Legal Question in Family Law in Tennessee

Can I sue for custody of a child that is not my own?

My niece asked me to watch her son for a couple of months while she ''got back on her feet''. I did this willingly and asked her for temporary guardianship so I could place him on my health insurance. She did not agree to this. After two months, including the holidays, she took him back to TN where she took a job as a bartender. She is homeless and leaves her son with her substance abusing siblings. CPS has been contacted (not by me) regarding her neglect of the child. He is behind on shots, language aqusition and I fear, is malnourished and neglected. Is there any way to force her to give him a better home? His father pays support but is not in the picture. Mom is dating a new boy every week. I believe that I can get her to allow him to return to my home if I don't ask for custody, basically an extended sitter. I am willing to do this for the welfare of the child. How much time would have to pass before I could win custody or is that not a possibility? I have a stable career, own a home and am currently raising my own son with great success. Working in a school system, I see everyday what lack of consistency and an unsafe environment can do to a child. I only want a better life for my nephew. Please advise.


Asked on 2/06/06, 10:37 pm

2 Answers from Attorneys
Marc Reisman Rosenblum & Reisman, P.C.

Re: Can I sue for custody of a child that is not my own?

Honestly, I don't know exactly what you should do, but consider contacting the local Juvenile Court (where the child is)and petitioning for protective custody alleging dependency and negelect. Best of luck to you and your nephew.

Read more
Answered on 2/07/06, 11:21 am
LAURA TEK LAW OFFICE OF LAURA TEK

Re: Can I sue for custody of a child that is not my own?

You must run, not walk, to the Juvenile Court in your county and file a petition for guardianship/legal custody ASAP. Of course the Court will grant that to you. It does not matter what the neglegent mother says; she's not taking care of the child and children must be protected. You have a duty to report child abuse and the mother by her actions is exacting abuse on the child. Please do this for the child. Most county clerks will even assist you in completing the petition.

Read more
Answered on 2/07/06, 1:04 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Tennessee