How do I gain full custody of my child if her mother abandoned her?
Full Question:
I have a daughter that has been with me since birth and now the mother has left to stay with a woman her lover. As a father, how can I get custody of my child. I do not want her growing up in this type of life style. I know that the mother will want child support and I do not want to give her anything.
901-338-3795
11/09/2007 |
Category: Divorce ยป Child Custody |
State: Tennessee |
#11978
Answer:
The following is a Tennessee statute:
36-6-106. Child custody.
a) In a suit for annulment, divorce, separate maintenance, or in any
other proceeding requiring the court to make a custody determination regarding
a minor child, such determination shall be made upon the basis of the best
interest of the child. The court shall consider all relevant factors including
the following where applicable:
(1) The love, affection and emotional ties existing between the parents or
caregivers and child;
(2) The disposition of the parents or caregivers to provide the child with
food, clothing, medical care, education and other necessary care and the
degree to which a parent or caregiver has been the primary caregiver;
(3) The importance of continuity in the child's life and the length of
time the child has lived in a stable, satisfactory environment; provided, that
where there is a finding, under Section 36-6-106(a)(8), of child abuse, as
defined in Sections 39-15-401 or 39-15-402, or child sexual abuse, as defined
in Section 37-1-602, by one (1) parent, and that a non-perpetrating parent or
caregiver has relocated in order to flee the perpetrating parent, that such
relocation shall not weigh against an award of custody;
(4) The stability of the family unit of the parents or caregivers;
(5) The mental and physical health of the parents or caregivers;
(6) The home, school and community record of the child;
(7) (A) The reasonable preference of the child if twelve (12) years of age
or older; (B) The court may hear the preference of a younger child upon
request. The preferences of older children should normally be given greater
weight than those of younger children;
(8) Evidence of physical or emotional abuse to the child, to the other
parent or to any other person; provided, that where there are allegations that
one (1) parent has committed child abuse, as defined in Sections 39-15-401 or
39-15-402, or child sexual abuse, as defined in Section 37-1-602, against a
family member, the court shall consider all evidence relevant to the physical
and emotional safety of the child, and determine, by a clear preponderance of
the evidence, whether such abuse has occurred. The court shall include in its
decision a written finding of all evidence, and all findings of facts
connected thereto. In addition, the court shall, where appropriate, refer any
issues of abuse to the juvenile court for further proceedings;
(9) The character and behavior of any other person who resides in or
frequents the home of a parent or caregiver and such person's interactions
with the child; and
(10) Each parent or caregiver's past and potential for future performance
of parenting responsibilities, including the willingness and ability of each
of the parents and caregivers to facilitate and encourage a close and
continuing parent-child relationship between the child and both of the child's
parents, consistent with the best interest of the child.
(b) Notwithstanding the provisions of any law to the contrary, the
court has jurisdiction to make an initial custody determination regarding
a minor child or may modify a prior order of child custody upon finding
that the custodial parent has been convicted of or found civilly liable
for the intentional and wrongful death of the child's other parent or
legal guardian.
(c) As used in this section, "caregiver" has the meaning ascribed to that
term in Section 37-5-501.