Tennessee Code Annotated
Tenn. Code Ann. § 37-1-104 (2026)
Concurrent jurisdiction
✓ current as of May 2026
- (a) The juvenile court has concurrent jurisdiction with the probate court of proceedings to:
- (1) Treat or commit a developmentally disabled or mentally ill child;
- (2) Determine the custody or appoint a guardian of the person of a child; and
- (3) Give judicial consent to the marriage of a child if consent is required by law.
- (b) The juvenile court has concurrent jurisdiction with the general sessions court for the offenses of contributing to the delinquency or unruly conduct of a minor as defined in § 37-1-156 and contributing to the dependency of a minor as defined in § 37-1-157.
- (c) The juvenile, circuit and chancery courts have concurrent jurisdiction to terminate parental or guardian rights pursuant to the provisions of title 36, chapter 1, part 1.
- (d)
- (1)
- (A) The juvenile court has concurrent jurisdiction and statewide jurisdiction with other courts having the jurisdiction to order support for minor children and shall have statewide jurisdiction over the parties involved in the case.
- (B) In intrastate cases, jurisdiction to modify, alter or enforce orders or decrees for the support of children shall be determined in accordance with the provisions of title 36, chapter 5, parts 30 and 31.
- (C) In any political subdivision or judicial district of the state in which a court by contract is the agency designated to provide child support enforcement pursuant to Title IV-D of the Social Security Act, compiled in 42 U.S.C. §§ 651 et seq., and if a judge with child support jurisdiction in that political subdivision or judicial district agrees, the contracting court shall have jurisdiction in any case in such judge's court in which an application is made for assistance in obtaining support under this part. Upon application being made for child support enforcement assistance as provided by law, the contracting court shall assume jurisdiction and it is the duty of the court clerk to so notify the clerk of any court having prior jurisdiction. The contracting court shall then proceed to make and enforce such orders of support as it deems proper within its jurisdiction pursuant to the agreement. The contracting court shall not have jurisdiction in any case in which an absent parent is in full compliance with a support order of another court.
- (2) In any case in which the court has exclusive or concurrent jurisdiction to order the payment of child support, the court may issue a child support order when requested by a party. All provisions of title 36, chapter 5 that relate to child support or child support orders that include an order of spousal support and § 50-2-105 apply to support orders issued in these proceedings.
- (1)
- (e) The juvenile court has concurrent jurisdiction with the circuit and chancery court of proceedings arising from the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
- (f) Notwithstanding any law to the contrary, the juvenile court has concurrent jurisdiction with the circuit and chancery court of proceedings to establish the paternity of children born out of lawful wedlock and to determine any custody, visitation, support, education or other issues regarding the care and control of children born out of wedlock. The court further has the power to enforce its orders. Nothing in this subsection (f) shall be construed as vesting the circuit and chancery court with jurisdiction over matters that are in the exclusive jurisdiction of the juvenile court under § 37-1-103.
- (g) The juvenile court and the circuit and criminal court have concurrent jurisdiction in proceedings in which a child is alleged to have committed an act that would, if adjudicated delinquent, require the child to be classified as a serious youthful offender pursuant to § 37-1-131(g).
Amended by 2024 Tenn. Acts, ch. 1007,s 3, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2011.
Amended by 2016 Tenn. Acts, ch. 600, s 1, eff. 7/1/2016.
Acts 1970, ch. 600, § 4; 1971, ch. 189, § 3; 1975, ch. 248, § 34; 1980, ch. 838, § 4; 1981, ch. 348, § 2; 1983, ch. 453, §§ 1, 2; T.C.A., § 37-204; Acts 1985, ch. 477, § 16; 1989, ch. 206, § 2; 1995, ch. 416, § 1; 1995, ch. 532, § 8; 1997 , ch. 551, § 9; imp. am. Acts 2000, ch. 947, § 6; 2003 , ch. 333, § 2.
Notes of Decisions
Cited in 49
cases (7 in the last 5 years), 1987–2025 · leading case: In Re Baby, 447 S.W.3d 807 (Tenn. 2014).
