Legal Steps to Take if You Want Full Custody in Tennessee

Obtaining full custody of a child in Tennessee involves a series of legal steps that require careful planning and compliance with the state's laws. If you're considering pursuing full custody, it’s crucial to understand the process and the requirements involved.

1. Understand the Types of Custody
In Tennessee, custody is categorized into two primary types: legal custody and physical custody. Legal custody pertains to making significant decisions about the child's upbringing, including education and healthcare, while physical custody refers to where the child lives. Full custody generally means receiving both legal and physical custody.

2. Establish Grounds for Full Custody
Before filing for full custody, you must establish valid grounds. Courts in Tennessee prioritize the best interests of the child, so your reasons must reflect this. Common grounds for seeking full custody include issues like abuse, neglect, substance abuse, and the other parent’s inability to provide a stable environment.

3. Prepare Your Case
Collect relevant evidence to support your claim for full custody. This might include documentation of any incidents of abuse or neglect, evidence of the other parent's unstable lifestyle, or proof that you have been the primary caregiver. Additionally, witness statements from friends or family can strengthen your case.

4. File a Petition
To initiate the legal process, you need to file a petition for full custody in the appropriate family court in your county. Ensure that the petition clearly outlines your request and is supported by the evidence you have gathered. You will also need to file a summons to notify the other parent.

5. Attend Mediation
Tennessee law often requires parents to attend mediation before a court hearing. The goal of mediation is to reach a mutually satisfactory agreement regarding custody and visitation. Be prepared to discuss your concerns, as well as your desires for your child's future. If mediation is unsuccessful, your case will proceed to a formal hearing.

6. Prepare for Court
If mediation does not resolve the custody dispute, a court hearing will be scheduled. Prepare thoroughly by organizing your evidence, developing your arguments, and possibly securing legal representation. Your attorney can provide guidance on what to expect during the hearing and how to present your case effectively.

7. Present Your Case
During the court hearing, both parents will have the opportunity to present their cases. This includes providing evidence, calling witnesses, and making arguments that demonstrate why full custody is in the best interests of the child. The judge will consider all evidence and testimonies presented before making a decision.

8. Await the Court's Decision
After the hearing, the judge will issue a ruling on the custody arrangement. If awarded full custody, make sure to adhere to any court orders regarding visitation or co-parenting arrangements with the other parent. If the decision is not in your favor, you may have the option to appeal.

9. Consider Future Modifications
Life circumstances change, and you may find it necessary to modify the custody arrangement in the future. Tennessee law allows for modifications to custody orders if there is a substantial change in circumstances. It's essential to keep this in mind as you navigate the custody process.

Conclusion
Navigating the legal steps to obtain full custody in Tennessee can be complex, but being informed and prepared will help you advocate for the best interests of your child. Always consider consulting with a family law attorney to ensure you fully understand your rights and responsibilities.