Legal Question in Family Law in Tennessee

child custody

I have been living with my boyfriend for the last seven years. I have been the only mother that his two kids have ever known. He has custody of his two children. He has a gambling problem and a drug problem. I have been the one taking care of those kids for a few years now and I love them just like my own...they feel like my own. They are ages 11 and almost 13. What are my legal rights as far as custody? Can he keep me from seeing them if I leave him? Can he stop me from removing all my furniture and appliances from the house? The mortgage is in his name only but my name is on the deed. thanks in advance for your advice.


Asked on 7/14/07, 11:44 pm

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

Re: child custody

Your "legal right" to custody is non-existent. You are not the biological or legal mother and you and the father never married. The only way you will be allowed to have the children, is if the father allows it OR if you go to court and pursue custody on a basis of dependency and neglect -- you will have to show that the children are at substantial risk of substantial harm if they are with the father, as well as if they would be with the mother. His gambling probably won't make much, if any difference, though his drug use might. And, yes, he can keep you from seeing the children if you move out. Check my websight at http://jesbeard.com/6e.htm for more. As to taking your belongings, you may have to go to court to have a court sort out what belongings are yours and what ones are his, you may also want a court to decide how much equity you have in the house if both of your names are on the deed.

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Answered on 7/15/07, 7:17 am


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