It is not common for state lawmakers to agree so universally on an issue that a bill passes the legislature unanimously. However, that is exactly what happened when Tennessee lawmakers enacted Abrial’s Law earlier in 2024.
The General Assembly voted unanimously in support of Abrial’s Law, and Governor Bill Lee signed it into law on April 23rd, 2024. This new law seeks to address oversights in existing Tennessee state statutes to protect children exposed to violence in their homes.
What does Abrial’s Law require?
When hearing child custody cases, concerns about abuse often do not carry the weight people might expect. The child who inspired the name of this new law was in a very difficult home environment. Court records indicate that the child developed post-traumatic stress disorder (PTSD) because of significant abuse while living with her father.
The courts awarded the child a no-contact order because of that abuse. Sadly, the courts also forced the child to undergo a reunification program that put her back into the home of her abuser. The justification for that was that her younger sister still regularly saw her father. The courts did not hear information about the abuse the father had committed against a former spouse and two other children.
Under Abrial’s Law, the courts have to consider factors including the abuse of siblings when making custody determinations. Judges now have to undergo specialized evidence-based training related to domestic violence and child abuse if they hear child custody cases.
The law also restricts reunification orders by prohibiting them in cases where a child is likely to experience additional abuse or harm. Reunification should only occur when it is in the best interests of the child. The law also protects the rights of the non-abusive parent should the courts order reunification.
For parents who worry about protecting their children from a volatile parent, Abrial’s Law could help them achieve that goal. Changing laws in Tennessee can have major implications for those with shared custody, parents preparing for divorce and families navigating juvenile court proceedings. Abrial’s Law could potentially help protect more Tennessee children from abuse in contested custody scenarios.