In Re Baby, 447 S.W.3d 807 (Tenn. 2014). “§ 37-1-104 (providing matters within the concurrent jurisdiction of the juvenile courts).”
In re D.Y.H., 226 S.W.3d 327 (Tenn. 2007). “The two primary statutes that confer jurisdiction on juvenile courts are Tennessee Code Annotated section 37-1-103 (2005), which defines areas of exclusive original jurisdiction, and section 37-1-104 (2005), which defines areas of concurrent jurisdiction.”
State Dep't of Human Servs. v. Gouvitsa, 735 S.W.2d 452 (Tenn. Ct. App. 1987). “iginal jurisdiction of the following proceedings, which are governed by this part: (1) Proceedings in which a child is alleged to be delinquent, unruly, or dependent and neglected, or to have committed a juvenile traffic offense as defined in § 37-1-146; That this jurisdiction…”
Arnold v. Gouvitsa, 735 S.W.2d 458 (Tenn. Ct. App. 1987). “iginal jurisdiction of the following proceedings, which are governed by this part: (1) Proceedings in which a child is alleged to be delinquent, unruly, or dependent and neglected, or to have committed a juvenile traffic offense as defined in § 37-1-146; That this jurisdiction…”
In re S.L.M., 207 S.W.3d 288 (Tenn. Ct. App. 2006). “Accordingly, we have concluded that Tenn.Code Ann. § 37-1-104(a)(2) gave the juvenile court jurisdiction and authority to enter the August 15, 2005 order granting the Levines custody of their grandchildren.”
Johnson v. Turner, 125 F.3d 324 (6th Cir. 1997). “That court’s jurisdiction extended to proceedings to establish paternity and to provide for the support and education of children born out of lawful wedlock, to enforce the court’s orders in those cases, Tenn.Code Ann. § 37-1-103, and to obtain child support for any minor child…”
Webb v. Wilson, 980 S.W.2d 372 (Tenn. Ct. App. 1998). “T.C.A. § 37-1-104(c). T.C.A. § 36-1-113 provides: Termination of parental rights.”
In Re Slm, 207 S.W.3d 288 (Tenn. Ct. App. 2006). “Tenn. Code Ann. § 37-1-104 (a)(2) explicitly gives juvenile courts concurrent jurisdiction with probate courts over proceedings to "[d]etermine custody or appoint a guardian of the person of a child.”
In Re Houston D., No. W2021-00979-COA-R3-JV (Tenn. Ct. App. Aug. 16, 2022). “Tenn. Code Ann. § 37-1-104 (f) (emphasis added).”
State/Carolyn Collier v. Ephram Collier, No. 02A01-9901-JV-00027 (Tenn. Ct. App. July 29, 1999). “Tenn. Code Ann. §§ 37-1-104 (d)(1)(A), (c), (d)(2) (Supp.”
Meredith Craft v. Juv. Court of Shelby Cnty., 173 S.W.3d 736 (Tenn. Ct. App. 2005). “This statute is unambiguous, and this Court has interpreted it consistently to mean that no other court shares jurisdiction with juvenile court in deciding dependency and neglect proceedings.”
In Re Dyh, 226 S.W.3d 327 (Tenn. 2007). “Tennessee Code Annotated section 37-1-103 provides in relevant part: (a) The juvenile court has exclusive original jurisdiction of the following proceedings, which are governed by this part: (1) Proceedings in which a child is alleged to be delinquent, unruly or dependent and…”
Tenn. Code Ann. § 37-1-104(a)(2): 4 cases
In re S.L.M., 207 S.W.3d 288 (Tenn. Ct. App. 2006). “Accordingly, we have concluded that Tenn.Code Ann. § 37-1-104(a)(2) gave the juvenile court jurisdiction and authority to enter the August 15, 2005 order granting the Levines custody of their grandchildren.”
In Re Slm, 207 S.W.3d 288 (Tenn. Ct. App. 2006). “Tenn. Code Ann. § 37-1-104 (a)(2) explicitly gives juvenile courts concurrent jurisdiction with probate courts over proceedings to "[d]etermine custody or appoint a guardian of the person of a child.”
