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The sole consideration in such a decision is the best interests of the child. If the court determines that a parent willfully abandoned his or her child for at least 18 months, then that parent's involvement with the child (such as visitation) will be limited.
Ask the Court to Undo the Guardianship & Start Over. A person can file a Motion to Set Aside the Order if the guardianship order is wrong or unjust. Ask the Court to Remove and Replace the Guardian. Ask the Court to End the Guardianship.
Definition. A guardian ad litem is a guardian that a court appoints to watch after someone during a case.
The laws relating to divorce and child custody change regularly in Tennessee.The most common route for a grandparent or other relative to obtain custody of a child is by filing a petition for dependency and neglect and for custody in the juvenile court of the county where the child lives.
You might be required to pay the GAL upfront before s/he will start working on your case. This payment is called a retainer. The cost of a GAL can be anywhere from $1,000 to $3,000. What if I cannot afford the GAL fee?
Upon attaining the age of 18, if the child can maintain himself, the court may allow the removal of a guardian who was appointed to take his care or his property.
(a) A modification or termination of the permanent guardianship may be requested by the permanent guardian, by the child if the child is sixteen (16) years of age or older, the parent, or by the state. A modification or termination may also be ordered by the juvenile court on its own initiative.
Tennessee law, Section 36-4-101, subsection 4 states: A spouse can file for divorce due to abandonment, defined as the willful or malicious desertion or absence of either party, without a reasonable cause lasting for a period of at least one year.
You can ask the judge to appoint a GAL or a Probation Officer to help decide which parent should have custody. File a motion that asks the judge to appoint a GAL or order the Probation Department to investigate. If the other parent asks for custody, you can respond by asking the judge to appoint a GAL.