Legal Question in Family Law in Tennessee

custodial parent versus legal gaurdian

I need to know what i can do as a layman to retain the custody of my daughter who has lived with me for 2 years. She is 14 yrs old and doesn't want to go to live with her mom. The mother has legal custody and i have only physical custody.

I do not have several thousand dollars to pay to a lawyer up front. The divorce decree is in tn and i and my daughter are in texas.


Asked on 5/24/01, 2:02 pm

2 Answers from Attorneys
Michael O'Connor Michael O'Connor, Attorney-At-Law

Re: custodial parent versus legal gaurdian

If your daughter has been with you two years and wants to live with you, you may be able to modify the divorce decree in Texas to have you declared primary managing conservator. The Uniform Child Custody Jurisdiction and Enforcement Act applies, so a Texas court could make an initial custody jurisdiction ruling under Section 152.201 and decide to take jurisdiction and modify the decree. You don't necessarily need several thousand dollars. Call me at 713-465-1456 if you have a question.

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Answered on 6/22/01, 2:37 pm
Gregory Smith Law Office of Gregory D. Smith

Re: custodial parent versus legal gaurdian

I tend to agree with Mr. O'Connor. Why not try Texas first. If not, and Tennessee is where you must fight, see, www.gsmithlawfirm.com . In Tennessee, after age 12, a child has a say regarding child placement.

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Answered on 6/22/01, 4:57 pm


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