Tennessee Code Annotated

Tenn. Code Ann. § 36-6-406 (2026)

Restrictions in temporary or permanent parenting plans

✓ current as of May 2026

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(a) The permanent parenting plan and the mechanism for approval of the permanent parenting plan shall not utilize dispute resolution, and a parent's residential time as provided in the permanent parenting plan or temporary parenting plan shall be limited if the limitation is found to be in the best interest of the minor child and if the court determines, based upon a prior order or other reliable evidence, that a parent has engaged in any of the following conduct:
- (1) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting responsibilities; or
- (2) Physical or sexual abuse or a pattern of emotional abuse of the parent, child or of another person living with that child as defined in § 36-3-601.

(b) The parent's residential time with the child shall be limited if it is determined by the court, based upon a prior order or other reliable evidence, that the parent resides with a person who has engaged in physical or sexual abuse or a pattern of emotional abuse of the parent, child or of another person living with that child as defined in § 36-3-601.

(c) If a parent has been convicted as an adult of a sexual offense under § 39-15-302, title 39, chapter 17, part 10, or §§ 39-13-501 - 39-13-511, or has been found to be a sexual offender under title 39, chapter 13, part 7, the court shall restrain the parent from contact with a child that would otherwise be allowed under this part. If a parent resides with an adult who has been convicted, or with a juvenile who has been adjudicated guilty of a sexual offense under § 39-15-302, title 39, chapter 17, part 10, or §§ 39-13-501 - 39-13-511, or who has been found to be a sexual offender under title 39, chapter 13, part 7, the court shall restrain that parent from contact with the child unless the contact occurs outside the adult's or juvenile's presence and sufficient provisions are established to protect the child.

(d) A parent's involvement or conduct may have an adverse effect on the child's best interest, and the court may preclude or limit any provisions of a parenting plan, if any of the following limiting factors are found to exist after a hearing:
- (1) A parent's neglect or substantial nonperformance of parenting responsibilities;
- (2) An emotional or physical impairment that interferes with the parent's performance of parenting responsibilities as defined in § 36-6-402;
- (3) An impairment resulting from drug, alcohol, or other substance abuse that interferes with the performance of parenting responsibilities;
- (4) The absence or substantial impairment of emotional ties between the parent and the child;
- (5) The abusive use of conflict by the parent that creates the danger of damage to the child's psychological development;
- (6) A parent has withheld from the other parent access to the child for a protracted period without good cause;
- (7) A parent's criminal convictions as they relate to such parent's ability to parent or to the welfare of the child; or
- (8) Such other factors or conduct as the court expressly finds adverse to the best interests of the child.

(e) In entering a permanent parenting plan, the court shall not draw any presumptions from the temporary parenting plan.

(f)
- (1) In all Title IV-D child or spousal support cases in which payment of support is to be made by income assignment, or otherwise, and in all cases where payments made by income assignment based upon support orders entered on or after January 1, 1994, that are not Title IV-D support cases but must be made to the central collection and disbursement unit as provided by § 36-5-116, and, except as may otherwise be allowed by § 36-5-501(a)(2)(B), the court shall only approve a temporary or permanent parenting plan involving the payment of support that complies with the requirements for central collection and disbursement as required by § 36-5-116. Prior to approval of a parenting plan in which payments are to be made directly to the spouse or the court clerk or to some other person or entity, there shall be filed with the plan presented to the court a written certification, under oath if filed by a party, or signed by the party's counsel, stating whether the case for which the plan is to be approved is a Title IV-D support case subject to enforcement by the department of human services or is otherwise subject to collection through the department's central collection and disbursement unit established by § 36-5-116.
- (2) Any provision of any parenting plan, agreement or court order providing for any other payment procedure contrary to the requirements of § 36-5-116, except as may otherwise be allowed by § 36-5-501(a)(2)(B), whether or not approved by the court, shall be void and of no effect. No credit for support payments shall be given by the court, the court clerk or the department of human services for child or spousal support payments required by the support order that are made in contravention of such requirements; provided, however, the department may make any necessary adjustments to the balances owed to account for changes in the Title IV-D or central collection and disbursement status of the support case.

(g) Forms used by parties as parenting plans or adopted by the court for their use shall conform to all substantive language requirements established by the administrative office of the courts at such time as parenting plan forms are promulgated and approved by that office.

Amended by 2020 Tenn. Acts, ch. 693, s 1, eff. 6/11/2020.

Acts 1997 , ch. 557, § 1; T.C.A., § 36-6-412; Acts 2000, ch. 889, § 1; 2001, ch. 447, § 18.

