Temporary & Emergency Custody in Tennessee

Protecting Children When Urgent Decisions Are Needed

When a child’s safety or stability is immediately at risk — or when parents are in the middle of a custody dispute and need short-term guidance — Tennessee law provides mechanisms for temporary and emergency custody orders. These orders help ensure the child’s well-being while the court works toward a longer-term solution.

At The Barnett Firm, we assist parents, caregivers, and relatives in seeking temporary and emergency custody orders and represent clients through urgent hearings, protecting rights and children’s interests every step of the way.

What Is Temporary Custody?

Temporary custody refers to a short-term court order that establishes a parenting plan or custody arrangement while a broader custody case is pending. These orders arise most often when:

• Parents are in a divorce or separation and custody has not yet been finalized

• Unmarried parents are resolving parenting time and decision-making responsibilities

• Circumstances suddenly change and a new custody plan becomes necessary

Temporary orders provide structure and stability for children — covering parenting schedules, schooling decisions, healthcare authority, and more — until the court issues a final custody order.

Unlike emergency custody orders (discussed below), temporary custody is not limited to situations of immediate danger but instead helps preserve normalcy while a case proceeds.

What Is Emergency Custody?

Emergency custody (sometimes called a temporary emergency custody order) is intended for situations where a child faces immediate danger in their current home environment.

Common examples include:

• Evidence of abuse, neglect, or imminent harm

• Unsafe living conditions that put the child at risk

• Threats of violence or instability that cannot wait for a standard custody process

Tennessee courts have authority under state law to assume temporary emergency jurisdiction when a child is present in the state and needs protection due to abandonment, mistreatment, or threat of abuse.

Emergency orders can sometimes be issued ex parte, meaning the judge may act without first notifying the other parent — especially when delaying would put the child in harm’s way.

How the Court Decides Emergency Custody

To obtain an emergency custody order, you must show credible evidence that the child’s health, safety, or welfare is at risk. Tennessee judges consider whether:

• There are credible allegations or proof of abuse or neglect

• The child is living in a dangerous environment

• The situation warrants immediate intervention to prevent foreseeable harm

This evidence may include medical records, police reports, witness testimony, or other documentation supporting the claim that waiting for a regular hearing would jeopardize the child’s safety.

What Happens After an Emergency Order Is Issued?

Emergency custody orders are temporary by design. After an emergency order is granted:

1. Expedited Follow-Up Hearing

The court will schedule a hearing quickly — often within about 15 days — so both parents can present evidence, testimony, and legal arguments.

2. Review and Decision

At that hearing, the judge determines whether the emergency order should be extended, modified, or dismissed. The focus remains on the child’s best interests.

3. Transition to Traditional Custody Proceedings

If the case continues beyond the emergency phase, the matter may transition into standard temporary or final custody litigation, complete with a full discovery process, parenting plans, and legal advocacy.

Duration of Temporary & Emergency Custody Orders

There is no fixed deadline for a temporary or emergency custody order. Emergency orders remain in effect until the court modifies or terminates them after a hearing. Temporary custody orders continue until the court issues a final custody decision or the case otherwise resolves.

Because these orders affect parental rights — even for short periods — it’s important to work with an attorney who understands how to frame evidence and advocate effectively in urgent settings.

Who Can Seek These Orders?

In Tennessee, parents most commonly seek temporary or emergency custody. However, relatives or other interested adults (like grandparents or guardians) may also petition the court if they can show the child’s current environment is unsafe or the parents are unable to care for the child.

Even when a petition is filed by someone other than a parent, the court’s central question remains: What arrangement serves the best interests of the child?

Why You Need Skilled Legal Guidance

Temporary and emergency custody proceedings can move quickly and involve high stakes. Parents and caregivers must:

• Prepare persuasive evidence under tight timelines

• Advise on the best strategies for hearings and filings

• Advocate for fairness and the child’s long-term stability

At The Barnett Firm, we have extensive experience handling urgent custody situations. We help clients gather documentation, craft compelling legal arguments, and present your case effectively before the court.

Get Help with Temporary or Emergency Custody

If your child’s safety is at risk or you need immediate legal protection, don’t wait to take action. Contact The Barnett Firm today to schedule a consultation and learn how we can support you with temporary or emergency custody in Tennessee.