Tennessee Code Annotated
Tenn. Code Ann. § 37-1-139 (2026)
Modification of orders
✓ current as of May 2026
- (a) Except as provided in § 36-1-113(q), an order of the court shall be set aside if it appears that:
- (1) It was obtained by fraud or mistake sufficient to satisfy the legal requirements in any other civil action;
- (2) The court lacked jurisdiction over a necessary party or of the subject matter; or
- (3) Newly discovered evidence so requires.
- (b) Except for an order terminating parental rights or an order of dismissal, an order of the court may be changed or modified:
- (1) Upon a finding of changed circumstances and that the change or modification is in the best interest of the child;
- (2) If the order contains clerical mistakes; or
- (3) If newly discovered evidence so requires.
- (c) In no event shall modification of an agreed order result in a child being placed into the custody of the department of children's services without the appropriate petition having been filed with the clerk of the court alleging the child to be dependent, neglected, abused, unruly, or delinquent. This subsection (c) shall not be construed as eliminating the judicial findings required for children in state custody by §§ 37-1-166 and 37-2-409 or as otherwise required by case law and federal regulations.
- (d) [Deleted by 2016 amendment.]
- (e) [Deleted by 2016 amendment.]
Amended by 2016 Tenn. Acts, ch. 717,s 6, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 600,Secs.s9, s10 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 600,s 8, eff. 7/1/2016.
Acts 1970, ch. 600, § 38; T.C.A., § 37-238; Acts 1989, ch. 278, § 40; 1995, ch. 532, § 12; 1996, ch. 1079, § 73; 2007, ch. 199, §§ 5-8.
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 2010–2022 · leading case: In Re Isaiah L., 340 S.W.3d 692 (Tenn. Ct. App. 2010).
In Re Isaiah L., 340 S.W.3d 692 (Tenn. Ct. App. 2010). “[8] Section 37-1-130(c) provides: (c) If the child is found to be dependent and neglected under § 37-1-102(b)(12)(G) as a result of brutality or abuse, the court shall not return the child under subsection (a) or § 37-1-139(b), (d), or (e) to the custody or residence of any…”
In re: T. W. (Tenn. Ct. App. 2013). “filed a petition to vacate pursuant to Tenn. Code Ann. § 37-1-139 and Tenn. R. Juv.”
In re: B. R. (Tenn. Ct. App. 2013). “filed a petition to vacate pursuant to Tenn. Code Ann. § 37-1-139 and Tenn. R. Juv.”
In re: A. W. (Tenn. Ct. App. 2013). “filed a petition to vacate pursuant to Tenn. Code Ann. § 37-1-139 and Tenn. R. Juv.”
In re: M. R. (Tenn. Ct. App. 2013). “filed a petition to vacate pursuant to Tenn. Code Ann. § 37-1-139 and Tenn. R. Juv.”
In Re: Landon A. F. (Tenn. Ct. App. 2011). “Mother then retained an attorney, who filed a motion on May 3, 2010 to set aside or vacate the order, pursuant to Tenn. Code Ann. § 37-1-139 and Tenn. R. Civ.”
In Re Emmalee O. (Tenn. Ct. App. 2018). “-4- On January 12, 2016, Father sought relief in the juvenile court, again requesting post-judgment relief from the trial court’s 2014 orders, but under Rule 34 of the Rules of Juvenile Procedure and Tennessee Code Annotated section 37-1-139. In its pre-trial conference order…”
In Re Emmalee O. (Tenn. Ct. App. 2018). “On January 12, 2016, Father sought relief in the juvenile court, again requesting post-judgment relief from the trial court’s 2014 orders, but under Rule 34 of the Rules of Juvenile Procedure and Tennessee Code Annotated section 37-1-139. In its pre-trial conference order filed…”
In Re: T.W. (Tenn. Ct. App. 2012). “filed the Petition to Vacate pursuant to Tenn. Code Ann. § 37-1-139 and Rule 34 of the Tennessee Rules of Juvenile Procedure.”
In Re: M.R. (Tenn. Ct. App. 2012). “filed the Petition to Vacate pursuant to Tenn. Code Ann. § 37-1-139 and Rule 34 of the Tennessee Rules of Juvenile Procedure.”
In Re: B.R. (Tenn. Ct. App. 2012). “filed the Petition to Vacate pursuant to Tenn. Code Ann. § 37-1-139 and Rule 34 of the Tennessee Rules of Juvenile Procedure.”
In Re: A.W. (Tenn. Ct. App. 2012). “filed the Petition to Vacate pursuant to Tenn. Code Ann. § 37-1-139 and Rule 34 of the Tennessee Rules of Juvenile Procedure.”
— Tenn. Code Ann. § 37-1-139(b) — 4 cases
In Re Isaiah L., 340 S.W.3d 692 (Tenn. Ct. App. 2010). “[8] Section 37-1-130(c) provides: (c) If the child is found to be dependent and neglected under § 37-1-102(b)(12)(G) as a result of brutality or abuse, the court shall not return the child under subsection (a) or § 37-1-139(b), (d), or (e) to the custody or residence of any…”
State Dep't of Child.'s Servs. v. Dianne P., 340 S.W.3d 692 (Tenn. Ct. App. 2010).
In Re Emmalee O. (Tenn. Ct. App. 2018). “-4- On January 12, 2016, Father sought relief in the juvenile court, again requesting post-judgment relief from the trial court’s 2014 orders, but under Rule 34 of the Rules of Juvenile Procedure and Tennessee Code Annotated section 37-1-139. In its pre-trial conference order…”
In Re Emmalee O. (Tenn. Ct. App. 2018). “On January 12, 2016, Father sought relief in the juvenile court, again requesting post-judgment relief from the trial court’s 2014 orders, but under Rule 34 of the Rules of Juvenile Procedure and Tennessee Code Annotated section 37-1-139. In its pre-trial conference order filed…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.