(a) A party may contest the transfer of the case by filing a motion in the transferor court for that purpose within fifteen (15) days of the mailing date of the notice from the requesting party. Unless it is shown by the nonrequesting party that notice of the request for transfer was not received, failure to contest the transfer request within the fifteen-day period waives an objection to the transfer request.

Terms Used In Tennessee Code 36-5-3007

  • Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Tennessee Code 36-5-2101
  • Court: means , except as provided in §. See Tennessee Code 36-5-3002
  • Filing: means the initiation of judicial action by the completion of a motion or petition seeking to order the alteration of a legal status through the act of sending or bringing the motion or petition to the office of the clerk of the court. See Tennessee Code 36-5-3002
  • Outside this state: means a location in another state or a country other than the United States, whether or not the country is a foreign country. See Tennessee Code 36-5-2101
  • Request: means a statement of a requesting party seeking transfer of a custody or child support case to the court of another county. See Tennessee Code 36-5-3002
  • Requesting party: means custodial parent, noncustodial parent or, in Title IV-D child support cases, the department or its contractor. See Tennessee Code 36-5-3002
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. See Tennessee Code 36-5-2101
  • Transfer: means the process by which the transferor court, upon request, moves the case to a court where the child resides thereby conferring jurisdiction on the transferee court. See Tennessee Code 36-5-3002
(b) The contest of the transfer shall be limited to whether:

(1) One (1) party or the child or children continue to reside in the transferor county;
(2) The child or children have resided in the transferee county for at least six (6) months; or
(3) In the case of a request for transfer alleging the child or children are residing outside this state:

(A) The noncustodial parent/obligor resides in the county to which the case is to be transferred; or
(B)

(i) If the child or children have not resided outside this state for at least six (6) months, the custodial parent/obligee objects to the transfer; or
(ii) The child or children and their custodial parent/obligee have resided outside this state for at least six (6) months.
  Previous section
Next section  
 Part 30 Contents