Legal Packet

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TENNESSEE )

) ss.

[COUNTY] COUNTY )

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[PETITIONER FULL NAME],

Petitioner,

v.

[RESPONDENT FULL NAME],

Respondent.

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PETITION FOR CUSTODY AND PARENTING PLAN

[CIRCUIT / CHANCERY / JUVENILE] COURT OF [COUNTY] COUNTY

Case No.: _______________

Division: _______________

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COMES NOW Petitioner, [PETITIONER FULL NAME], and files this Petition for Custody

and Parenting Plan, and in support thereof states as follows:

PARTIES AND JURISDICTION

1. Petitioner [FULL NAME] is a resident of [COUNTY] County, Tennessee, residing

at [ADDRESS], [CITY], TN [ZIP].

1. Respondent [FULL NAME] is a resident of [COUNTY] County, Tennessee, residing

at [ADDRESS], [CITY], TN [ZIP].

1. This Court has jurisdiction over the subject matter and the parties pursuant

to Tenn. Code Ann. § 36-6-101.

1. The minor child(ren) subject to this Petition is/are:

1. The minor child(ren) have resided in Tennessee for at least six (6) months

immediately preceding the filing of this Petition.

STATEMENT OF FACTS

1. Petitioner and Respondent are the natural [married / unmarried] parents of

the minor child(ren) identified above.

1. [If married:] The parties were married on [DATE] in [CITY], [STATE].

[If divorced:] The parties were divorced on [DATE] pursuant to a Final

Decree entered in [COUNTY] County, [STATE], Case No. [NUMBER].

1. The minor child(ren) currently reside(s) with [Petitioner / Respondent /

both parents on a shared schedule] at [ADDRESS].

1. [Describe the current custody arrangement, if any, and why modification or

initial determination is needed. Include relevant facts about each parent's

relationship with the child, caretaking responsibilities, and any issues

affecting the child's welfare.]

1. Petitioner seeks a Court order establishing custody and a parenting plan

that serves the best interest of the minor child(ren).

BEST INTEREST OF THE CHILD

1. Under Tenn. Code Ann. § 36-6-106(a), "In a suit for annulment, divorce,

separate maintenance, or in any other proceeding requiring the court to

make a custody determination regarding a minor child, the determination

shall be made on the basis of the best interest of the child. In taking

into account the child's best interest, the court shall order a custody

arrangement that permits both parents to enjoy the maximum participation

possible in the life of the child consistent with the factors set out in

this subsection (a), the location of the residences of the parents, the

child's need for stability and all other relevant factors."

1. Petitioner submits that the requested custody arrangement is in the best

interest of the minor child(ren) based on the following factors under

Tenn. Code Ann. § 36-6-106(a):

a) Strength and stability of relationship: [Describe each parent's

relationship with the child]

b) Parenting responsibilities: [Describe who has performed the

majority of parenting duties]

c) Willingness to facilitate relationship with other parent:

[Describe each parent's willingness to support the child's relationship

with the other parent]

d) Ability to provide for needs: [Describe each parent's ability to

provide food, clothing, medical care, education]

e) Primary caregiver: [Identify which parent has been the primary

caregiver]

f) Love and emotional ties: [Describe emotional bonds]

g) Child's emotional and developmental needs: [Describe how the

proposed arrangement meets these needs]

h) Moral, physical, mental and emotional fitness: [Describe each

parent's fitness]

i) Child's preference (if age appropriate): [If applicable]

j) Other relevant factors: [Any other relevant considerations]

PARENTING PLAN

1. Under Tenn. Code Ann. § 36-6-401(b), "The best interests of the child are

served by a parenting arrangement that best maintains a child's emotional

growth, health and stability, and physical care."

1. Petitioner proposes the following custody arrangement:

Primary Residential Parent: [Petitioner / Respondent / Shared]

Residential Schedule:

• [Describe the proposed schedule: weekdays, weekends, holidays, school

breaks, summer vacation, birthdays, etc.]

