stack, III v. Joann Valerie Stack (Tenn. Ct. App. 2016). “§ 36-6-218. One such circumstance is where there is an emergency, which is not the case here.”
In Re Hailey C. (Tenn. Ct. App. 2022). “See Tenn. Code Ann. § 36-6-218 (2021). And she submitted additional evidence, in the form of school attendance records, showing that Hailey had attended school in Kentucky until shortly before the petition was filed.”
In Re B.N.W. (Tenn. Ct. App. 2005).
Victor Hugo Hernandez v. Jodie L. Land (Tenn. Ct. App. 2025). “See Tenn. Code Ann. § 36-6-218 (1) (2021). On March 26, 2022, as part of the modification proceeding, the Tennessee court issued an injunction “to preserve real property located in Tennessee which may serve as collateral to aid in the enforcement of future orders or judgments.”
Curtis R. Thrapp v. Mary Elizabeth Thrapp (Tenn. Ct. App. 1998). “Because this case involves the modification of foreign child custody determinations, the gateway to the above framework in this case is T.C.A. § 36-6-218: Except as otherwise provided in § 36-6-219, a court of this state may not modify a child-custody determination made by a…”
Tenn. Code Ann. § 36-6-218(2): 2 cases
Lee Stack, III v. Joann Valerie Stack (Tenn. Ct. App. 2016). “§ 36-6-218. One such circumstance is where there is an emergency, which is not the case here.”
Curtis R. Thrapp v. Mary Elizabeth Thrapp (Tenn. Ct. App. 1998). “Because this case involves the modification of foreign child custody determinations, the gateway to the above framework in this case is T.C.A. § 36-6-218: Except as otherwise provided in § 36-6-219, a court of this state may not modify a child-custody determination made by a…”
Tenn. Code Ann. § 36-6-218(l): 1 case
Staats v. McKinnon, 206 S.W.3d 532 (Tenn. Ct. App. 2006). “Tenn.Code Ann. § 36-6-218. 35 Accordingly, we turn first to an examination of the UCCJEA.”
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