Get TN Petition for Hearing

To file a petition for child custody in Tennessee, you'll have to pay a filing fee, complete the correct paperwork and attend a court proceeding. Filing a TN petition for child custody requires the filer to provide evidence to prove that living with her is in the child's best interest.

In Tennessee, this particular legal action can be filed by the mother, child, father, putative father, or government. The result will be a Tennessee court order establishing the child's legal parents, a custody determination, parenting time (visitation), establishment of parental rights, and child support order.

Tennessee child custody statutes overwhelmingly support the mother in cases where the parents of a child are not married. ... A mother's right to custody is automatic under Tennessee law, whereas the unmarried father must initiate juvenile court proceedings in order to gain custody rights.

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.

Under prior Tennessee child custody law, custodial parent generally meant the parent with whom the child primarily resided and the parent who exercised final decision-making authority. ... Day-to-day parenting decisions are determined by the parent with whom the child resides on any given day.

Child custody In contrast, when a child is born to unmarried parents, Tennessee law automatically grants legal and physical custody of the child to the mother unless paternity has been established by a court order and unless the court order changes custody.

The term "unfit mother" arises out of the now-outdated child custody doctrine that custody of children should be awarded to the mother unless the mother was "unfit." Today, courts strive to settle on a custody arrangement that is in the best interests of the child, without bias in favor of the mother or father.

Unfit Parent Law and Legal Definition. ... A parent may be deemed unfit if they have been abusive, neglected, or failed to provide proper care for the child. A parent with a mental disturbance or addiction to drugs or alcohol may also be found to be an unfit parent.

New York Family Court judges are generally reluctant to make decisions and instead opt to monitor the battle between two parents unless one parent is clearly an unfit parent. ... Therefore, once one parent has possession of the child, it is nearly impossible to lose custody unless the parent is deemed unfit.

When can my child decide which parent to live with? Under Tennessee statute, the court shall consider the reasonable preference of the child over the age of 12. The court may choose to hear the preference of a child under the age of 12.

What age in Tennessee can a child decide which parent to live with? In making a child custody determination, 12 is the minimum age at which the child may express a preference to the court regarding the parent with whom that child prefers to reside. Furthermore, the child must express a reasonable preference.

Technically speaking, a child has no legal 'right to choose'. By definition, minors are legal incompetents." This means that they are not recognized by the court as being able make legally binding decisions, including decisions regarding their custody.

Generally, however, it's incumbent upon the judge to decide whether a child is mature enough to have a reasonable opinion. A precocious 10-year-old might be permitted to voice her preference, while a learning-disabled 14-year-old might not be.

To be eligible for a divorce, at least one spouse must have resided in Tennessee for no less than six months prior to filing. ... No-fault grounds are generally "irreconcilable differences," meaning spouses agree there is conflict in the marriage they are unable to repair.

A mutual-consent, no-fault divorce takes about two to six months. There is a mandatory 60 day "cooling -off" period after the complaint is filed, if there are no children. If the couple has children, it takes a minimum of 90 days. A contested divorce can last years, with the average case lasting a year or more.