Legal Question in Family Law in Tennessee

custody of niece

If a couple is not married and have a child and the father is in jail and the state has taken the child from the mother how would an aunt and uncle be able to gain custody if neither of said child's grandparents are not suitable or fit to properly care for and provide for the child. What steps should be taken to do this.


Asked on 11/09/06, 11:10 pm

3 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: custody of niece

While both of the first responses to this question are accurate, they suggest that the process is easy and that there really is no need for an attorney. You might do just fine without an attorney. You might not. Juvenile Court judges tend to defer to whatever the Department of Children's Services recommends, particularly if you don't have an attorney to press the issue. Getting an attorney can help in your dealing with the Department of Children's Services (which has already made its recommendation on placing the child without making an effort to place with your) and can help even more in presenting your case to the court if the Department is not eager to place the child with you. Contact a local attorney or contact me thru my website at jesbeard.com to discuss your options further. Good luck.

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Answered on 11/13/06, 8:10 am
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: custody of niece

Petitions for custody by relatives are favored in Tennessee. It would be fairly easily for you to file a petition seeking custody of your neice either in the Juvenile Court or Chancery Court in the county where she last lived. I can draw up such a petition for about $100 - $200, depending on how complicated the facts are related to dependency and neglect.

You can contact me through http://michaelguth.com/prose.htm

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Answered on 11/10/06, 9:32 am
LAURA TEK LAW OFFICE OF LAURA TEK

Re: custody of niece

You can go to the Juvenile Court Clerk of the County where the child resides. In TN every county has a Juvenile Court Clerk's Office. You can file a Petition to get legal custody of the child but you must allege the reasons why the child's home is no longer safe. Most Clerk's Office are helpful and may even assist you with drafting and filing the paperwork

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Answered on 11/10/06, 12:25 pm


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