Statutory Injunctions in Parentage Cases

In Tennessee, statutory injunctions that once applied only to divorcing couples now apply in child custody and parentage cases. Parents who were never married must follow the same rules as divorcing parents while a custody or parentage case is pending. Temporary injunctions can include restrictions on moving children certain distances, along with other matters, without the Court’s permission.

Statutory injunctions in parentage cases can set the tone for child custody litigation moving forward, and it is important to understand how injunctions will impact you and your child. To learn more about how injunctions play a role in Tennessee parentage cases, contact an experienced child custody lawyer from Cole Guindi & Pienkowski today.

What Can a Statutory Injunction in a Parentage Case Accomplish?

A statutory injunction under Tennessee Code Annotated § 36-6-116 will be issued at the start of a parentage case, acting essentially as a “pause button” to prohibit certain actions. With the injunction in place, parents will typically be barred from any of the following.

Child Relocation

Neither parent will be allowed to relocate the child outside the state of Tennessee, or more than 50 miles from the other parent. If a parent wishes to relocate out of state or over 50 miles, they must obtain written consent from the other parent or an order from the judge holding jurisdiction over their case.

Evidence Spoliation

Hiding, destroying, or spoiling evidence that is relevant to an open child custody matter is prohibited. Destruction of physical or digital evidence, such as text messages, social media posts, and other data, can lead to serious repercussions for the offending parent.

Insurance Manipulation

Neither parent can cancel, modify, or allow an insurance policy to lapse when it provides coverage to the minor child.

Harassment & Disparagement

A statutory injunction in a parentage case will bar parents from threatening, harassing, abusing, and intimidating the other parent, including disparaging remarks about the other parent in the presence of the child, the other parent’s employer, and others.

If you are involved in a parentage case in Tennessee, you will be subject to these statutory restrictions unless an exception applies or the court allows you to modify the terms. Our experienced child custody lawyers will work with you to make sure you understand the injunction and ensure the other parent is following the court’s orders.

How Statutory Injunctions Shape Litigation in Parentage Cases

Before TCA § 36-6-116 was enacted, unmarried fathers trying to establish parentage and parents in custody cases had to file emergency motions or Temporary Restraining Orders when the other parent engaged in improper conduct. Now, the injunction has immediate effect to keep parents from hiding assets, moving away with the child, canceling insurance, and generally cutting off the other parent.

Additionally, the injunctions can save on time-consuming litigation over emergency issues involving parental conduct. Instead of an influx of emergency petitions while a case is ongoing, the injunction holds both parents accountable and gives a court tools to find parents in contempt of court when they violate an injunction.

A statutory injunction also creates a “cooling off” period to keep things civil while a parentage case is ongoing. Following the framework of an injunction requires both parents to act on their best behavior and in the best interests of the child.

Our Knoxville Child Custody Attorneys Can Help You Understand Statutory Injunctions

Statutory injunctions in parentage cases are an essential part of the process when you are trying to establish parentage or custody in Knoxville. The injunctions are enforceable against either parent, so it is critical to understand how they function. Contact our legal team at Cole Guindi & Pienkowski today to learn more.