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What do you need to get emergency custody of a nephew.?
Anonymous2 views1 answers
Our niese is a drug addict she gave temp custody of her son to a lady outside the family its been almost three years we finally located him and we want custody.He is in a home leasing the top floor which has 2 bedrooms there's 3 young girls two boys and the lady who has him. In the second part of the house the ladies boyfriend lives supposedly on a separate lease, he has been arrested and found guilty several times for drugs
There is a third part of the house supposedly subleased to a man and two women both the woman have been in and out of jail.The child has been playing in the yard next to the road completely unsupervised on several occasions and the road is only 4 to 5 feet away with large trucks on that road all the time.
First, if you have concerns that this child is dependent and neglected in the current house, you should report those concerns to Child Protective Services. Their abuse hotline number is 877-237-0004. Tennessee state law requires all persons who suspect abuse or neglect of a child to report it to the authorities. However, sadly Child Protective Services may or may not do anything to protect this child.
You can also hire an attorney to file a petition on your behalf alleging that the child is dependent and neglected that seeks emergency temporary custody. If the court is convinced that there is probable cause to believe that the your nephew is in imminent danger of severe or irreparable harm based on the allegations contained in the petition drafted by your attorney, the Court will award you temporary custody of the child. The Mother of the child and/or the current custodian would be entitled to demand a preliminary hearing to be held within three days where you would have to present proof establishing probable cause to believe that your nephew is in imminent danger of severe or irreparable harm and that there are no less drastic alternatives to removal. Even if you fail to obtain temporary emergency custody, you may still be able to prevail at a final hearing by presenting the court with clear and convincing evidence that your nephew is a dependent and neglected child within the meaning of T.C.A. § 37-1-102(b)(13).
Whether you are successful at obtaining an emergency custody order and/or of prevailing at a final hearing depends upon the particular facts of your case, but having an attorney to help you with the process will significantly increase your likelihood of prevailing. Many attorneys, including myself, offer free initial consultations. Take advantage of that face.
