Legal Question in Family Law in Tennessee

custody

My husbands ex-wife has custody of their 9 year old daughter. We recently took her to a Doctor and found she has Kyphosis (spinal curviture) and has to go to physical therapy. Her mother will not take her to therapy. She also missed 23 days of school (parent note) last year. My two children had perfect attendance. Would we have a good chance of getting custody of this child for her mothers neglect in taking care of her? Past years of school she missed 15 days, 18 days and 13 days of school.


Asked on 7/27/02, 3:18 pm

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: custody

Under Tennessee law the factors you mention would be enough to justify a change by the Court, which does not mean the Court would HAVE to make a change, but it could. Much would depend on the other evidence the Court would here and the attitude of the individual judge. Under Tennessee law you must show a substantial and material UNFORSEEN change in circumstances to warrant a change by a court, and for the most part that means some change in the home of the parent the child is living with that either puts the child at risk of some serious problem or seriously reduces the child's quality of life -- changes in the life or home of the parent seeking to have the child live with them are NOT a basis for a change, but they will still help influence a judge.

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Answered on 7/28/02, 10:33 am


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