Temporary Child Custody in Tennessee
When parents are divorced or separated, and the primary parent is unable to care for the child, temporary custody may be filed.
In Murfreesboro, TN this is also called temporary guardianship.
The time allotted with the children can be overnight or for an extended period. Generally, when the initial divorce case is being presented to the court, issues such as support, visitation, spousal maintenance, and temporary custody are decided.
It is the duty of the temporary guardian to ensure that the children have adequate food & shelter, and proper healthcare and education.
The following may petition for temporary custody:
- An entitled petitioner who has filed for either transfer of guardian or termination of parental rights
- The court motions for it
- The attorney decided for the child
Keep in mind that a court in Murfreesboro may or may not rule in your favor for temporary custody. The child’s well-being will always be the priority.
Primary Residential Parents & Parenting Plans
Murfreesboro also recognizes a primary residential parent (PRP). Whichever parent the child lives with more than 50% of the time is the PRP, while the other parent is the alternative residential parent (ARP). Even if the parents share physical custody 50/50, a PRP must be established for legal reasons.
Even with an established PRP and ARP, a parenting plan will be created to allocate decision-making authority between the parents.
The parenting plan will address decision-making abilities for matters such as:
- Healthcare
- Religion
- Extracurricular activities
- Education
How Is Child Custody Determined in TN?
Parents filing for divorce have the option of establishing custody arrangements and a parenting plan on their own. However, any plan must be approved by the court.
If the parents cannot come to an agreement on their custody arrangements, the court will intervene, and a TN judge will reorder a plan that is believed to be in the best interests of the child.
When determining custody family law courts in TN will consider:
- The child’s wishes if they are mature enough
- Any history of domestic abuse or child negligence
- Each parent’s mental and physical health
- The child’s mental and physical health
- Each parent’s willingness to adhere to a parenting plan and respect the other parent’s rights
- The child’s current community and whether he/she could adapt to changes
- Where each parent intends to live
- Each parent’s ability to adequately care and provide for the child
What Are the Child Custody Laws for Unmarried Parents in Tennessee?
In Tennessee, if the parents are married when the child is born, then the courts will presume that the husband is the father, which means that the mother and father will have full custody rights. However, if the parents of the child are unmarried when the child is born, then the state will only grant full legal and physical custody rights to the mother of the child.
What Rights Do Unmarried Fathers Have in Tennessee?
The father won’t have any rights or responsibilities regarding custody until paternity is established. Also, fathers who are not married to their child's mother at the time of their birth will need to assert his rights in order to have a legal role in the child's life. We understand that you may want to be a hands-on and involved dad if your child's life, so don't waste time.
If this situation applies to you, don’t hesitate to contact our custody lawyer in Murfreesboro for further advice on child custody laws in TN.
Contact Our Child Custody Attorneys Today
Boss Law is committed to helping you navigate even the toughest custody case. Whether you're negotiating your case through mediation or taking the matter to court, our family law attorneys can be there for you every step of the way.
Have further questions about custody? Call our custody lawyers in Murfreesboro at (615) 235-6608 or contact us online today.
Commonly Asked Questions
How can a father establish paternity and custody rights in Murfreesboro, TN?
In Murfreesboro, TN, an unmarried father must establish paternity to gain custody rights to his child. This can be done voluntarily by both parents signing a Voluntary Acknowledgement of Paternity or through a court order. Once paternity is established, the father can seek custody or visitation rights. It's important for fathers wishing to be involved in their child's life to take legal steps to assert their rights, and consulting with a Murfreesboro child custody lawyer can provide guidance on the process.
Can parents in Murfreesboro create their own child custody arrangements?
Yes, parents in Murfreesboro can create their own child custody arrangements. This process typically involves negotiating a parenting plan that outlines custody and visitation schedules, decision-making responsibilities, and other important details. However, any agreement made by the parents must be approved by the court to ensure it meets the child's best interests. If parents cannot agree, the court will intervene and establish a custody arrangement based on various factors related to the child's welfare.
