Tennessee Code Annotated
Tenn. Code Ann. § 37-1-140 (2026)
Legal custodian - Duties
✓ current as of May 2026
- (a) A custodian to whom legal custody has been given by the court under this part has the right to the physical custody of the child, the right to determine the nature of the care and treatment of the child, including ordinary medical care and the right and duty to provide for the care, protection, training and education, and the physical, mental and moral welfare of the child, subject to the conditions and limitations of the order and to the remaining rights and duties of the child's parents or guardian. A custodian is also responsible for providing notices as required in § 49-6-3051, to the principal of the school in which the child is enrolled.
- (b) As an alternative to a parent or guardian transferring legal custody pursuant to this section or as otherwise provided by law, a parent or guardian may temporarily provide for the care of a child by executing a power of attorney for care of a minor child, pursuant to the Power of Attorney for Care of a Minor Child Act, compiled in title 34, chapter 6, part 3.
Acts 1970, ch. 600, § 39; T.C.A., § 37-239; Acts 2003, ch. 71, § 2; 2003, ch. 238, § 1.
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 2005–2025 · leading case: Crystal BLACKWELL, as Next Friend to Jacob Blackwell, a Minor v. SKY HIGH SPORTS NASHVILLE OPERATIONS, LLC, 523 S.W.3d 624 (Tenn. Ct. App. 2017).
Crystal BLACKWELL, as Next Friend to Jacob Blackwell, a Minor v. SKY HIGH SPORTS NASHVILLE OPERATIONS, LLC, 523 S.W.3d 624 (Tenn. Ct. App. 2017). “” Another statute, Tennessee Code Annotated section 37-1-140, states in relevant part: A custodian to whom legal custody has been given by the court under this part has the right to the physical custody of the child, the right to determine the nature of the care and treatment of…”
In re Joseph F., 492 S.W.3d 690 (Tenn. Ct. App. 2016). “This statutory section also provides: For purposes of this section, legal custody awarded by the court shall vest the legal custodian with the authority to provide the care and control of the child as set forth in § 37-1-140, but does not, by itself, without entry of an order of…”
In re Bush, 593 B.R. 600 (Bankr. M.D. Tenn. 2018). “Tenn. Code Ann. § 37-1-140 (West) DISCUSSION The Trustee is correct in his argument that if this Court finds ambiguity in the Tennessee statute as to the definition of the term "custody," it must turn to legislative history to resolve the conflict, or certify the question to the…”
Pethtel v. State of Tennessee Dep't of Child.'s Servs. (TV2) (E.D. Tenn. 2020). “§ 37-1-140 (a), together establish that the social workers would not have understood their behavior was unconstitutional.”
In Re Gina A. (Tenn. Ct. App. 2012). “See Tenn. Code Ann. §§ 37-1-140 (a), 37-5-103(12); Tenn.”
In Re Isabella S. (2021). “See Tenn. Code Ann. §§ 37-1-140 (a), 37-5-103(12); Tenn.”
In Re Rori H. (Tenn. Ct. App. 2024). “nation of parental rights do not exist, then the child’s legal father shall be granted custody of the child, unless the court determines, upon clear and convincing evidence, that the legal father is unable currently to provide proper custodial care for the child, in which case…”
In Re: Adoption of AMH, a minor Jerry L. Baker & wife, Louise K. Baker v. Shao-Qiang (Jack) He & wife, Qin (Casey) Luo (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 37-1-140 (a) (2003). The Bakers assert that, unlike a “custody” determination which is modifiable, an order appointing a “guardian” for a minor child becomes final and unappealable.”
Ashley Denson ex rel. Bobbie J. Denson v. Methodist Med. Ctr. of Oak Ridge (2025). “2020), and had “the right to determine the nature of the care and treatment of the child[ren]” as well as “the right and duty to provide for the care, protection, training and education, and the physical, mental, and moral welfare of the child[ren],” Tenn. Code Ann. § 37-1-140…”
In Re: Lyric J. (Tenn. Ct. App. 2014). “nation of parental rights do not exist, then the child’s legal father shall be granted custody of the child, unless the court determines, upon clear and convincing evidence, that the legal father is unable currently to provide proper custodial care for the child, in which case…”
In Re R.S.M., 466 S.W.3d 766 (Tenn. Ct. App. 2015). “on is in the best interests of the child, the court shall have jurisdiction to enter an order removing the child from the prospective adoptive parents or other custodian or guardian of the child, and may award temporary legal custody giving any person, the department or licensed…”
— Tenn. Code Ann. § 37-1-140(a) — 1 case
Pethtel v. State of Tennessee Dep't of Child.'s Servs. (TV2) (E.D. Tenn. 2020). “§ 37-1-140 (a), together establish that the social workers would not have understood their behavior was unconstitutional.”
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