how to get custody in tennessee without a lawyer

As the father, you may petition a Tennessee family court for full or joint custody. If you and the child’s Mother do not have an agreement, then you will be required to participate in mediation once your petition is filed.

Full Answer

How do I get custody of my child in Tennessee?

If the parents are on amicable terms they may agree to custody terms in a parenting agreement between themselves, or via a mediator. If child custody is disputed, however, they will have to receive a child custody order from a Tennessee judge, who will attempt to make a custody decision that is in the "best interests of the child".

How can I get custody without a lawyer?

In court, be polite and respectful at all times. Do not allow the judge to see your anger and frustration. Instead, focus on being pleasant and attentive, and stick to the facts of your case. Do not give up. Getting custody without a lawyer is difficult, and you're probably going to face some setbacks along the way.

Can a father win a child custody case in Tennessee?

Tennessee law prevents a father from winning unless the last name change promotes the child’s best interests.

When do you need a temporary custody order in Tennessee?

However, it’s not always as severe; a temporary custody order in Tennessee may be needed as a divorce is in progress or a modification of a custody order. This can be for situations where one parent’s financial situation has changed, job status has been altered, or living arrangements have changed.

How much does it cost to file for custody in TN?

Take your forms to the proper court and pay the filing fees. You'll pay $250 to $400 for divorce, at least $100 for separation and about $150 for a custody-only case.

How do I get full custody of my child in Tennessee?

As the father, you may petition a Tennessee family court for full or joint custody. If you and the child's Mother do not have an agreement, then you will be required to participate in mediation once your petition is filed.

Does Tennessee favor mothers in custody cases?

While some judges may assign (or have assigned) this parenting time routinely, today Tennessee child custody judges will grant the father (or mother) who is not the custodial parent a hearing to evaluate parenting time. Fathers are being awarded more parenting time than ever.

How is custody determined in TN?

Custody can be decided at any point between the parties. A court can award temporary custody if requested by either of the parties. Custody may be decided at mediation. If the parties cannot reach an agreement, custody will be decided by the court at a trial.

What can be used against you in a custody battle?

The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.

What do judges look for in child custody cases?

The child's age, gender, characteristics and background will all be a factor in the decision process. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child's needs.

What is considered an unfit parent in Tennessee?

Tennessee Code on Parental Restrictions, Unfit Parents The parent has engaged in willful abandonment that continues for an extended period of time. Physical or sexual abuse or a pattern of emotional abuse of the parent, child, or another person in the home has occurred.

At what age in TN can a child decide which parent to live with?

12In Tennessee, according to Tenn. Code Ann. § 36-6-106, there are several factors which a family court judge must take into consideration when they are deciding child custody. Section 13 of the General Custody Provisions allows for “The reasonable preference of the child if twelve (12) years of age or older.

Can a mother move a child away from the father?

Parents can agree to a relocation. If both parents consent to the child moving and can agree on a new custody arrangement that considers the new location and provides the noncustodial parent a sufficient amount of time with the child, a judge may approve it if it meets the child's best interests.

How long does a parent have to be absent to lose rights in Tennessee?

four consecutive monthsIn Tennessee, a court may terminate parental rights based on abandonment if there is clear and convincing evidence that a parent willfully failed to support the child, willfully failed to make reasonable or consistent support payments, or willfully failed to visit the child for a period of four consecutive months.

Who has custody of a child when the parents are not married in Tennessee?

Who has child custody in Nashville when you're unmarried? In Tennessee, an unmarried mother automatically has both physical and legal custody of the child until the father establishes paternity. However, once paternity is established, you have the same rights as any father does, under the law.

What is parental kidnapping in Tennessee?

If you have sole custody in your parenting plan and are not married, it is illegal for the other parent to take your child without notice and consent. If you share custody in your parenting plan and are not married, what constitutes kidnapping and what does not can be complicated.

What happens if a parent disputes custody in Tennessee?

If child custody is disputed, however, they will have to receive a child custody order from a Tennessee judge, who will attempt to make a custody decision that is in the "best interests of the child".

What is child custody in Tennessee?

Child custody is defined as the guardianship over a child, which covers both physical custody and legal custody. In a child custody dispute the court may award joint custody to both parents or sole custody to a single parent. Child custody cases in Tennessee can be either contested and resolved by court order, or noncontested ...

What happens after a divorce in Tennessee?

After a breakup or divorce in Tennessee, couples with children must come to a child custody agreement that describes which parent the children will live with, how visitation will be scheduled, and how the non-custodial parent will pay child support .

What are the factors that determine child custody in Tennessee?

Some of the factors considered by Tennessee in child custody cases include the child's wishes, willingness of the parent to cooperate with their partner and any history of domestic violence. Tennessee considers joint custody orders to be in the best interests of the child where possible.

