Tennessee Code Annotated
Tenn. Code Ann. § 36-6-236 (2026)
Award of prevailing party fees, costs and expenses
✓ current as of May 2026
The court may award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings. The court may assess fees, costs, or expenses against a state pursuant to this part.
Acts 1999, ch. 389, § 37.
Notes of Decisions
Cited in 9
cases (6 in the last 5 years), 2006–2026 · leading case: Keyt v. Keyt, 244 S.W.3d 321 (Tenn. 2007).
Keyt v. Keyt, 244 S.W.3d 321 (Tenn. 2007). “during the course of the [custody] proceedings," Tenn.Code Ann. § 36-6-236 (2005). Pursuant to Tennessee Code Annotated section 36-6-202 (2005), however, the UCCJEA is to only be "applied to promote its underlying purposes and policies," which are: (1) Avoid[ing] jurisdictional…”
Staats v. McKinnon, 924 So. 2d 82 (Fla. 1st DCA 2006). “; Tenn.Code Ann. § 36-6-236. [2] Section 61.”
Elizabeth Anne Sykes v. Chad Steven Sykes (Tenn. Ct. App. 2021). “Tenn. Code Ann. § 36-6-236 . Thus, because Wife was the prevailing party on Husband’s challenge to the trial court’s jurisdiction, the trial court determined that she was entitled to an award of fees at the trial court’s discretion.”
In Re Jordan A. (Tenn. Crim. App. 2026). “Whether the trial court erred in denying attorney fees to the Father pursuant to Tenn. Code Ann. § 36-6-236 . IV. Whether the trial court erred in denying the request for the finding of an abusive civil plaintiff against the Appellees.”
Brittany Sharayah Lehmann v. Jerry Scott Wilson (Tenn. Ct. App. 2024). “-2- Lastly, the Magistrate granted Mother attorney’s fees, pursuant to Tennessee Code Annotated section 36-6-236, “[b]ecause Mother has been successful[.”
Joseph Winfred Reeves v. Felicia Kimberly Reeves (Tenn. Ct. App. 2013). “14 She argues that the trial court erred because it denied her request for attorney fees without considering Tennessee Code Annotated section 36-5-103(c), section 36-5-121(I), or section 36-6-236. Additionally, she claims entitlement to “attorney fees, travel expenses for…”
Dillon Brooks v. Heather Avery Andrews (2021). “- 24 - Tenn. Code Ann. § 36-6-236 . However, the UCCJEA also contains a second statute addressing attorney’s fees, found at Tennessee Code Annotated section 36-6-223.”
Dylan Whitmore v. Melyssa Atkinson (Tenn. Ct. App. 2026). “The trial court awarded Father attorney’s fees pursuant to Tennessee Code Annotated sections 36-6-236 and 36-5-103 and, by order entered December 20, ordered Mother to pay Father attorney’s -5- fees of $39,129.”
James Whitfield Livingston v. Lauren Elizabeth Logue (Tenn. Ct. App. 2026). “Here, Mother bases her request on Tennessee Code Annotated § 36-6-236, a provision of the Uniform Child Custody Jurisdiction and Enforcement Act.”
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