Legal Question in Family Law in Tennessee
Cusity question
My step daughter is 16, her bioligical father has cusity of her, I am soon going to be divorcing my husband which is her father. The question is, is there anyway I can get cusity of her? She wants me to see if I can because she would rather live with me.
1 Answer from Attorneys
Re: Cusity question
About the only way you can get custody of your step-daughter is by agreement, and that means not just the agreement of your husband, the father, but also the agreement of the mother. OR you would have to file a petition in Juvenile Court to show by clear and convincing evidence that if the child remains with her father, or is returned to live with her mother, the child would be in substantial risk of substantial harm. That is a tough burden to meet in court.
Talk to your husband and the mother to see if you can get an agreement regarding your step-daughter... or tough it out for two more years so you and the child can remain in the same household. Once she is 18 she can decide herself who she wishes to live with.
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