How old do you have to be to get custody of a child?

The reasonable preference of the child, if 12 years of age or older. The party who is granted custody of the child will be allowed to enforce the provisions of the court's declarations concerning the support of the child.

What are the rights of a child in custody?

What is Considered in the Case of Custody? 1 The right to phone conversations with the child at least twice a week at reasonable times and durations 2 The right to send mail to the child that the other parent cannot open or impede in any way 3 The right to receive relevant information as soon as practicable but within 24 hours of any event of hospitalization, major illness or death of the child 4 The right to receive the child's school records, names of teachers, class schedules, standardized test scores, and any other records made available to parents 5 the right to receive copies of the child's medical, health or other treatment records, unless otherwise argued by court 6 The right to be free of unwarranted derogatory remarks from any party involved

Can a child custody case be contested in Tennessee?

Child custody cases in Tennessee can be either contested and resolved by court order, or noncontested and defined in a child custody agreement between the parents. A custody agreement or order will legally determine, at minimum, the following things: Where the child lives (physical custody) Who is involved in making parenting decisions (legal ...

How long does it take to get custody of a child in Tennessee?

Unmarried parents petition for custody through the juvenile court in their child's county of residence. Juvenile court may waive the six-month Tennessee residency requirement if there's an emergency.

How long do you have to live in Tennessee to file a divorce?

Step 1: Determine your court. Either you or the other parent must have lived in Tennessee for at least six months before you can begin a case. Your court depends on where you both live and your type of case.

What is the first step in a custody case?

Filing ( opening) a case is the first step toward getting a custody order. From there, you can either settle or let the judge decide final orders at trial. Custody is automatically part of divorce and legal separation cases involving minor children. Parents who aren't married open a standalone custody case after establishing the child's paternity.

What to do if you have an agreement with a divorce court?

If you have an agreed divorce, only hand in your complaint, personal information sheet, summons (if applicable), Civil Case Cover Sheet (if applicable) and request to postpone filing fees ( also if applicable). You'll hand in your agreement later on before your settlement hearing.

What to do if your child is a danger to you?

If the other parent is a danger to you or your child, use the Petition for Order of Protection to request a protection order (commonly known as a restraining order) or an emergency custody hearing. Complete a Request to Postpone Filing Fees if you cannot afford the costs to open a case. Then, complete the paperwork specific to your type of case. ...

How to end a marriage?

If you want to remain married but live separately from your spouse, fill out the same forms but replace the complaint with a Petition for Legal Separation.

How much does it cost to file for divorce?

Take your forms to the proper court and pay the filing fees. You'll pay $250 to $400 for divorce, at least $100 for separation and about $150 for a custody-only case.

How to file for custody without a lawyer?

You may face some setbacks along the way. Contact your local legal aid organization for support and referrals to resources. Be open to reassessing your decision to work without a lawyer.

How to file for child custody pro se?

Filing for child custody pro se requires research and planning. Parents who head into court solo should be prepared to pay close attention to detail, maintain meticulous paperwork, and understand the laws related to their case. Consider your bandwidth as you evaluate whether going through this process without the assistance of a lawyer is right for you.

How to file pro se in a child's court?

Begin by contacting the family court clerk to obtain the proper paperwork. Typically, the court with which you must file will be located in the county where your child has lived for the past six months. 6 Be sure to inform the clerk that you are filing pro se so that you access the correct forms.

What are the things that influence a child custody decision?

Some things that could influence a child custody decision include: Evidence of domestic violence, abuse, or neglect.

What documents are needed for a child custody case?

Documents you'll likely need include: 1 Proof of paternity or legal parentage 7 2 Child's birth certificate 3 Any existing orders related to the child

How to address a judge in court?

On your court date, arrive on time. In court, be polite and respectful at all times. Proper court etiquette includes addressing the judge as "Your Honor." Never interrupt the judge, and if you are uncertain if you may talk, ask the judge if you may speak. 9 Don't allow the judge to see your anger and frustration. Instead, focus on being pleasant and attentive and presenting the facts of your case.

Do you need mediation before a court hearing?

Your state may require mediation before jumping straight to a hearing. Unless there is domestic violence or other abuse, mediation can be faster, less expensive, more cooperative, and eliminate the need for a court battle.

Tennessee Child Custody Laws at a Glance

While an attorney's contributions to understanding the law can't be ignored, it's certainly useful to read a plain language reference. The chart below provides a summary of child custody laws in Tennessee.

Get Professional Legal Help With Your Tennessee Custody Case

Child custody proceedings are usually quite emotional and difficult for parents and they require legal know-how and an understanding of how to negotiate with opposing counsel. Don't leave such an important decision up to chance. If you're involved in a custody case in Tennessee, reach out to an experienced child custody lawyer near you.

