[TN] How do I respond to an emergency custody petition if I was not given all the attachments?

TN Family Law

Barrister

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Okay, then you're not going to have enough time to draft up a formal motion for a continuance and get it filed and seen by the judge before your hearing. So you will have to make a verbal motion for a continuance at the hearing and express that there is no imminent harm to the child (TN Code § 36-6-113) and you would like to seek legal counsel for representation.

There is no mandatory script that you have to use. As I mentioned a minute ago, it's a good idea to say to the judge that there is no immediate or imminent risk of harm to the child and you want to obtain legal representation, so you are respectfully requesting a brief continuance. (TN Code § 20-7-101)

"Your Honor, I would like to request a continuance because I was served less than 24 hours ago. Our child is in no immediate danger, and I need adequate time to prepare my defense or retain an attorney. This request is made in good faith, and I apologize for any inconvenience to the Court."

How does that sound?

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My child's father has filed for emergency custody of our daughter.

Lexi, Chatbot

I understand how stressful this situation must be for you. Can you tell me if there have been any specific reasons given for the emergency custody filing?

The petition is unclear on an actual reason why.

Lexi, Chatbot

Have you already had any legal representation or advice regarding this matter?

No.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your custody issue.

I don't know.

Barrister

Hello and welcome! My name is Barrister and I am a licensed attorney and I am here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply as I am typically working with several customers at once. I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.

Can you tell me what state you are in? If you can post your legal question and some of the details about your situation, I should be able to help.

Tennessee.

Barrister

Thanks for letting me know you're in Tennessee. If you can post your legal question and some of the details about your situation, I should be able to help.

My ex has filed a petition for emergency custody. Here's what the petition says:

On the date 1-14-26, Magnolia's mother made aware that crisis hotline has to be called on my 8-year-old daughter because she said she wanted to kill herself. The previous visit with me, I let her get her nails done professionally. Her mother did not approve of the nails and forced her to remove them. Which then escalated into her having to get to the ER. When I entered the room, my daughter looked like a hostage. She would not explain what had happened. I went to find a nurse to ask for a social worker to talk to Maggie alone when she had another panic attack. I had to leave the room because the mother is so combative. When I came back, I was told I had no rights and that she will be released to her mother. I wasn't allowed to know what happened that night. After I got the hospital records, there was no mention of the cause of distress. I have included the message sent to me showing more behind the scene. I am very concerned Magnolia is scared to tell a social worker the truth. I am also attaching more in-depth explanation of my concerns. Also attaching affidavit of maternal family's support in me having sole custody.

Barrister

Okay, it sounds like the father was extremely distressed at what they encountered in the hospital with your daughter and the suicidal ideation that she had expressed. Apparently he thinks that it is something that you were involved with or caused and that is the reason he is filing for the emergency custody.

She did not have suicidal ideation. The medical records reflect that she was not suicidal. The majority of his reasons for filing petition were untrue and fabricated.

Barrister

Understood. So you would be able to respond to his petition in court whenever there is a hearing on the matter and explain the situation and that he was overreacting from something that was blown out of proportion.

I need to file a continuance for the hearing. How do I do that? How does this sound?

"Your Honor, I would like to request a continuance because I was served less than 24 hours ago, and I have not had adequate time to prepare my defense or retain an attorney. This request is made in good faith, and I apologize for any inconvenience to the Court."

Do I need to file an actual Motion, or is it okay to go before the Judge and ask verbally?

Barrister

When is the hearing scheduled for?

Tomorrow morning at 10:00 AM EST. I was served TODAY at 2:30 PM EST — less than 24 hours before the hearing. He waited 10 days after the emergency room visit to file this hearing. If it was an emergency, why did he wait 10 days to file?

Correction: waited 10 days after the emergency room visit to file this petition, I mean.

Barrister

How does that sound?

That sounds perfectly fine. How long should I ask a continuance for? 2 weeks? 4 weeks?

Barrister

As much time as you think it will take you to hire an attorney. If the judge doesn't feel that this is an actual emergency situation, then he shouldn't have any problem giving you two weeks.

I don't see anything in this petition that says she's in imminent danger.

Barrister

It is an emergency petition. Emergencies are typically situations that have to be addressed immediately. So it's going to be up to him to convince the judge that there is some immediate danger to your child if she remains in your custody.

What would he need to present to the judge to prove the child is in immediate danger? I'm asking in case this preliminary hearing moves forward.

Barrister

That I can't tell you because I have no idea what he is going to say to the judge tomorrow in addition to what he's already put into his petition. He would have to convince the judge that if the child remained in your custody, then she is at risk of harming herself.

But you're going to have to have a version of the events that occurred that downplays the seriousness of the situation if there was a call to a crisis hotline about potential self-harm.

I hope I was able to help with any questions you had about the situation and I hope you are able to get things resolved tomorrow.

That's the other part of this. I haven't been given everything he presented in his petition, like he noted at the end: “I have included the message sent to me showing more behind the scene. I am very concerned Magnolia is scared to tell a social worker the truth. I am also attaching more in-depth explanation of my concerns. Also attaching affidavit of maternal family's support in me having sole custody.”

I wasn't given the entire petition as there were attachments left out.

Barrister

Understood. That would be yet another reason for a continuance to be granted.

How should I word that to the Judge?

Barrister

If it were me, I would say something like you weren't served with all of the attachments, so you haven't had time to review and respond to them. When you're making your request, there aren't any magic legal words that you have to use or it's going to be denied. You just simply ask and you set out your reasons why you're asking.

This is a preliminary hearing, so do those normally get a continuance granted? I just don't want to lose custody of my child.

I have the medical records from the emergency room visit he referenced in his petition. The records point blank say she is not a danger to herself or others. Do I present that to the Judge?

Barrister

I think I would be prepared to present anything I could think of that would defuse the situation as one that was an overreaction by the father.

Thanks.

Barrister

Glad to help. Wishing you a good outcome.

Barrister

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