§ 36-1-123 — Biological parents illegally obtaining custody of a child - Custodial interference - Survival of existing restraining order

(a) Any biological or prior legal parents or guardian whose rights to a child have been terminated by order of any court under this part or any other title or by the laws of any other state or territory, or foreign country, or by a surrender, parental consent, or waiver of interest, and who shall, otherwise than by legal process, obtain custody of the child shall be in violation of and shall be subject to prosecution pursuant to § 39-13-306 . (b) A restraining order or order of protection that restrains any person from contacting or otherwise interfering with a child and that is entered prior to the finalization of the adoption shall survive the adoption of the child unless such order is expressly set aside by the court that entered the order or the court hearing the adoption. Actions to enforce or modify such order post-adoption may be brought by the adoptive parent in the court that issued the order or in the court that heard the adoption.

Legislative History

Amended by 2022 Tenn. Acts, ch. 937, s 7, eff. 7/1/2022. Amended by 2016 Tenn. Acts, ch. 919, s 17, eff. 7/1/2016. Acts 1951, ch. 202, § 32 (Williams, § 9572.46); T.C.A. (orig. ed.), § 36-133; §36-1-132; Acts 1995, ch. 532, § 1.