Law Office of Nichole Dusche
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Nichole: 615-861-1191
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Experience and Compassion in Criminal and Juvenile Law

Careful Handling Of Dependent And Neglected Child Cases

The state of Tennessee recognizes that there are children who are either without a parent, guardian or legal custodian or do not receive care that fulfills the needs of the child. Children in these situations are considered to be dependent and neglected. The juvenile court system has a process in place that allows the Department of Children’s Services and concerned adults to file a petition for protection of a child suspected to be dependent and neglected.

If you are facing a situation in which a child’s well-being is at stake and you need someone to help protect the child or fight to keep or obtain custodial rights, Nichole has the tools to counsel you. At the Law Office of Nichole Dusche, she has over a dozen years of experience in criminal and juvenile law. Nichole Dusché knows the system and can provide an experienced approach to your case. Call her at 615-861-1191 for inquiries.

The Basics Of A Dependent And Neglected Case

The person or entity that petitions the juvenile court to have a child removed from their parent or guardian due to suspected neglect or abuse is responsible for providing “clear and convincing” evidence showing the child is in danger. Nichole has extensive experience helping people gain custody of children at risk. Similarly, Nichole also represents parents and guardians who believe their children were wrongly taken from their custody.

Tennessee law defines a dependent and neglected child as follows:

  • He or she is without a parent, guardian or legal custodian;
  • He or she has a parent, guardian, or someone they live with, but that individual is not fit for caring for and fulfilling the needs of the child, whether due to cruelty, mental incapacity or depravity;
  • He or she is unlawfully kept out of school;
  • He or she is under the unlawful or improper care, supervision, custody, or restraint by a person or institution of any kind;
  • He or she is under the care of an individual, whether a parent, guardian or custodian, who refuses or neglects to provide the child with the medical care they require;
  • His or her health and/or morals are in danger of harm due to inappropriate or improper guardianship or a lack of supervision;
  • He or she suffers from outright abuse and/or neglect or is allowed, encouraged, or permitted to participate or engage in acts such as prostitution or pornography;
  • He or she has been left in the sole physical and financial care of a related person for eighteen months or more, and it would be contrary to the child’s best interest to remove the child from the relative’s care.

By law, the Tennessee Department of Children’s Services must investigate every petition alleging abuse and neglect. These cases move quickly and it is important to get an experienced attorney on your side as soon as possible.

Skilled Support In All Types Of Custody

Nichole is experienced in handling all types of child custody cases. She can help you achieve any of the following:

  • Legal custody: The parent is legally responsible for the child and has a right to make decisions about their child’s life.
  • Physical custody: Typically, one parent has primary physical custody, meaning the child resides with them the majority of the time, while the other parent has visitation rights to see and spend time with the child.
  • Sole custody: One parent has legal and physical custody of the child.
  • Joint custody: Both parents have legal custody of the child and can make major decisions about the child’s upbringing.

Every family is different, and the type of custody that works for one may not work for another. Nichole will take great care to understand your unique needs and goals when developing a strategy to help you seek the custody you want.

Your Child’s Well-Being Is The Most Important Thing

Juvenile courts in Tennessee are much like those in any other state. They determine custody of the child based on the child’s best interests. Specifically, they consider things such as home and financial stability, environmental safety, and the parent or potential guardian’s ability to provide general daily needs.

As a skilled child custody lawyer, Nichole represents clients facing the following issues and more:

Perhaps your situation is complex. Maybe you suspect the child is at risk of abuse or otherwise negligent treatment. Whatever your custody issue is, Nichole is prepared to help.

Do Children Get A Say In Custody?

It’s natural for children to have preferences over their living arrangements. They may prefer one parent or location over the other. However, courts determine custody based on the child’s best interests, not their wishes or the wishes of the parents.

That said, while Tennessee laws don’t specify a certain age at which children can express their preferences, they may be able to offer their opinions on the matter when they’re a bit older. Children aged 12 or older may be deemed more mature and understanding of the situation. The courts may take their preferences into consideration, but ultimately, it is the court’s decision how to determine custody, and the court is not obligated to accommodate the child’s choice.

Reach Out For More Information About Custody Issues

Nichole provides compassionate, dedicated service to her clients. You should not battle family disputes like these alone. Nichole has experience working with clients in Franklin and surrounding Middle Tennessee counties. Call Nichole at 615-861-1191 or send an email to arrange a free consultation.