How to File a Defense With the Court for Child Custody in Tennessee
If you have been served with a child custody suit via a petition for divorce or a separate suit for child custody (in the case of a non-married couple), according to Tennessee Rules of Procedure Rule 12.01, you must file responsive pleadings with the court within 30 days. Most commonly, the defendant files an answer and a counterclaim, but if the petitioner's complaint is lacking, you can request dismissal of the suit. If you do not file a responsive pleading, you waive your defenses.
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Instructions
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Format the caption of the pleading with the names of the parties, the name of the court and the county where the action is filed. The caption must also contain the case number and the title of the action (for example, Answer, Motion to Dismiss).
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2
Write the introductory paragraph by introducing each party to the lawsuit. The title of the party (petitioner or respondent) and the party's full name is spelled out. Common language used is, "Comes now, the Respondent [Your name in caps and bold] and files this, his Answer to the Petitioner [Petitioner's name in caps and bold] Petition for Child Custody and further states:"
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Answer each paragraph of the petition or complaint by numbering each paragraph and writing, "Admitted" for paragraphs that you agree with, and "Denied" for paragraphs that you do not agree with. If you do not have knowledge of an allegation in the petitioner's complaint, say, "Without knowledge, therefore denied."
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Sign the answer and file it with the clerk of court.
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Draft a counterclaim. The counterclaim follows the same format as the petitioner compliant, and asks for everything you want out of the situation. If the petitioner is asking for primary custody and you think you should have primary custody, be sure to ask for primary custody. Each request has its own paragraph.
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Attach any exhibits to help your case to the counterclaim. Refer to each exhibit in the counterclaim. For example, if you have proof that the petitioner is abusive and should not have primary custody, attach police reports or other proof of this. State in the counterclaim that the petitioner has a history of abuse, then add the notation for the exhibit in parenthesis: (See Exhibit "A" attached hereto and incorporated by reference).
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Sign and notarize the counterclaim and file it with the clerk of court.
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