Legal Question in Family Law in Tennessee

Child custody when mother is ill and father unstable

I have a niece who is 15 and is starting to skip school and begin a wrong path.I want to get temporary custody of her in order to help her find herself get through schooling until 18 or until her mom (my sister) recovers from her severe deppression mode.The mother is Okay with this.My intentions is to bring her into my family that i have (2kids & husband) to show her that she is loved and has family that cares about her outcome.The father is involved only when he sees fit and now he wants to step in and say he will sue my sister if she allows this.He is not on the birth certificate and the child recieves no insurance from him. He does give her money for school lunch from time to time but I truly don't think he is stable to give her what she needs. Personally, i think he just wants rights to her part of my sisters Soc.Security check now that he knows she recieves disability.I already help handle her money matters for her like paying bills along with our mother who is 74.I just want what is best for this little girl who is going through a trying time.The girl lived with her father for a few months and said he'd file custody for her when her mom was hospitalized for her mental illness.Due i have a chance without making things worse.


Asked on 10/20/04, 1:55 pm

1 Answer from Attorneys
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Child custody when mother is ill and father unstable

You are dealing with a father who has an on again, off again relationship with his daughter. In TN, there is a presumption in the law that the biological parents are the best choice to raise a child. In order for you to have legal custody instead of the biological father, you would need some evidence that the father was unfit. The crucial fact here is the neice is age 15. That means she will definitely be able to testify as to where she wants to live, and that will weigh heavily on the judge. If you can persuade her to say that she wants to try living with you, then your petition will probably succeed. If not, then you probably won't be able to overcome the father's objections.

Mike Guth

http://riskmgmt.biz/prose.htm

http://riskmgmt.biz/visitation.htm

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Answered on 10/20/04, 6:57 pm


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