TBA’s Family Law Bill, Legislative Package Advance in the General Assembly

The family law bill from the TBA’s legislative package (SB1488/HB1851) unanimously passed the House today. The bill strengthens parental rights regarding custody orders, requires parenting plans to be notarized, standardizes the child custody determination factors across the code, and was proposed at the suggestion of the TBA Family Law Section. The bill previously passed the Senate chamber on Feb. 24, but will go back to the Senate to hammer out minor inconsistencies.

The family law bill is one part of a diverse package of initiatives from the TBA, its Sections and Committees, all of which appears to be headed to early passage. The package includes a statute of repose for legal malpractice, an overhaul of the Nonprofit Corporations Act, liability protection for partners in an LLP and various changes in probate and trust law.

The statute of repose for legal malpractice action (SB1506/HB1675) would limit actions to five years from the date of injury (with exceptions for fraud) and passed the Senate on Feb. 5. It has advanced out of the House Civil Justice Committee and is currently in the House Calendar and Rules Committee, waiting for a vote on the House floor.

A comprehensive overhaul of the state’s nonprofit corporation act (SB1505/HB11442) is the result of three years of work of a TBA committee led by Nashville attorney Richard Johnson. The revised act has passed the Senate on Feb. 24, and is currently in the House Finance Subcommittee.

Liability protection for LLP partners is the goal of SB1613/HB1964. The bill makes clear that partners are not personally liable for an obligation solely by reason of being a partner. This bill passed the Senate on Feb. 12, and is on the calendar for the House Business and Utilities Committee on March 11.

A bill to make technical changes in probate and trusts law passed out of the Senate Judiciary Committee this week and is on the calendar in the House Civil Justice Committee next week. The bill (SB1907/HB2068) also specifies a process for creditor claims against former tenants by the entirety property.

You can find more information about all of these bills on our new advocacy tool, TBAImpact. TBAImpact allows you to communicate directly with your representatives in the General Assembly on issues important to the legal profession. Log in and make your voice heard today.