Legal Question in Family Law in Tennessee

custody of great-nephew

This is very complicated.My husband and I have practically raised our 4 year old great-nephew since he was 6 mos. old.His mom leaves him with us for weeks on end, without a phone call or anything,,then decides to pick him up for a few days.Has gone on like this since 1993.When they Do come to get the child, he doesn't want to go with her.He wants to live with us.We would very much like to get custody of him.Preferrably adopt him. I was told that if a mother leaves her child for more than 48 hours,that is neglect. Any insite on this would be greatly appreciated. Thanks in advance,


Asked on 4/28/98, 1:39 pm

1 Answer from Attorneys

Jes Beard Jes Beard, Attorney at Law

custody of great-nephew

I do a good deal of work in this area in Tennessee, and Tennessee would be one of the more difficult states for you to get custody.Check http://209.68.31.21/6e.htm more more detail. Leaving a child with someone else for 48 hours is NOT automatically neglect, and Tennessee courts are NOT supposed to make custody decisions in cases like this based on what is in the best interests of the child unless it is first shown that there is a substantial risk of substantial harm to the child if the child is with the biological parents.But it sounds as if in your case you still might be able to succeed.If you would care to discuss the matter by phone, feel free to call.

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Answered on 5/19/98, 11:03 pm


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