Legal Question in Family Law in Tennessee

child custody

Two years ago, I was having trouble with my daughter. I sent my son to live with his paternal grandmother until the situation settled. According to the legal papers, it is stated that living with her is in the best interest of the child. Now, his grandmother has cancer. Her chemotherapy has left her unable to care for him as she used to. (He is nine.) She has put in her will that if she passes, custody of my son is to go to her sister...not me. The behavioral issues with my daughter have subsided. I feel it is better that he live with me instead of people he has only met in passing. How difficult will it be to contest the will?


Asked on 6/30/08, 12:54 pm

2 Answers from Attorneys
KJW Firm PLC

Re: child custody

You are always dealing with the "best interest" standard with custody questions with children. Although no one can predict the outcome of your situation should you choose to file for custody, a judge will look to that best interest standard and not to the language in the will.

Read more
Answered on 6/30/08, 1:05 pm
Grace Gardiner Gardiner & Associates, Attys at Law

Re: child custody

I wouldn't wait until grandmother dies, I would recommend filing for custody but it all depends on the reason the court gave custody to PGM. I need more information to really advise you

Read more
Answered on 6/30/08, 1:17 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Tennessee