Emergency Custody in Tennessee: Everything You Need To Know

Published January 1, 2024

When you become a parent, the world will automatically revolve around your child/children. Everything you do will be for their best. Your love and care for them is often overflowing; one can’t be defined by words.

So, it can be terrifying to think your child is in danger. You’ll lose yourself in thinking they are being neglected, living in a harmful environment, or in risk of being taken out of state against custody orders. In any of the scenarios, you need to act quickly. You must ensure the safety and well-being of your child. Ordering for emergency custody should be your first step.

In this article, we’ll have a comprehensive discussion about emergency custody in Tennessee. We’ll define what it is, what being an unfit parent means, and all the grounds for it. We’ll also secure the steps for emergency custody in Tennessee, among other relevant topics. Let’s start.

Emergency Custody in Tennessee

Either parent can request for emergency custody to protect and prioritize their child. Securing a temporary emergency custody order can be done “ex parte”. It means that no notice of petition or hearing will be transferred to the other parent. They won’t have the privilege of telling their side of the story.

In emergency custody, you must render evidence to the judge that affirms that the custodial parent isn’t fit to care for your child. You should also secure a temporary parenting plan ready. It will outline how you plan to care for the child. It will include healthcare, education, socialization, and potential therapy. You have to demonstrate that you are serious, determined, and have given it enough thought. You must be ready to take on the responsibility of the child.

The court has fifteen days to analyze the emergency order. Once granted, the requesting parent is awarded custody. It is until the formal court order is issued. It is when the other parent will have the avenue to discuss the side of the story. It is when they show evidence of why they should get the custody back.

How Is an Unfit Parent Described in Tennessee: Grounds for Emergency Custody in Tennessee

In modifying custody, especially in emergencies, the court must agree that the parent from whom the child is being taken away is unfit. They can rule the parent is temporarily or permanently unfit.

These are the top scenarios in which the court may find a parent unfit:

• The custodial parent has abandoned the child
• The child has gone through either physical, sexual, or emotional abuse by the custodial parent.
• The custodial parent has forsaken the child’s basic needs.
• Alcohol or drugs had negatively impacted the custodial parent’s ability to care for the child.
• The custodial parent has been guilty of a sexual offense or another offense. It prohibits them from caring for the child because of jail time.

How to Get an Emergency Custody in Tennessee

1. Determine if there’s an immediate threat.

Emergency custody is only granted if there’s an immediate risk of harm to the child. It could be due to physical or sexual abuse. It might be due to emotional neglect. The custodial parent might also be dealing with substance abuse. Moreover, the threat of abduction, abandonment, and parental incapacity can grant you the said custody.

2. File a petition for an Order of Protection.

In case your child is in danger of being harmed or removed from the state. You can request a temporary emergency through a Petition for Order of Protection.

3. Ex Parte Order

Securing a temporary emergency custody order can be done “ex parte”. It will mean that no notice of petition or hearing will be sent to the other parent.

4. Prepare for the hearing.

Secure all the essential evidence that supports your claims of danger to the child. It can include medical records, police reports, and photographs of injuries. Testimonies from witnesses will help, too.

5. Attend the hearing

Present your case before a judge. It’s essential to clearly articulate why an emergency is necessary for the child’s safety.

6. Wait for the judge’s decision.

If the judge agrees that the child is in immediate danger, they may grant temporary emergency custody.

7. Follow up

Once granted, the custody is usually temporary. It is the case until a full hearing can take place. Be prepared to follow up with additional court dates and requirements.

Temporary Emergency Custody

A temporary custody order in Tennessee may be required as a divorce is in progress. It may also be because of a modification of a custody order. It can be for situations where one’s financial situation has changed. It may also be because of a job status that has been altered. Moreover, if living arrangements have changed.

In those cases, both parents may concede to a short term change in custody. If they do not, the parent may still plead to the court for a temporary parenting plan. The parent will need to submit a proposed parenting plan. It is in addition to a statement of income.

What Happens in Non-Emergency Situations?

In Tennessee, one or both parents may seek a temporary custody order. It is even in the case of no emergency situation. This short-term order can be used to continue with or modify the status quo. It is until the court announces a final verdict.

Parents are able to work out a temporary parenting plan in such cases. They may use the temporary child custody order to authorize consistent decision-making and childcare. One parent can appeal to the judge to adopt the temporary parenting plan as proposed to them.

Emergency Custody Hearings

Before the custody hearing, parents may be demanded to take a drug test. It is by the order of the Tennessee Department of Children’s Service. They may also undergo educational programs. Moreover, attend an interview with the caseworker. All the data gathered will be presented to the court by the caseworker.

During the hearing, the judge will conclude the emergency custody. In addition, they will determine the visitation rights of other family members. The caseworkers from DCS will also discuss what they have observed about the case.

What Happens to the Child if the Court Issues an Emergency Custody Order?

Generally, the child will be placed with you if the court sides that they are in danger. Yet, in some instances, the Tennessee DCS may put the child with a friend or family member ideal for temporary custody. The child may also be placed in a temporary home until the case is done.

The adults in these temporary homes must approve drug tests and background checks. And we understand that it may be unsettling to be apart from your child. Yet, it may be the best option. It is especially true if the child is being saved from a parent who may kidnap them.