Notes of Decisions

Cited in 111 cases (34 in the last 5 years), 2001–2026 · leading case: Andrew K. Armbrister v. Melissa H. Armbrister, 414 S.W.3d 685 (Tenn. 2013).

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Andrew K. Armbrister v. Melissa H. Armbrister, 414 S.W.3d 685 (Tenn. 2013). · cites it 9× “Before forging a residential schedule, a court must first determine whether either parent has engaged in any of the misconduct specified in Tennessee Code Annotated section 36-6-406 (2010), 12 which necessitates limiting the parent’s residential time with the child.”

Burden v. Burden, 250 S.W.3d 899 (Tenn. Ct. App. 2007). · cites it 8× “” Moreover, § 36-6-406(a) mandates that “a parent’s residential time as provided in the permanent parenting plan .”

Desiree M. Beyer v. Erik A. Beyer, 428 S.W.3d 59 (Tenn. Ct. App. 2013). · cites it 6× “Pursuant to TCA Section 36-6-406, [Father] has engaged in a pattern of emotional abuse of the children, and has also engaged in conduct that created much of the children’s unhappiness and distress and [Father] is unlikely to cease that pattern of conduct.”

Dana Jo Stricklin v. Jerone Trent Stricklin, 490 S.W.3d 8 (Tenn. Ct. App. 2015). · cites it 4× “Tenn. Code Ann. § 36-6-406 (a) (2014). Although Father cites to this statute, he does not ex: plain why it is relevant, nor are there any facts in the record which compel us to find that it is.”

Shofner v. Shofner, 181 S.W.3d 703 (Tenn. Ct. App. 2005). · cites it 2× “§ 36-6-106(a) (2001); Tenn.Code Ann. § 36-6-404(b) (Supp. 2004); Tenn.”

Robert Lee Melvin v. Wendy Ann Melvin, 415 S.W.3d 847 (Tenn. Ct. App. 2011). “§ 36-6-406(d)(l)-(8) (2010). Additionally the code requires the trial court to “[minimize the child[ren’s] exposure to harmful parental conflict.”

Samuel Randall Friedsam, III v. Frankie Michelle Krisle (Tenn. Ct. App. 2022). · cites it 48× “]” Tenn. Code Ann. § 36-6-406 (d) & (d)(5). By the time of the trial court’s oral ruling, however, the initial paragraph of this statute had been amended to also include an express reference to the child’s best interest.”

Jamie M. Cooper v. Bradley Cooper (Tenn. Ct. App. 2024). · cites it 47× “See Tenn. Code Ann. § 36-6-406 (a) (requiring limitation based on parental conduct), (b) (requiring limitation based on conduct by a person residing with the parent), (c) (requiring limitation based the parent or a person residing with the parent being convicted of certain…”

In Re John B. (Tenn. Ct. App. 2020). · cites it 43× “Tenn. Code Ann. § 36-6-406 (a) (emphasis added).”

April R. Burchfield v. D. Ryan Burchfield (Tenn. Ct. App. 2019). · cites it 27× “Limiting Factors in Tenn. Code Ann. § 36-6-406 . In determining whether modification of the residential schedule was in the children’s best interest, the trial court first considered whether the factors enumerated in Tenn.”

Sarah Chapman v. Chris Wade (Tenn. Ct. App. 2026). · cites it 25× “Tenn. Code Ann. § 36-6-406 (d) (effective June 11, 2020 to May 1, 2025).”

Emily Ruth Hughes v. Lucas Hughes (Tenn. Ct. App. 2024). · cites it 22× “On May 4, 2023, Mother filed an “Amended Motion for Contempt and to Limit Defendant’s Parenting Time Pursuant to Tenn. Code Ann. § 36-6-406 (d).” Mother asserted in her amended petition that Father should be held in criminal contempt and claimed that Father was sending Mother…”

Show all 111 citing cases →

— Tenn. Code Ann. § 36-6-406(a) — 17 cases

Burden v. Burden, 250 S.W.3d 899 (Tenn. Ct. App. 2007). “” Moreover, § 36-6-406(a) mandates that “a parent’s residential time as provided in the permanent parenting plan .”

Dana Jo Stricklin v. Jerone Trent Stricklin, 490 S.W.3d 8 (Tenn. Ct. App. 2015). “Tenn. Code Ann. § 36-6-406 (a) (2014). Although Father cites to this statute, he does not ex: plain why it is relevant, nor are there any facts in the record which compel us to find that it is.”

