Legal Question in Family Law in Tennessee

I need out please help.

I have been living with my father for about 4 years now. I am 17 yrs old and I decided that I want to live with my mother again. My mother has legal custody but my father told her that if she does not keep me grounded for a month that he was going to get a lawyer and get custody of me. Is it legal for him to do that. I will be eightteen by the way in 7 months.


Asked on 4/24/06, 4:21 pm

1 Answer from Attorneys

David Sandy David Sandy, JD

Yes he can start a custody dispute

If your mother is failing to discipline you, then that can be the basis for a custody proceeding. However, TN treats custody as res judicata (already resolved) to a certain extent. So he would have to demonstrate your mother's failure to supervise was having a substantial effect in some way. Based on the limited facts in your message this would seem unlikely. However, if you've been hanging out with known criminals or failing school it could be different. In addition, court proceedings take a fair bit of time so this will likely be a moot point by the time anything happens.

Hope this helps.

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Answered on 4/24/06, 8:20 pm


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