In Davidson County, a parent can ask for emergency custody when a child faces immediate danger, either through an emergency motion in a divorce or parenting case or through an order of protection. Wise Law, the Nashville office of Wise & Associates, represents parents seeking emergency custody and parents responding to it.
If a child is in immediate danger, call 911 first. Police and the Department of Children's Services can act faster than any court. This guide covers what to do next. For representation, see our emergency custody attorney in Nashville page.
When Is Emergency Custody Available in Tennessee?
Tennessee courts change custody on an emergency basis only when a child faces immediate harm. A disagreement about bedtime, school choice, or a late exchange is not an emergency. Situations that can qualify include:
- Physical or sexual abuse of the child, or a credible threat of it
- Domestic violence in the home where the child lives
- A parent using drugs or alcohol while caring for the child
- A credible threat to take the child and hide or leave the state
- Serious neglect, such as leaving a young child alone
Judges in Davidson County see many emergency requests. A request that turns out not to be an emergency can hurt the parent who filed it for the rest of the case, so the facts need to be specific and supported.
Three Routes to an Emergency Order in Davidson County
1. An emergency motion in a divorce or parenting plan case
If a divorce or parenting plan case is already pending, or is filed with the request, a parent can file a sworn motion asking the court to change temporary custody or suspend the other parent's time. An order entered without notice to the other parent is a temporary restraining order under Tennessee Rule of Civil Procedure 65, which generally requires a sworn showing that the child will suffer immediate and irreparable harm before the other parent can be heard. Davidson County divorces are heard in Circuit Court or Chancery Court, depending on the case.
2. An order of protection
When the danger comes from domestic abuse, stalking, or sexual assault, a parent can petition for an order of protection (Tenn. Code Ann. § 36-3-601 and following). If the petition shows an immediate and present danger of abuse, a judge can issue an ex parte order right away, and that order can include temporary custody and parenting time terms. The full hearing is generally held within 15 days of service of the ex parte order (Tenn. Code Ann. § 36-3-605).
3. Juvenile Court
Custody between parents who were never married, and dependency and neglect cases, are generally handled in the Juvenile Court of Davidson County. A parent who has not established parentage may need to do that in the same case.
What Evidence Do Davidson County Judges Look For?
An emergency request is decided mostly on paper at first, so the sworn statement has to carry the case. Strong requests include:
- A dated description of what happened, in specific terms, not general fears
- Photos, medical records, and police or 911 reports
- Texts, emails, and voicemails, kept on the original device with dates visible
- Statements from teachers, doctors, counselors, or other neutral witnesses
- Any prior orders, including the current parenting plan
What Happens After an Emergency Order?
- Service. The other parent is served with the order and the hearing date.
- Hearing. The court holds a hearing where both parents can testify and present evidence. For an order of protection, that hearing is generally within 15 days of service.
- Decision. The judge keeps, changes, or ends the temporary terms. The underlying divorce, parenting plan, or juvenile case continues.
- Permanent parenting plan. Long-term custody is decided under the best-interest factors in Tenn. Code Ann. § 36-6-106. When the court finds abuse, the permanent parenting plan must include limits to protect the child and the other parent.
What If the Child Is in Another State?
Tennessee and Kentucky both follow the Uniform Child Custody Jurisdiction and Enforcement Act. In an emergency, a court where the child is physically present can generally act on a temporary basis, even if another state's court handles the main custody case. For families split between Nashville and Louisville, that question often comes up in the first hour.
If an Emergency Order Was Entered Against You
Follow the order exactly, even if you believe it is wrong. Do not contact the other parent in a way the order prohibits, and do not pick up the child outside the order. Gather your evidence, write a dated timeline, and talk to a lawyer before the hearing. The hearing often sets the direction of the rest of the custody case.
Common Mistakes in Emergency Custody Cases
- Keeping the child without an order. Refusing to return a child without a court order can look like the very conduct the court is trying to prevent. Ask the court first unless the child is in immediate danger and you have called 911.
- Vague affidavits. "I am worried about my child" does not support an emergency order. Dates, events, and documents do.
- Using an emergency request for an ordinary dispute. Judges notice, and it can affect how they view the filing parent for the rest of the case.
- Posting about the case. Social media posts are often offered as evidence at the hearing.
- Missing the hearing. Temporary terms can be continued, changed, or dissolved without you.
What the Hearing Looks Like
At the hearing, each parent can testify, offer exhibits, call witnesses, and cross-examine the other side. For an order of protection, the petitioner must prove the allegations by a preponderance of the evidence, meaning more likely than not. The judge can keep the temporary custody terms, change them, add supervised parenting time, or dissolve the order. Whatever the result, the long-term parenting plan is still decided in the divorce, parenting plan, or juvenile case, so the evidence gathered for the emergency hearing usually matters again later.
How Wise Law Handles Emergency Custody
Wise Law, the Nashville office of Wise & Associates, prepares the sworn motion or petition, organizes the evidence by date, and asks for the terms the child needs, such as temporary custody, supervised parenting time, or no-contact terms. For a parent responding, Wise Law prepares the testimony, the evidence, and the cross-examination for the hearing. Managing attorney Paige Redd has been licensed in Tennessee since April 2020.
Emergency Custody in Davidson County: Key Facts
Frequently Asked Questions
How do I get emergency custody in Nashville?
File a sworn emergency motion in the Davidson County divorce or parenting case, or petition for an order of protection if there is abuse. A judge can enter a temporary order quickly, and a hearing follows.
How fast can a Davidson County judge grant emergency custody?
When a sworn filing shows immediate danger, a judge can enter a temporary order the same day. An order of protection hearing is generally held within 15 days of service.
What is not an emergency in a Tennessee custody case?
Ordinary disagreements about schedules, school, or parenting style. Those are handled by a regular motion or mediation.
Can an order of protection give me temporary custody?
Yes. An ex parte order or order of protection can include temporary custody and parenting time terms while it is in effect.
How much does an emergency custody attorney in Nashville cost at Wise Law?
At Wise Law, the Nashville office of Wise & Associates, custody cases start with an upfront flat fee between $1,500 and $5,000, quoted in a free phone consultation.
Related Reading
- Child custody lawyer in Nashville
- Order of protection lawyer in Nashville
- Emergency custody in Kentucky and Tennessee
- Child custody in Nashville: parenting plans
Talk to an Emergency Custody Attorney in Nashville
Consultations are free and by phone. Book a time, then call the office at your scheduled time.
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Wise Law is the Nashville office of Wise & Associates, Louisville, Kentucky.
For help now, see our child custody lawyer in Nashville. Wise Law, the Nashville office of Wise & Associates, quotes the upfront flat fee in a free phone consultation. See pricing or book a free phone consultation.
Attorney advertising. This article provides general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.