To begin a custody action, fill out a Petition for Custody to specify what you're asking the court to grant. You may have to include other forms. For example, Shelby County requires an affidavit confirming the court has jurisdiction. Some courts require you to attach proof of the child's parentage to the petition.
Tennessee courts base custody decisions on what is in the “best interests of the child.” This standard prioritizes the child's physical and emotional well-being above all else. If you're seeking full custody, you'll need to demonstrate that having sole custody aligns with your child's best interests.
Child Custody and Support - As introduced, establishes a presumption, rebuttable by a preponderance of the evidence, that joint legal custody and equally shared parenting time is in the best interest of the child; removes the presumption under certain circumstances. - Amends TCA Title 36, Chapter 6.
Factors the court will consider include: Evidence of neglect or abuse. The child's relationship with each parent. Each parent's ability to provide a stable home. Any history of substance abuse by either parent. The child's overall health, safety, and well-being. The child's preference (if of sufficient age and maturity)
While this is never an easy decision, some parents feel it is in the best interest of the child, and is often pursued in order to enable another individual to adopt the child. In order to legally surrender your rights you will need to appear before a judge and sign a voluntary surrender form.
The Arizona Judicial Branch offers the ability to eFile subsequent and case initiating family court documents for Maricopa County. You can learn more about eFiling in Family Law Cases here. Filing hours are Monday through Friday from am- pm.
The petition needs to be filed in a court in the county where either the child, mother or father live. Once the petition is filed, the court will require either a DNA test or a voluntary acknowledgement of paternity by a potential father.
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.