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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32619
Experience:  JD, 17 years legal experience including family law
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Is there anything in the Tennessee family code that states

Customer Question

Is there anything in the Tennessee family code that states that if a parent has an arrest conviction for abuse to a child under the age of 18 that that parent cant be awarded custody of a minor child in Tennessee
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Expert:  Tina replied 1 year ago.

Hello again, Kerry.

Yes, there is a provision in the Family Code that refers to this situation. The language from the Code is as follows:

(ii) Unless the court finds by clear and convincing evidence to the contrary, there is a presumption that custody shall not be awarded to a parent who has been convicted of a criminal offense under title 39, chapter 13, part 5, against a child less than eighteen (18) years of age.

Here is a link to the code:

http://www.state.tn.us/tccy/tnchild/36/36-6-101.htm

If the parent can show by clear and convincing evidence that custody of the child should be awarded to them, then that can occur, but it is typically a difficult burden for a parent to meet.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Family Law
Satisfied Customers: 32619
Experience: JD, 17 years legal experience including family law
Tina and 12 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


In your porfessional oppion, What is his chances using this in court. We have other things but this is undisputable since we have transcript of the trial from 2007..

Customer: replied 1 year ago.

In your porfessional oppion, What is his chances using this in court. We have other things but this is undisputable since we have transcript of the trial from 2007..

Expert:  Tina replied 1 year ago.
Hello again, Kerry.

If you are asking what are the chances a parent convicted of a crime as set forth in this section of the code would gain custody of their child, I would say the chances are typically very slim unless they have shown an exceptional change and have become a pillar of their community. A court will not typically grant custody to a parent convicted of such a crime as it endangers the child.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.


My son has nothing on the record and has been the caregiver of the child for the last five months. She assaulted him one night infront of the child who is 14 months old. Our lawyer says that he cant use that due to the fact that he did not call the police when it happen. Can he ask her under oath if she did that and use the answer against her in Tennessee? We got a copy of the arrest record and the trail transcript to present as evidence. Does the lawyer have to present it to the court if we tell him we want him to?

Expert:  Tina replied 1 year ago.
Hello again, Kerry.

If there was no conviction, then the section of the code I provided above would normally not apply to the situation. A parent can present evidence in court of prior bad acts of the other parent to show they are not fit to have custody of the child, but the parent's attorney is not bound to present such evidence if in their judgment it will not affect the outcome in the case.

Your son may wish to retain a different attorney if he disagrees with his attorney's trial strategy.
Customer: replied 1 year ago.


It is her that has the conviction...

Expert:  Tina replied 1 year ago.
I see. I thought you were indicating that the police were not called and she was not convicted of a crime. Certainly if she was, I would typically produce evidence of the conviction to the court.
Customer: replied 1 year ago.


This was a conviction on her in 2007 in Texas while she was a minor as an assault on a minor under the age of 18. The dismestic assult was about two months ago against my son where he would not call the police because he did not want to get his sons mother in trouble.


 

Expert:  Tina replied 1 year ago.
Thank you for clarifying that for me, so there were two separate incidents. The reason the attorney may not wish to present evidence of the recent incident is because there is no record of it, so it will be a "he said, she said" situation and, knowing the particular judge in the case, may not be persuasive but actually inflame the judge if there is no evidence to support the incident. That is really a guess since I am not familiar with the judge or the case, but the attorney probably does have a good reason for not wanting to present evidence of the recent incident unless it can be supported by other evidence.
Customer: replied 1 year ago.


What about the conviction in Texas on the assult she was found guilty of? Should he present that to the court if we have a copy of the transcript? Is the fact that she was a minor also at the time have any factor in the case?

Expert:  Tina replied 1 year ago.
Hello again, Kerry.

Yes, I would typically present evidence of that conviction to the court. The fact that she was a minor at the time would normally be relevant and the court may give weight to that fact. However, the statute clearly states that such a conviction will cause the parent to present clear and convincing evidence to show that she should gain custody of the child, which is usually difficult to do.
Customer: replied 1 year ago.


Please clarify this. I do not understand.. My son is trying to gain custody of the child.


 


However, the statute clearly states that such a conviction will cause the parent to present clear and convincing evidence to show that she should gain custody of the child, which is usually difficult to do.

Expert:  Tina replied 1 year ago.
The section of the code I provided you above will impose a heavier burden on the mother who is seeking custody because she has a conviction referred to in the code, so it would typically be much more difficult for her to gain custody of a child and makes it more likely the court will grant custody to the father of the child instead.
Customer: replied 1 year ago.


Thank you for your time. You answered the questions that I have for now... You did a great job. We thank you very much

Expert:  Tina replied 1 year ago.
You are very welcome, Kerry, and thank you for the positive feedback. I certainly understand the importance of this issue to you and your family. Good luck to you and take care.

Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. Thank you!

Tina

Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

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Tina
Tina
Family Lawyer
32619 Satisfied Customers
JD, 17 years legal experience including family law