Desiree M. Beyer v. Erik A. Beyer, 428 S.W.3d 59 (Tenn. Ct. App. 2013). “Pursuant to TCA Section 36-6-406, [Father] has engaged in a pattern of emotional abuse of the children, and has also engaged in conduct that created much of the children’s unhappiness and distress and [Father] is unlikely to cease that pattern of conduct.”

Samuel Randall Friedsam, III v. Frankie Michelle Krisle (Tenn. Ct. App. 2022). “]” Tenn. Code Ann. § 36-6-406 (d) & (d)(5). By the time of the trial court’s oral ruling, however, the initial paragraph of this statute had been amended to also include an express reference to the child’s best interest.”

In Re John B. (Tenn. Ct. App. 2020). “Tenn. Code Ann. § 36-6-406 (a) (emphasis added).”

— Tenn. Code Ann. § 36-6-406(a)(1) — 1 case

— Tenn. Code Ann. § 36-6-406(a)(2) — 13 cases

Brent Dewayne Carr v. Kellie Renea Carr (Tenn. Ct. App. 2018).

Larry Mark Mangum v. Laney Celeste Mangum (Tenn. Ct. App. 2019).

In Re John B. (Tenn. Ct. App. 2020). “Tenn. Code Ann. § 36-6-406 (a) (emphasis added).”

Maryclair McDonald v. Kaleb Coffel (Tenn. Ct. App. 2024).

— Tenn. Code Ann. § 36-6-406(b) — 3 cases

Larry Mark Mangum v. Laney Celeste Mangum (2022).

Sonja Broyles Williams v. Stewart Ashley Williams (Tenn. Ct. App. 2017).

Jesse Clay King v. Brittany Bourgeois Jones (Tenn. Ct. App. 2022).

— Tenn. Code Ann. § 36-6-406(c) — 2 cases

State of Tennessee v. James Andrew DiDomenico (Tenn. Crim. App. 2025).

Amanda Dawn Alderidge v. Lynn Vernon Alderidge, Jr. (Tenn. Ct. App. 2007).

— Tenn. Code Ann. § 36-6-406(d) — 15 cases

Shofner v. Shofner, 181 S.W.3d 703 (Tenn. Ct. App. 2005). “§ 36-6-106(a) (2001); Tenn.Code Ann. § 36-6-404(b) (Supp. 2004); Tenn.”

Sarah Chapman v. Chris Wade (Tenn. Ct. App. 2026). “Tenn. Code Ann. § 36-6-406 (d) (effective June 11, 2020 to May 1, 2025).”

Emily Ruth Hughes v. Lucas Hughes (Tenn. Ct. App. 2024). “On May 4, 2023, Mother filed an “Amended Motion for Contempt and to Limit Defendant’s Parenting Time Pursuant to Tenn. Code Ann. § 36-6-406 (d).” Mother asserted in her amended petition that Father should be held in criminal contempt and claimed that Father was sending Mother…”

Kathryn A. Duke v. Harold W. Duke, III (Tenn. Ct. App. 2014).

Brent Dewayne Carr v. Kellie Renea Carr (Tenn. Ct. App. 2018).

— Tenn. Code Ann. § 36-6-406(d)(5) — 2 cases

Joshua Matthew Brown v. Kimberly Higginbotham Brown (Tenn. Ct. App. 2026).

Lee Richard Slotnik v. Shani Marie Slotnik (Tenn. Ct. App. 2022).

— Tenn. Code Ann. § 36-6-406(d)(7) — 1 case

Maryclair McDonald v. Kaleb Coffel (Tenn. Ct. App. 2024).

— Tenn. Code Ann. § 36-6-406(d)(8) — 2 cases

Maryclair McDonald v. Kaleb Coffel (Tenn. Ct. App. 2024).

Stephanie S. Jernigan v. Leonidas J. Jernigan (Tenn. Ct. App. 2012).

— Tenn. Code Ann. § 36-6-406(d)(l) — 1 case

— Tenn. Code Ann. § 36-6-406(e) — 9 cases

Burden v. Burden, 250 S.W.3d 899 (Tenn. Ct. App. 2007). “” Moreover, § 36-6-406(a) mandates that “a parent’s residential time as provided in the permanent parenting plan .”

Kelly Brooke Martin v. Nghia Trong Van (Tenn. Ct. App. 2025).

Karthik Rajendran v. Mary Florence Rajendran (Tenn. Ct. App. 2020).

Angela Phillips v. William Phillips (Tenn. Ct. App. 2001).

Michelle Benson Smith v. Christopher D. Smith (Tenn. Ct. App. 2015).

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