Tennessee Guardianship Hearing: What to Expect and How to Prepare

Before the Hearing: Confirm Your File Is Complete

Before your hearing date, check with the court clerk to verify that every procedural step is done. The judge will check these at the hearing, and a missing item means a continuance — which can delay your order by weeks or months.

Confirm that:

• Valid proofs of service exist for every required party — sheriff returns, signed certified mail receipts, or publication affidavits
• Check whether each parent filed a consent and waiver, an answer, or no response; confirm any required next step for a parent who did not respond
• If the court ordered background checks, confirm that results have been returned
• Unless the court waived appointment, confirm that the Guardian ad Litem was appointed within 10 days of filing and filed a written report at least 3 days before the hearing, unless the judge waived that deadline

What to Bring

Organize a physical folder with:

• Government-issued photo ID (driver's license or passport)
• Certified copy of the child's birth certificate
• Certified death certificates for any deceased parents
• Certified copies of all prior court orders involving the child — custody, divorce, child support, protective orders
• School records, medical records, or attendance logs showing the child's stability in your care
• Multiple copies of the proposed final order for the judge to sign

Bring originals and copies. The court keeps the originals; your copies are for your records and for presenting to schools, doctors, and benefits offices afterward.

Who Must Be There

The petitioner should attend to present evidence. A parent who wants to contest the petition should follow the court's notice about appearing. In a Title 34 case, the Guardian ad Litem's report must state whether the respondent will attend; check the hearing notice and appointment order for who must appear.

For custody and guardianship decisions, T.C.A. § 36-6-106 directs the court to consider the reasonable preference of a child age 12 or older and permits the court to hear a younger child's preference on request. That is not a general attendance rule; ask the clerk whether the child should attend your hearing.

What the Judge Will Ask

The judge evaluates three things:

1. Was proper notice given? The judge confirms that all parents received valid service under the applicable rules. If service was by publication, the judge reviews whether the diligent search was sufficient.

2. Is the legal threshold met? In a contested guardianship over a parent's objection, the judge must find substantial harm before considering the child's best interests. In an initial non-parent custody dispute, the non-parent must prove substantial harm by clear and convincing evidence. Parental consent changes that threshold, but the judge still reviews the petition on its merits.

3. Is the proposed guardian qualified? If the court ordered background checks or appointed a Guardian ad Litem, the judge reviews those results and the guardian ad litem's report, along with your ability to provide for the child.

You may be asked to testify under oath about your relationship with the child, how long the child has lived with you, the circumstances that led to the filing, and your plan for the child's care.

Courtroom Basics

Dress professionally. Address the judge as "Your Honor." Silence your phone. Arrive early — courts may move your case if you're not present when called.

If you need a language interpreter, request one through the clerk before the hearing date. Tennessee's court language-access plan provides language assistance at no cost to eligible limited-English-proficient participants, and Supreme Court Rule 42 sets interpreter standards.

After the Ruling

A verbal ruling from the bench is not an entered written order. Tennessee Rule of Civil Procedure 58 makes an order effective when it meets the rule's signature or service-certificate requirements and the clerk marks it filed for entry. Ask the clerk's office for certified copies of the entered order — you'll need them for school enrollment, medical providers, insurance, Social Security, and any benefits applications.

If the judge appoints you guardian of the child's property, the inventory is due within 60 days. The initial accounting is due within 30 days after the first six months of appointment; later accountings are generally due within 60 days after each anniversary unless the court waives them.

The Guardianship and Custody for Grandparents and Relatives in Tennessee guide includes a hearing preparation worksheet and a post-order compliance checklist covering everything from certified copies to annual reporting deadlines.

See more Tennessee guides →