Knoxville, TN asked in Child Custody, Divorce and Family Law for Tennessee

Q: Can I file for emergency custody of my children when I file for divorce?

I have no filed yet but my husband is an addict and I am scared for my kids to he with him wothoit me around.

2 Lawyer Answers
Ross Matuszak
Ross Matuszak

A: Thank you for your question. Yes, you can file for full custody while the divorce is pending if you suspect that the children may be in danger due to your spouse's addiction issues. I would recommend hiring an attorney to assist you with the process to ensure that your children are protected.

Sam  English
Sam English pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Yes. Your attorney can request injunctive relief in your divorce case. It will require you prove with an affidavit that facts and circumstances exist that create a risk of irreparable harm to the child. The Court will (generally) set a hearing within 15 days of the temporary injunction.

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