Legal Question in Family Law in Tennessee

Re: where will my child go?

Tennessee places a strong presumption that the best people to care for a child are the biological parents. However, Tennessee has enacted statutes that make it comparatively easy for a court to enter a finding that a parent has abandoned his child -- which is one step away from having parental rights terminated.

If something happened to you, the child would immediately be placed with your parents -- assuming they are in continual contact with you and know where to find their grand daughter.

At some point, the physical custody has to be turned into legal custody, so a court would hold a hearing -- most likely a juvenile court in response to a petition from the Tenn. Dept. of Children's Services. If no one came forward to contest the petition, then your parents would almost certainly be awarded custody.

If the biological father came forward and asserted parental rights, he would have to prove paternity with a test, and then answer to the court why he had not supported the child all these years. At that point, the judge would have to hear both sides and try to decide who would be the better parent: your parents, or the biological father.

If he is not paying child support now, you have a bargaining chip. You could tell him that you will not charge him with child support and seek enforcement if he is willing to sign a document surrendering his parental rights in the child. That document would tip a court's decision in favor of your parents if anything ever happened to you.

Mike Guth