Emergency Custody in Tennessee: When the Court Will Act Fast to Protect a Child
Most custody cases in Tennessee move slowly. But when a child is in danger, the law allows courts to move quickly — sometimes within hours. Emergency custody exists for one reason: to protect children when waiting would cause harm.
What Is Emergency Custody?
Emergency custody is a temporary court order that immediately places a child with a safe adult when there is an imminent risk to the child’s health or welfare. These orders are usually granted ex parte, meaning the other party is not present at the initial hearing.
Emergency custody does not decide final custody — it stabilizes the situation until the court can fully hear the case.
When Will a Tennessee Court Grant Emergency Custody?
Tennessee courts do not grant emergency custody lightly. A petitioner must show immediate and irreparable harm, such as:
Physical abuse or credible threats of abuse
Severe neglect
Drug or alcohol abuse exposing the child to danger
Domestic violence in the home
Abandonment
Unsafe living conditions
“Might happen” is not enough. Courts require specific facts, not speculation.
Who Can Request Emergency Custody?
Emergency custody may be requested by:
A parent
A grandparent
A relative
A non-parent who has been caring for the child
Non-parents must still address parental rights, but child safety comes first in true emergencies.
What Evidence Matters Most?
Judges rely heavily on:
Sworn affidavits
Police reports
DCS involvement
Medical records
Text messages, photos, or videos
Vague allegations or emotional claims often backfire. Documentation wins.
What Happens After Emergency Custody Is Granted?
Emergency custody orders are temporary. The court will typically:
Set a prompt hearing
Allow the other party to respond
Determine whether the emergency placement should continue
If the emergency is not proven at the follow-up hearing, custody can revert.
Emergency Custody Is Not a Strategy — It’s a Safeguard
Courts see through attempts to misuse emergency custody as a litigation tactic. Filing without a real emergency can damage credibility and harm your case long-term.
Bottom Line
Emergency custody in Tennessee is about protection, not punishment. When a child is truly at risk, the law allows swift action — but only with clear, credible evidence.
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.
