Tennessee Child Custody Questions & Answers
Q: How do I go about legal guardianship of my granddaughter
Hire a competent attorney to file the Petition For Guardianship. As a Grandparent, the parents are going to have to be served and will probably contest it.
Q: Hi I go to court in Bristol tennessee and I've got a few charges I would just like some clarification on please.
1.39-17-425 POSS UNLAW DRUG PARAPHERNALIA USES & ACTIVITIES. 2. 39-17-434 (b) METH - POSSESS OR CASUAL EXCHANGE. 3. 40-39-208 SEXUAL OFFENDER REGISTRATION FORM VIOLATION. I do have a little bit of a past but I was doing real well and that 3rd charge I did not know I even had until now. Can you... Read more »
It would be impossible to say without having the complaint or charging documents available to read.
Q: I turn 18 in october, but i’m still in high school. Can i legally move out in the state of Tennessee when i turn 18?
At age 18, any person is considered an adult in Tennessee ( except for the purchase or consumption of alcohol, for which the minimum age is 21).
The real issue, which is not stated in your question, is whether you should move out: do you have the maturity and resources to live... Read more »
Q: Would the courts go back and use texts and pictures 4 years back
4 years ago I got custody of my granddaughter due to my daughter getting in trouble, the other grandmother was on the order to help me while I work on Saturday, it lasted not even 6 weeks. When my daughter got out of jail. The other grandmother stop helping me so with my daughter couldn’t be... Read more »
Depends on if the proffered evidence is admissible. Consult local counsel for advice.
Q: In a custody case can someone use texts and pictures 4 years back
4 years ago my daughter went to jail over drugs, I got custody of my granddaughter, after staying clean for 3 and half years, she lost her son and relapsed, now she is back in jail and her lawyer is trying to get her in rehab. Now I’m having to fight for custody with the other grandmother who... Read more »
Depends on if the proffered evidence is admissible. Consult local counsel for advice.
Q: Can the courts use texts or pictures from 4 years back on a custody case
I had custody of my granddaughter 2015 until 2016 my daughter stayed cleaned for 4 years and released now I'm going for my granddaughter and so is the other grandmother who hadnt had a relationship with her the other grandmother is stating she has texts and pictures where I left my daughter... Read more »
Depends on whether the court determines those pictures and texts to be relevant and admissible. They may not be relevant being four years old.
Q: How does a father get full custody in Tennessee?
My boyfriends children (3 and 2) have been with him over a year now, only seeing the biological mother 3 times in one year.
He is wanting full custody of them.
He would file a complaint for custody and child support with the circuit court in the county where he resides. There are forms available online from the State of Tennessee - but it would be wise to consult with local counsel to determine his best course of action. These cases can be complicated.
Q: My daughter is pregnant and unmarried. She lives in Bradley County, Tennessee and he lives in Walker County, GA. He will
still be in high school when the baby is born. My daughter is in college. She will be living with my husband and I. We are stable and able to help her financially with the bab . My question is since he is still in high school would it be who of her to establish a custody agreement prior to the baby... Read more »
In Tennessee, I do not think it's possible to establish "custody" of an unborn child. Think about that- who else can have custody of an unborn child? Additionally, Tennessee law no longer favors the use of the word "custody" - the preferred term is "primary residential parent." Once the child is... Read more »
Q: Can I overturn a verdict based on the service of process. Hearing stated my whereabouts were unknown.
Emergency custody hearing.
The timeline of events is important. An attorney would need much more information to evaluate your case and determine your options. Consult with a local attorney asap to determine your rights.
Q: If my son's father is paying child support but there is no custody order at all, can I move from tennessee to florida?
It is possible. You must comply with the statutes regarding relocation including given the proper notice. See, e.g., TCA 36-6-108. You would be wise to consult with a local attorney first to make sure you do it correctly.
Q: In tennessee can a women sign as the father on a birth certificate when the child is born?
Will they get the "fathers" last name and rights to the child?
