Temporary Custody Orders in Tennessee
A temporary custody order provides a short-term solution for parents who need custody arrangements before a final custody decision is made. These orders are commonly issued during divorce or custody disputes to help parents establish a plan for parenting responsibilities before a final decision is made.
When Can You Request Temporary Custody in TN?
You can request a temporary custody order in situations such as:
- During a divorce or separation
- If parents are unmarried and custody has not been legally established
- To resolve disputes over parenting time and decision-making responsibilities
How Temporary Custody Orders Work
Temporary custody orders are designed to maintain stability for the child while longer-term decisions are made. They can cover issues like:
- Parenting schedules
- Decision-making authority for education and healthcare
- Child support arrangements
How Long Do Temporary Custody Orders Last?
Temporary custody orders remain in effect until a final custody decision is made through negotiation or court ruling. Sometimes, these orders can be modified if circumstances change significantly before the final hearing.
Emergency Custody Orders in Tennessee
Emergency custody orders are issued when a child is in immediate danger. They allow a parent or guardian to quickly gain custody if they demonstrate that the child is at serious risk.
Grounds for Requesting an Emergency Custody Order
In Tennessee, an emergency custody order may be granted if there is evidence of:
- Abuse or neglect
- Immediate danger posed by one parent or guardian
- A living situation that puts the child’s safety at risk
How to File a Motion for Emergency Custody
To obtain an emergency custody order, a parent must file a motion with the court, providing evidence of the immediate risk to the child’s well-being. The court may hold an expedited hearing to determine whether to grant the order, often within 24 to 48 hours in the case of juvenile court matters, or within fifteen days in divorce cases, or in cases concerning the modification of a prior custody order.
How Long Does an Emergency Custody Order Last?
Emergency custody orders are typically temporary and will remain in effect until a full hearing is scheduled. During this hearing, the court will review the evidence and decide whether to modify, extend, or revoke the emergency order.
Why Work with Haines Family Law
Led by John Haines, an experienced attorney with a military background, Haines Family Law combines professionalism, strategic thinking, and a strong work ethic in every case. John is committed to offering clear, practical legal advice while prioritizing your goals and your family’s future. With transparent fees, personalized strategies, and a compassionate approach, John ensures you have the support you need to navigate even the most challenging family law matters.
Contact us today for a free 20-minute consultation.
FAQs: Temporary & Emergency Custody in Tennessee
How do I prove that my child is in immediate danger for emergency custody?
To secure an emergency custody order, you’ll need to present evidence showing your child is at risk of serious, immediate, and irreparable harm. This can include police reports, medical records, witness statements, or other documentation that demonstrates abuse, neglect, or dangerous living conditions. There are rules controlling what is necessary to get documents and testimony into evidence, which is why it is always a good idea to consult with an attorney if you believe you need an emergency custody order.
Can temporary custody orders be modified before making a final decision?
Yes, temporary custody orders can be modified if circumstances significantly change. If one parent can prove that a change is in the child’s best interest, the court may adjust the temporary arrangement before the final custody ruling.
How long does getting an emergency custody order take?
Emergency custody orders are typically handled very quickly. In most cases involving the department of children’s services a preliminary hearing is held within 24 to 48 hours of filing the request to determine whether the child is in immediate danger and whether the order should be granted. All emergency orders must be heard within fifteen days to determine whether the orders should be extended, modified, or dissolved.
Do temporary custody orders affect the final custody decision?
Temporary custody orders provide short-term arrangements while the court decides on a permanent solution. While they don’t directly determine the final custody outcome, they can influence the court’s decision if the temporary order works well for the child.
Can a non-parent apply for temporary or emergency custody in TN?
Yes, under certain circumstances, a non-parent—such as a grandparent or other relative—may apply for temporary or emergency custody if they can prove that the child’s parents cannot care for them and that it is in the child’s best interest.
Call Haines Family Law for Help with Temporary or Emergency Custody
If you’re facing a custody dispute or need immediate protection for your child, don’t wait. Call Haines Family Law in Knoxville today. We’ve helped many parents in situations like yours and can help you, too.
Call Haines Family Law today at 865-391-8174 or contact us online to schedule a free 20-minute consultation.
