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If a child is born to unmarried persons and there is no COURT ORDER identifying a father, Tennessee law states that the mother automatically has both legal and physical custody of the child. In order for a potential father to have any custody/visitation rights to a child, there MUST be a COURT ORDER.

A Petition for Appointment of Guardian of Legally Incapacitated Individual (PC 625) may include a request that a temporary guardian also be appointed pending the full hearing. A separate petition requesting a temporary guardian may also be filed at any time after the petition requesting a full guardian.

Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child.

Obtain the necessary forms from the Tennessee court system or consult an attorney for guidance. Fill in the required personal information such as your name, address, contact information, and relationship to the child. Provide details about the child, including their name, date of birth, and current living situation.

The Probate Court appoints and selects all guardians. Both the minor who is age 14 or older and a minor's parent (through a will or durable power of attorney) may nominate or suggest a guardian for a minor. The nominations are suggestions or preferences to be considered by the Court.

If the biological or adoptive parents are for any reason removed as the legal guardian, Tennessee law says that a court can appoint a person or persons to provide partial or full supervision, protection and assistance of the person or property, or both, of a minor as their “guardian”.

While a guardianship gives one or more people the authority to make health-related decisions for another person, a conservatorship is a legal relationship that gives one or more individuals the authority to make financial decisions on behalf of an incompetent or incapacitated person.

A Guardianship case can months to complete. Initially, a petition is filed with the Court along with a proposed Order to Show Cause. After review, the Court will sign the Order to Show Cause which sets the Court date which is usually 3-4 weeks later.

Guardianship Petition Process The guardianship petition must include a description of the AIP's inability to function. The judge then appoints an “independent evaluator” who will meet, interview, and consult with the AIP about the AIP's condition and capacity to care for himself or herself.