Tennessee Code Annotated

Tenn. Code Ann. § 36-6-222 (2026)

Declining jurisdiction - Inconvenient forum

✓ current as of May 2026

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(a) A court of this state which has jurisdiction under this part to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.

(b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
- (1) The length of time the child has resided outside this state;
- (2) The distance between the court in this state and the court in the state that would assume jurisdiction;
- (3) The relative financial circumstances of the parties;
- (4) Any agreement of the parties as to which state should assume jurisdiction;
- (5) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
- (6) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence;
- (7) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; and
- (8) The familiarity of the court of each state with the facts and issues in the pending litigation.

(c) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(d) A court of this state may decline to exercise its jurisdiction under this part if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

Acts 1999, ch. 389, § 23.

Notes of Decisions

Cited in 36 cases (6 in the last 5 years), 1998–2026 · leading case: Powell v. Stover, 165 S.W.3d 322 (Tex. 2005).

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Powell v. Stover, 165 S.W.3d 322 (Tex. 2005). · cites it 3× “207; Tenn.Code Ann. § 36-6-222 (Tennessee’s version of the UCCJEA).”

State, Dep't of Child.'s Servs. v. T.M.B.K., 197 S.W.3d 282 (Tenn. Ct. App. 2006). “ment of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; (2) A court of another state does not have jurisdiction under subdivision (a)(1), or a court of the home state of the child has declined to…”

Button v. Waite, 208 S.W.3d 366 (Tenn. 2006). “nder this part if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this part, unless the proceeding has been terminated or is…”

Wilson v. Wilson, 58 S.W.3d 718 (Tenn. Ct. App. 2001). · cites it 2× “In discussing this issue in their briefs, both parties erroneously cite T.C.A. § 36-6-222, which is part of the UCCJEA.”

Kenneth Dale Carter v. Jessica Jones Fay (Tenn. Ct. App. 2024). · cites it 13× “Tenn. Code Ann. § 36-6-222 (a). However, (b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction.”

Bryan Hibdon v. Danielle Goynes (Tenn. Ct. App. 2025). · cites it 13× “” Tenn. Code Ann. § 36-6-222 (a). The UCCJEA provides a list of factors to guide the court’s decision.”

Willard Harrison Iman, Jr. v. Megan Blanchfield Iman (Tenn. Ct. App. 2013). · cites it 14× “” Tenn. Code Ann. § 36-6-222 (a); In re B.N.”

In Re B.N.W. (Tenn. Ct. App. 2005). · cites it 12× “Tenn.Code Ann. § 36-6-222. The right of a trial court to decline jurisdiction includes all forms of jurisdiction authorized by Tennessee Code Annotated section 36-6-216 and “Emergency temporary jurisdiction” under Tennessee Code Annotated section 36-6-219, since all such bases…”

Timothy L. Doss v. Amy J. Doss (Tenn. Ct. App. 2005). · cites it 9× “… After carefully reviewing the applicable factors listed in Tenn. Code Ann. § 36-6-222 , we believe that Illinois clearly is a more convenient forum than Tennessee.”

Samuel Pinner v. Jessie Connatser (Tenn. Ct. App. 2026). · cites it 5× “Tenn. Code Ann. § 36-6-222 (a); Staats, 206 S.”

Barry Craig Taylor v. Sarah Ann McClintock (Tenn. Ct. App. 2014). · cites it 7× “” Tenn. Code Ann. § 36-6-222 (a) (2010). The statute provides that, for the purpose of deciding whether it is more appropriate for another court to exercise jurisdiction, the trial court shall “allow the parties to submit information and shall consider all relevant factors,”…”

Show all 36 citing cases →

— Tenn. Code Ann. § 36-6-222(a) — 1 case

Christopher Michael Parker v. Courtney Williams Parker (Tenn. Ct. App. 2019).

— Tenn. Code Ann. § 36-6-222(b) — 7 cases

Kenneth Dale Carter v. Jessica Jones Fay (Tenn. Ct. App. 2024). “Tenn. Code Ann. § 36-6-222 (a). However, (b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction.”

Willard Harrison Iman, Jr. v. Megan Blanchfield Iman (Tenn. Ct. App. 2013). “” Tenn. Code Ann. § 36-6-222 (a); In re B.N.”

In the matter of: Lazaria C.R.H. (Tenn. Ct. App. 2014).