Non-biological parents often play significant roles in a child’s life, but their legal rights in custody disputes can vary.
Tennessee law recognizes specific circumstances under which non-biological parents can seek custody or visitation.
Establishing legal standing
Non-biological parents must establish legal standing to be considered in custody cases. In Tennessee, this typically involves proving a significant existing relationship with the child. Courts look for evidence that the non-biological parent has acted as a primary caregiver or has been deeply involved in the child’s upbringing.
Best interests of the child
Courts prioritize the best interests of the child in custody disputes. Non-biological parents must show that their involvement serves the child’s physical, emotional, and educational needs. Evidence of a stable home environment, financial support, and emotional connection can strengthen their case.
Rights of de facto parents
In some cases, Tennessee law recognizes de facto parents. These are individuals who have taken on the role of a parent for an extended period, providing daily care and support. Courts may grant custody or visitation rights to de facto parents if it benefits the child’s well-being.
Overcoming parental preference
Biological parents generally have a legal preference in custody cases. Non-biological parents must present compelling evidence to show that awarding custody to them serves the child’s best interests. This might include instances where the biological parent is unable to provide adequate care or has a history of neglect or abuse.
Protecting meaningful relationships
Non-biological parents seeking custody must navigate complex legal requirements, but their efforts can help preserve meaningful relationships with the children they care for. By focusing on the child’s well-being and presenting strong evidence of their role, they can advocate for continued involvement in the child’s life.
