When Your Child Is in Danger, You Don’t Have Time to Wait
Tennessee law allows parents to seek emergency custody when a child is at immediate risk of harm. These cases move quickly — sometimes within hours — and the judge has broad discretion to issue protective orders, modify parenting time, and put safeguards in place.
If you believe your child is unsafe due to abuse, neglect, substance abuse, unstable living conditions, mental health concerns, or exposure to dangerous individuals, you may be able to petition the court for temporary emergency custody.
Our firm handles urgent custody cases with the speed and precision these situations demand.
What Counts as an “Emergency” Under Tennessee Law?
Courts do not grant emergency custody lightly. You must show that the child faces an immediate and substantial risk of harm, which may include:
1. Physical Abuse or Threats
- Bruises or marks
- Violent discipline
- New partners or relatives harming the child
- Threats toward the child or parent
2. Neglect or Unsafe Living Conditions
- Lack of food or supervision
- Dirty or unsafe home
- Exposure to drugs, violence, or criminal activity
3. Substance Abuse by a Parent
- Drug use while caring for the child
- Alcohol abuse
- Impaired driving with the child present
- Positive drug screens
4. Mental Health Crises
- Suicidal behavior
- Psychosis or delusions
- Failure to take critical medications
- Mental instability that affects caregiving
5. Exposure to Domestic Violence
Even if the child is not physically harmed, witnessing domestic violence can justify emergency action.
6. Abduction or Wrongful Removal of the Child
If a parent refuses to return the child after visitation or threatens to take them out of state.
7. Dangerous New Relationships
- Sex offenders
- Abusive partners
- Drug-using partners
- Unknown individuals staying in the home
If the danger is immediate, the court can act fast — sometimes the same day.
How Emergency Custody Works in Tennessee
Emergency custody actions usually begin with one of the following:
1. Petition for Emergency Temporary Custody
Filed when a parent can’t wait for a standard hearing date.
2. Motion for Temporary Restraining Order (TRO)
Asks the court to immediately restrict a parent’s contact or decision-making.
3. Ex Parte Petition
The judge may grant temporary relief without the other parent present if the situation is urgent enough.
If granted, the court typically schedules a full hearing within 15 days to give both sides an opportunity to present evidence.
Evidence That Strengthens Emergency Custody Cases
The court must see credible proof of the alleged danger. Useful evidence includes:
- Photos or videos
- Medical records
- Police reports
- School reports
- Witness statements
- Texts, emails, or social media messages
- Drug test results
- DCS reports
- Audio recordings (when legally obtained)
The stronger your evidence, the more likely the judge is to grant emergency relief.
What the Judge Can Order in an Emergency
Tennessee judges have wide authority in emergency situations. They may order:
- Temporary full custody to the filing parent
- Suspension of the other parent’s visitation
- Supervised visitation
- No overnight visitation
- Immediate drug or alcohol testing
- Prohibitions on certain people being around the child
- Restrictions on travel
- Pickup orders for law enforcement to retrieve the child
- Mandatory counseling or treatment
These orders remain in effect until the follow-up hearing.
What Happens at the 15-Day Hearing
Both sides present evidence, and the judge decides whether to:
- Continue the emergency custody order
- Modify or weaken the restrictions
- Return to the original parenting plan
- Create a new temporary parenting plan
- Order evaluations or testing
- Set future court dates for full hearings
The judge’s priority is the child’s immediate safety and best interest.
Defending Against False or Exaggerated Emergency Claims
Unfortunately, some parents file emergency petitions in bad faith — often during high-conflict custody battles, divorces, or disagreements over parenting time.
We defend clients against false allegations by showing:
- Lack of credible evidence
- Inconsistencies in the claims
- Motives related to custody disputes
- Stability and safety of the home
- Records of positive parenting
- Evidence contradicting the allegations
False emergency claims can backfire and harm the filing parent’s credibility.
Modifying Custody After an Emergency
Emergency custody orders do not automatically become permanent. However, they can influence long-term custody if evidence shows:
- Ongoing risk
- Continued instability
- Repeated dangerous behavior
- Substance abuse that remains untreated
- Repeated interference with parenting time
If the emergency situation reveals deeper issues, we can pursue a permanent modification.
When to Seek Emergency Custody
You should consider filing when:
- Your child is unsafe
- The other parent is intoxicated while caring for the child
- You have credible evidence of abuse
- The child is not being supervised
- Police or DCS have been involved
- The other parent has mental health problems that jeopardize the child
- You fear abduction or relocation without consent
If you wait too long, the court may question the urgency of the threat.
How We Help in Emergency Custody Cases
Our firm understands that time is everything in emergencies. We act quickly to:
- Evaluate the urgency
- Prepare emergency petitions
- Gather the right evidence
- File motions with the court
- Request ex parte hearings when appropriate
- Coordinate with law enforcement
- Prepare clients for court appearances
- Protect the child’s immediate safety
We also build a strategy for the 15-day hearing and any long-term modifications that may follow.
Next Steps
If your child is in danger — or if you’ve been falsely accused of putting your child at risk — you need immediate legal help.
We are available to move quickly, file emergency petitions, defend against accusations, and protect your child’s well-being and your parental rights.
Contact our office today for urgent legal guidance.