How to Seek Custody of Your Children in Tennessee

Seeking custody of your children in Tennessee involves several steps that require a clear understanding of family law and the court process. Whether you are a parent looking to establish custody or modify an existing arrangement, knowing the right steps can make the process smoother.

Understanding Custody Types
In Tennessee, there are two primary types of custody: legal custody and physical custody. Legal custody refers to the right to make important decisions about your child's upbringing, including education, health care, and religious training. Physical custody pertains to where the child lives. You may seek sole custody, where one parent has both legal and physical custody, or joint custody, where both parents share these responsibilities.

Filing a Petition
The first step in seeking custody is to file a petition with the appropriate court. In Tennessee, custody cases typically fall under the jurisdiction of the Circuit Court or the Chancery Court. You will need to fill out and file a petition for custody, detailing your relationship with the child, the current custody arrangement, and why you believe a change is necessary.

Establishing Standing
Before you can file for custody, you need to establish standing. Generally, only parents or legal guardians have the right to seek custody. However, in some instances, other relatives or third parties may have standing if they can prove a significant relationship with the child.

Gathering Evidence
To strengthen your case for custody, gather evidence that demonstrates your ability to provide a stable and nurturing environment for the child. This may include documentation of your living situation, income, parenting history, and any other relevant information that shows you can meet the child’s needs. Witness statements can also be beneficial.

Mediation and Hearing Process
After filing your petition, the court may require you to attend mediation sessions to try and come to an agreement with the other parent. If mediation does not result in a resolution, a court hearing will be scheduled. During the hearing, both parents will present their case, and the judge will consider various factors such as the child’s best interests, the parents’ living situations, and any history of domestic violence or substance abuse.

Best Interest of the Child Standard
Tennessee courts prioritize the best interest of the child when making custody decisions. Factors considered include the child’s relationship with each parent, the stability of each parent’s home environment, and the child’s emotional and educational needs. Be prepared to show how your custody arrangement aligns with these factors.

Complying with Court Orders
If the court grants you custody, it is crucial to comply with all court orders regarding visitation and custody arrangements. Failing to follow these orders can result in legal consequences and may impact future custody decisions.

Potential for Modifying Custody
If circumstances change, you may have the option to seek a modification of the custody order. You will typically need to show a significant change in circumstances that justifies the request. This could include changes in the child’s needs, a change in a parent’s living situation, or issues that affect the wellbeing of the child.

Consulting with an Attorney
The custody process can be complex and emotionally taxing. Seeking guidance from an experienced family law attorney in Tennessee can be invaluable. A lawyer can help you navigate the legal system, ensure that your rights are protected, and advocate for the best interests of your child effectively.

In preparation for seeking custody in Tennessee, ensure that you are informed and ready for the legal journey ahead. By understanding the process and requirements, you can advocate for your parental rights and the wellbeing of your child.