Legal Question in Family Law in Tennessee
is it possible for the father of a minor child to obtain custody from the mother, while there is a domestic charge that is going to trial? the mother and father were never wed and for the past 2 months there has been a no contact order against the father because of a domestic charge and he is now filing for custody of the minor child.
1 Answer from Attorneys
Yes it is possible for the Court to award custody of the Child to the Father depending on the exact nature of the facts which would relate directly to the health,education,welfare,saftey and the best interest of the Child under the totality of the circumstances.
And,as long as there does not exist any paternity issues as to the status of the biological Father to the Child.
If the Domestic Violence charge did not involve the Child the Father may have a greater chance of custody.
The Supreme Court of the United States has held that each biological parent of a Child has equal Constituitonal rights to their Children.
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