How to request custody of a child?

1. Fill out the required court forms. In order to request a custody hearing, you will have to fill out a request for an order. This form will require you to divulge information including your request for custody and the facts supporting your request.

How to resolve custody issues with a parent?

Go to mediation. In some states, the court will require you and the other parent to take part in mediation prior to going to court to resolve your custody issues. Mediation gives parents an opportunity to work out their disagreements outside of court and allows the parents to have a bigger impact on the decisions that are made. In mediation, both parents will meet with an expert mediator and discuss their disagreements in an attempt to come to an agreed upon solution. If you and the other parent come to an agreement, the mediator will help you draft a parenting plan and that plan will then be submitted to the judge for approval.

What happens after you file a court request?

After you have filed your request, the clerk of courts will schedule a court date and provide you with that information. In some states, the clerk of courts will also schedule a mediation, which will take place either prior to or in conjunction with your court hearing.

What is a court order?

The court order is a document with the judge's decision and this document will set out exactly what the custody arrangement will be and how it will be enforced. You and the other parent will be required to follow this order or risk legal ramifications.

What is a summons in a family law case?

Summons. The summons is a document you will attach to your petition and it informs the other parent that they are being sued. The summons includes important information about responding to the family law case you are about to file.

How long do you have to serve your answer before a hearing?

In some states (e.g., Michigan), your answer must also be served on the other party at least five days before the hearing if you provided service through the mail, and at least three days before the hearing if you have the other party served personally. For more information about serving another party, look here .

What is the main concern of a judge in a child custody case?

The judge's main concern is the well-being of the child.

What happens if you and your spouse don't agree to custody?

If you and your spouse can agree to a custody arrangement, you will decide which spouse gets custody of your children. If you and your spouse do not agree, the court will determine the custodial arrangement based on the best interest of the child.

What happens if a natural parent seeks custody of a child?

Grandparents seeking custody from a natural parent raises issues of constitutional rights, specifically the right to privacy. If grandparents and natural parents become involved in a custody dispute, the parent will not lose custody without a showing of parental unfitness or a showing of substantial harm to the child.

What happens if you and the other parent cannot agree to a custody arrangement?

If you and the other parent cannot agree to a child custody arrangement, the court will determine the custody arrangement. The court will determine the custodial arrangement that is in the child’s best interest.

When is custody decided?

When will child custody be decided? Custody can be decided at any point between the parties. A court can award temporary custody if requested by either of the parties. Custody may be decided at mediation. If the parties cannot reach an agreement, custody will be decided by the court at a trial.

Can you file a petition for child support?

No, child support is a completely different and independent issue from the right of visitation. If a parent refuses to pay child support, the other parent should file a Petition for Contempt. Related Article: Options If Denied Parenting Time Over Owed Child Support.

Does Tennessee have a tender years presumption?

In years past, the court favored awarding mother custody if the children were of tender years. However, the “tender years presumption” no longer exists in Tennessee. Related Article: 5 Challenges Divorced Dads Must Overcome.

Why do you need emergency custody in Tennessee?

In Tennessee, there are situations where emergency custody will be necessary to protect the best interests of a child or children. Emergency temporary custody orders are useful in cases of divorce, modification of custody, or for the first step in establishing custody or paternity.

What does it mean to be an unfit parent in Tennessee?

In Tennessee, an unfit parent may include one who: Willfully abandons a child. Is physically, sexually, or emotionally abusive. Has been convicted of a sexual offense. Has an alcohol or drug impairment. Has criminal convictions that do not allow the parent to care for the child.

What is temporary emergency custody order?

What is a temporary emergency custody order? In case of an emergency situation, either parent can request a temporary custody order to protect the child. This can include situations where one parent is trying to remove the children from an abusive situation where a parent is neglectful or is in a harmful living environment.

How long does an emergency custody order last?

These cases may be made ex parte, meaning no notice of the petition or hearing is given to the other parent. Because the other parent is left out of the notice, the court must review the emergency order within 15 days. In general, a temporary emergency custody order will remain in effect until a formal court order is made.

Can you change custody if you don't have a parent?

In those cases, both parents may agree to a temporary change in custody. If they do not, the parent may still petition the court for a temporary parenting plan. The parent will need to submit not only the proposed parenting plan but also a statement of income. However, these temporary parenting plans and emergency custody orders can be difficult ...

Can a judge modify a temporary custody order?

Upon presentation of evidence and testimony, the judge will either modify or terminate the temporary custody orders. In some cases, the need for a temporary emergency custody order may result from a child being with an unfit parent. In Tennessee, an unfit parent may include one who: