Tennessee Abandoned Child Custody: How Relatives File for Legal Authority

When a Parent Walks Away

A parent who disappears — stops visiting, stops calling, stops paying support, leaves no forwarding address — puts relatives in a difficult position. You have a child in your home who needs school enrollment, medical care, and benefit applications, but you have no legal authority and no way to reach the parent who could sign a power of attorney.

Tennessee law does not define a single statutory trigger called "abandonment" in the guardianship context the way it does in termination-of-parental-rights cases. But when a parent's location is unknown or the parent has simply stopped participating, relatives have a clear path through the courts.

Filing the Petition

File a Petition for Guardianship of the Minor under T.C.A. Title 34 in the appropriate court. A person-only guardianship may be brought in juvenile court; a guardianship of the person, property, or both may be brought in a court exercising probate jurisdiction or another court of record in a county with venue under T.C.A. § 34-2-101.

The petition must name the absent parent and state that their location is unknown. Include the last known address, if any, and describe the circumstances of the parent's absence.

The Diligent Search Requirement

Before service by publication, the parent's residence must be unknown and not ascertainable after diligent inquiry. Tennessee law requires the supporting facts to be stated under oath in the petition or a separate affidavit. Examples of search steps to document include:

• Last known home address and employer
• Postal forwarding records
• The Tennessee Department of Correction's Felony Offender Information (FOIL) search, for felony offenders currently or formerly in TDOC custody
• Vital statistics records
• Social media accounts
• Contact with family members who might know the parent's location

Document every search step, including dates and results. A thin affidavit that says "I couldn't find them" without showing the effort may be rejected.

Service by Publication

If the court authorizes publication, follow its order for service. Notice is published once a week for four consecutive weeks in a newspaper the court designates. After publication is complete and the parent does not file an Answer, you can move for default.

Publication adds time — expect at least five to six weeks for this step alone — and it costs the publication fee charged by the newspaper.

The Other Parent

If the child has two parents and only one is missing, the other parent must still be properly served. A parent who is present and willing to cooperate can sign a Consent and Waiver of Notice, which simplifies the case considerably. If the present parent opposes your petition, the case becomes contested and the substantial-harm standard from Blair v. Badenhope applies.

Emergency Situations

An emergency guardianship is available only if the court finds that following ordinary procedures would likely cause substantial harm to the child's health, safety, or welfare and no other person appears authorized and willing to act in the child's best interests. Under T.C.A. § 34-1-132, the emergency guardian's authority cannot exceed 60 days. If the court appoints an emergency guardian without notice, it must give the respondent notice within 48 hours and hold a hearing on the appointment within five days. Any longer-term guardianship requires a separate court order.

For suspected abuse or neglect, contact the DCS Child Abuse Hotline at 1-877-237-0004.

Building Legal Authority Step by Step

The Guardianship and Custody for Grandparents and Relatives in Tennessee guide includes a diligent-search tracker, service-of-process log, and the full filing workflow for cases where a parent cannot be located.

See more Tennessee guides →