08/15/2024
Non-parent Legal Custody - This happens when neither parent is appropriate, safe, or available to care for the child/ren at that time. It can be contested or uncontested. This typically results from a dependency and neglect action filed in Juvenile Court where the parents are incarcerated, deceased, on drugs, or living out of state.
When that happens, we file to get temp custody so that the caretakers can have the authority to make medical, education, and daily decisions for the child/ren. This can happen the day it is filed by ex parte (emergency) order which is reaffirmed within so many days after filing. Ultimately, it can be temporary or permanent in nature. Some end in adoptions. If this is anywhere close to your situation and you need assistance, please give us a call.
For further reading see below:
TCA Section 37-1-140 states:
(a) A custodian to whom legal custody has been given by the court under this part has the right to the physical custody of the child, the right to determine the nature of the care and treatment of the child, including ordinary medical care and the right and duty to provide for the care, protection, training and education, and the physical, mental and moral welfare of the child, subject to the conditions and limitations of the order and to the remaining rights and duties of the child's parents or guardian. A custodian is also responsible for providing notices as required in § 49-6-3051, to the principal of the school in which the child is enrolled.
(b) As an alternative to a parent or guardian transferring legal custody pursuant to this section or as otherwise provided by law, a parent or guardian may temporarily provide for the care of a child by executing a power of attorney for care of a minor child, pursuant to the Power of Attorney for Care of a Minor Child Act, compiled in title 34, chapter 6, part 3.
Acts 1970, ch. 600, § 39; T.C.A., § 37-239; Acts 2003, ch. 71, § 2; 2003, ch. 238, § 1.
