Can You Get Custody of a Friend’s Child in Tennessee?
Life happens. Sometimes parents struggle, disappear, relapse, get incarcerated, or simply can’t provide a safe, stable home. When that happens, friends often step up — and the big question becomes: Can I legally get custody of my friend’s child in Tennessee?
The short answer: Yes, it’s possible — but Tennessee does not hand over custody lightly.
Tennessee Starts With Parental Rights — Always
In Tennessee, parents have a fundamental constitutional right to the care and custody of their children. That means a court will not give custody to a non-parent just because the non-parent is “better,” more stable, or more responsible.
To get custody of a friend’s child, you must overcome the presumption that the parent has the superior right to custody.
How a Non-Parent Can Get Custody in Tennessee
A friend (or any non-parent) generally must prove one of the following:
The parent is unfit
This can include:Substance abuse
Abuse or neglect
Severe mental health issues left untreated
Abandonment
Incarceration combined with inability to parent
The parent has voluntarily relinquished custody
This often happens when:The parent asks you to take the child
The child has lived with you long-term
The parent has failed to exercise parenting time or decision-making
Extraordinary circumstances exist
Tennessee courts look closely at:How long the child has lived with you
Whether you are the child’s primary emotional and financial support
Whether removing the child from your home would cause serious harm
Emergency Custody Is Sometimes an Option
If a child is in immediate danger, a court can grant temporary emergency custody to a non-parent. This is common when:
A parent is arrested or hospitalized
There is drug exposure
The child is left without appropriate supervision
Emergency custody is temporary — it opens the door, but you still have to prove your case.
You Don’t Have to Terminate Parental Rights
Many people assume termination of parental rights is required. It is not.
Custody and guardianship allow a child to be safe and stable without permanently severing the parent-child relationship, which courts often prefer.
What Courts Care About Most: Stability
Judges focus on:
Where the child has been living
Who gets them to school and doctors
Who provides food, clothing, and emotional support
Whether you can offer long-term stability
Being a friend does not disqualify you — but being consistent matters more than being related.
Bottom Line
Getting custody of a friend’s child in Tennessee is absolutely possible — but it requires:
Strong evidence
Careful legal strategy
A focus on the child’s safety and best interests
If you’re already acting as the parent in every way except on paper, the law may be able to catch up to reality.
Disclaimer: This blog post is for informational purposes only and is not legal advice. Laws change, and the application of law depends on specific facts. You should not rely on this information as a substitute for legal counsel. Reading this post does not create an attorney–client relationship. Contacting our office through this website, blog, or email does not create an attorney–client relationship unless and until a formal written agreement is signed. This blog discusses Tennessee law and procedures. Laws differ from state to state, and even county to county. If your case is outside Tennessee, consult a lawyer licensed in your jurisdiction. This post may be considered attorney advertising under Tennessee law. Past results do not guarantee future outcomes. Every case is different and must be evaluated on its own facts. Please do not send confidential information through this blog or website. Any information submitted through this site is not protected by attorney–client privilege.