State of Tennessee v. Havin Hameed, No. M2009-00152-CCA-R9-CD (Tenn. Crim. App. Sept. 15, 2010).
Tip & Barbara Terry v. Scott Botts, No. E2000-01288-COA-R3-CV (Tenn. Ct. App. Feb. 22, 2001).
Tenn. Code Ann. § 37-1-104(c): 5 cases
Webb v. Wilson, 980 S.W.2d 372 (Tenn. Ct. App. 1998). “T.C.A. § 37-1-104(c). T.C.A. § 36-1-113 provides: Termination of parental rights.”
In Re: Michaela v., No. E2013-00500-COA-R3-PT, 2013 WL 6096367 (Tenn. Ct. App. Nov. 19, 2013).
State of Tennessee, Dep't of Human Servs. v. Sylvia Fetterolf Ford, & Stanley Fetterolf, No. 01A01-9704-JV-00171 (Tenn. Ct. App. Feb. 6, 1998).
State of Tennessee Dep't of Human Servs. v. Sylvia Fetterolf Ford, & Stanley Fetterolf, No. 01A01-9704-JV-00171 (Tenn. Ct. App. Nov. 14, 1997).
In Re Joshua M., No. E2021-01527-COA-R3-PT, 2022 WL 4666232 (Tenn. Ct. App. Oct. 3, 2022).
Tenn. Code Ann. § 37-1-104(d)(1)(A): 2 cases
State of Tennessee, ex rel. Gwender L. Taylor v. Ian W. Taylor, Sr., No. W2004-02589-COA-R3-JV, 2006 WL 618291 (Tenn. Ct. App. Mar. 13, 2006).
In Re: Donovyn B. H., No. W2013-02268-COA-R3-JV (Tenn. Ct. App. May 16, 2014).
Tenn. Code Ann. § 37-1-104(d)(1)(C): 1 case
In Re: Donovyn B. H., No. W2013-02268-COA-R3-JV (Tenn. Ct. App. May 16, 2014).
Tenn. Code Ann. § 37-1-104(d)(1)(a): 1 case
State/Carolyn Collier v. Ephram Collier, No. 02A01-9901-JV-00027 (Tenn. Ct. App. July 29, 1999). “Tenn. Code Ann. §§ 37-1-104 (d)(1)(A), (c), (d)(2) (Supp.”
Tenn. Code Ann. § 37-1-104(d)(1)(c): 1 case
State/Carolyn Collier v. Ephram Collier, No. 02A01-9901-JV-00027 (Tenn. Ct. App. July 29, 1999). “Tenn. Code Ann. §§ 37-1-104 (d)(1)(A), (c), (d)(2) (Supp.”
Tenn. Code Ann. § 37-1-104(d)(2): 1 case
State/Carolyn Collier v. Ephram Collier, No. 02A01-9901-JV-00027 (Tenn. Ct. App. July 29, 1999). “Tenn. Code Ann. §§ 37-1-104 (d)(1)(A), (c), (d)(2) (Supp.”
Tenn. Code Ann. § 37-1-104(f): 12 cases
In Re Baby, 447 S.W.3d 807 (Tenn. 2014). “§ 37-1-104 (providing matters within the concurrent jurisdiction of the juvenile courts).”
Linda Smallwood v. Jessica Mann, No. W2004-02574-SC-R11-JV (Tenn. Nov. 7, 2006).
In Re Baby, No. M2012-01040-SC-R11-JV (Tenn. Sept. 18, 2014).
Sandra Ann Pippin v. Christina Michelle Pippin, No. M2018-00376-COA-R3-CV (Tenn. Ct. App. May 14, 2020).
In Re Houston D., No. W2021-00979-COA-R3-JV (Tenn. Ct. App. Aug. 16, 2022). “Tenn. Code Ann. § 37-1-104 (f) (emphasis added).”
Tenn. Code Ann. § 37-1-104(f)(2007): 1 case
In the matter of: Sydney T. C. H., No. M2009-01230-COA-R3-JV (Tenn. Ct. App. Mar. 31, 2010).
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