Decision-Making Authority:

• Educational decisions: [Joint / Primary Residential Parent]
• Medical decisions: [Joint / Primary Residential Parent]
• Religious upbringing: [Joint / Primary Residential Parent]
• Extracurricular activities: [Joint / Primary Residential Parent]

Transportation:

• [Describe how child will be transported between homes]

Communication:

• [Describe phone/video call arrangements]

1. Petitioner attaches hereto as Exhibit A a proposed Permanent Parenting Plan

conforming to the requirements of Tenn. Code Ann. § 36-6-404.

CHILD SUPPORT

1. Under Tenn. Code Ann. § 36-5-101(a)(1), "Upon dissolution of a marriage,

whether dissolved absolutely or by a perpetual or temporary decree of

separation, the court may make an order and decree for the suitable support

and maintenance of the children by either spouse or out of such spouse's

property, according to the nature of the case and the circumstances of the

parties, the order or decree to remain in the court's control."

1. Petitioner requests that child support be established in accordance with

the Tennessee Child Support Guidelines.

1. Petitioner's gross monthly income: $[AMOUNT]

Respondent's gross monthly income (to the extent known): $[AMOUNT]

PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

a) Award custody of the minor child(ren) to [Petitioner / Respondent / Joint

Custody] in accordance with the proposed parenting plan;

b) Approve and adopt the proposed Permanent Parenting Plan attached hereto

as Exhibit A;

c) Establish child support in accordance with the Tennessee Child Support

Guidelines;

d) Order Respondent to pay [a portion of / all] Petitioner's attorney's fees

and court costs;

e) Set this matter for hearing; and

f) Grant such other and further relief as the Court deems just and proper.

VERIFICATION

I, [PETITIONER FULL NAME], declare under penalty of perjury pursuant to

Tenn. Code Ann. § 39-16-702 that the foregoing is true and correct to the

best of my knowledge, information, and belief.

Executed this ___ day of _____________, 20___.

______________________________

[PETITIONER SIGNATURE]

[PETITIONER FULL NAME, printed]

[ADDRESS]

[CITY, STATE, ZIP]

[PHONE NUMBER]

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FILING INSTRUCTIONS

Tennessee Circuit/Chancery Court

Court: [Circuit / Chancery] Court of [County] County, Tennessee

Address: [County Courthouse Address]

Filing Fee: Approximately $150-250 (varies by county)

Fee Waiver: Request "Pauper's Oath" form from clerk if unable to pay

Deadline: File as soon as possible. No specific deadline unless responding

to an existing case.

Service: After filing, the other parent must be served with a copy of the

Petition and Summons. Service can be done by:

• Sheriff's deputy (fee approximately $25-50)
• Private process server
• Certified mail with return receipt (if allowed by local rules)

Required Documents:

1. Petition for Custody (this document)
2. Proposed Permanent Parenting Plan (Exhibit A)
3. Verified Income Statement (child support worksheet)
4. Summons (obtained from clerk)
5. Civil Cover Sheet (if required by county)

Mandatory Parenting Class:

Both parents must complete a court-approved parenting education seminar.

Ask the clerk for approved providers in your area.

Legal Aid Resources:

• Legal Aid of East Tennessee: 1-800-821-1312
• Memphis Area Legal Services: (901) 523-8822
• West Tennessee Legal Services: 1-800-489-8492
• Tennessee Alliance for Legal Services: https://www.tals.org
• LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

Court Locations by Major County:

• Shelby County (Memphis): 140 Adams Avenue, Memphis, TN 38103
• Davidson County (Nashville): 1 Public Square, Nashville, TN 37201
• Knox County (Knoxville): 300 Main Street, Knoxville, TN 37902
• Hamilton County (Chattanooga): 625 Georgia Avenue, Chattanooga, TN 37402

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