Legal Question in Family Law in Tennessee

Child Custody

I live in Alabama and have a 16 year old daughter who has been raised in Tenn. by her fathers sister for the past 11 years. Her rights were never signed away by me or her father. And she was never adopted out or our rights terminated. Do I have a legal right to go and get her. We have been talking on the phone but the people who raised her do not want me or her father to have contact with her. Do I have a right to see her? and is she old enough to decide if she wants to live with me? Thank you for your time. Sincerely


Asked on 6/09/02, 11:59 pm

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: Child Custody

To answer your first question, YES, you legally have every right to simply go get your daughter and return to Alabama or anywhere else with her. Under the law the folks who have been taking care of her have the same legal status of a boaring school unless there is a court order giving them custody. She is there simply by your permission and when you terminate that permission, that's it. As to when your daughter can decide where she wants to live, short answer -- when she is 18. She is old enough now to testify as to her PREFERENCE, but that is not the same as deciding. For more on the issue of the child;s preference, check my website at http://jesbeard.com/6aa.htm

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Answered on 6/10/02, 6:54 am


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