Only the father can sign a V.A.P. ( voluntary acknowledgement of Paternity). If not signed by the father at the time of birth, the only way to established parentage for a child born out of wedlock is for either parent to file paternity proceedings and have DNA testing done.
Q: I got someone pregnant but am married to someone else. She is in Tennessee and I am in Alabama.
She says she will sign away me having any responsibility for the child including child support for a sum of money. Can this be done?
Not under Tennessee law. Parental rights can be terminated only if another man is willing to adopt the child.
Q: I've been trying to find a lawyer for quite some time now. I need a lawyer to petion the court for custody of my niece
She was born 11-05-2016. I had her until 03-2018. Which her biological mother had another baby born positive for drugs. Crittenden county DHS TOOK custody of both children. I've went to all court dates until crittenden county dhs supervisor told me to petion the court and has not given me... Read more »
Apparently Jurisdiction lies in Arkansas, not Tennessee, at least at this stage. So you are asking for help in the wrong State. Start calling Arkansas Attorneys.
Q: What do I need to do to be emancipated in Williamson county TN
What extra steps do I need to take as a 16 year old if my Guardian denies me permission to be emancipated, but my biological father agrees and my biological mother is missing? My guardian is my great aunt, I have a job at a sushi place, my father is offering me a home with him, and I do not have my... Read more »
You state no reasons for needing Emancipation, which is rarely a good status. But virtually any lawyer can file the Request with Juvenile Court. Without a Driver's License and transportation, it will probably be denied.
You will have plenty of time to be a responsible taxpayer in two... Read more »
Q: As of 6/29/19 I will be a resident of TN for 6 months and need to have my custody case transferred.
Additionally, I need to see what can be done to hold my ex in contempt for not returning my son by the date/time he was supposed too, not allowing a family member to pick up my son and bring him to me on the date he was due back, not allowing him to speak to me while he was gone for 43 day (maybe... Read more »
From that description, you have a significant number of potential legal issues. I recommend you consult with a local family law attorney. You would need to transfer the case to Tennessee before you could file for contempt. Your easier route for the contempt action could be filing for contempt in... Read more »
Q: Can you sue the DHS if they caused financial hardships due to negligence on their part?
It would be difficult to sue a government entity. You would likely need a lawyer as a result of the defenses to any such action.
Q: My daughter’s father and I have an established parenting plan. He comes and goes as he pleases and also does not pay
His child support. He also doesn’t have a place to live or a car. He was arrested for a felony drug charge recently. Is that enough to file a request to stop visits or ask for supervised visits?
Those are certainly reasons to be concerned, but since your question doesn't mention the age of the child ( and lots of other factors the Judge has to consider) no lawyer can provide a guaranteed result. Will cutting off the child's relationship with her father truly benefit the child? If the... Read more »
Q: can I use a Tennessee attorney who is licensed in FL, for FL case
It is to change my time sharing with my children, originally filed in FL, I live in TN
If an attorney is licensed in both states then yes, you can use the same lawyer. But your expenses and attorney's fees may significantly increase if the Tenn. lawyer has to travel to Florida for hearings and such.
Q: Do judges ever grant full custody back to a parent who currently has supervised visitation only?
I am unaware of a case in which that has happened. I imagine there may have been some cases in which that has happened though. Tennessee child custody law is concerned with the best interest of the child. If the parent who currently only has supervised visitation can show changed circumstances that... Read more »
Q: Abusive ex re-opening custody case
A judge found my ex abusive of our children during his visitations with them and issued a restraining order and court-ordered therapy. The case was closed. It's two years later and my ex is re-opening the case. What is the process? My oldest is 11 and wants nothing to do with the visits. She has... Read more »
If a Judge made a finding of fact that your ex was abusive, then your ex should have quite an uphill battle in convincing any Court that he is rehabilitated enough to have visitation at any point in the future. I recommend you consult with an experienced family law attorney in your area.... Read more »
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