A proper understanding of jurisdiction (a court’s authority over certain people) and venue (a court’s location) is critical to helping you select the right attorney to assist you in your adoption case.
Certain courts have power to hear certain cases. In your Tennessee adoption case, the rules about jurisdiction are set forth in T.C.A. 36-1-102 where it explains that adoption matters should be filed in Chancery or Circuit Court. There may be orders related to the child from Juvenile Court but the adoption will actually be finalized in Chancery or Circuit Court. In Davidson
County, Judge Philip E. Smith, Judge for the Fourth Circuit Court of Davidson County, TN hears adoption matters. In Sumner County, both Judge Joe H. Thompson, Judge for the Circuit Court of Sumner County, TN and Chancellor Louis W. Oliver, III, Chancellor for the Chancery Court of
Sumner County, TN hear adoption matters. As your attorneys, we will give you insight on exactly where your case should be filed.
When it comes to selecting the proper venue, you’re basically starting with all 95 counties in the beautiful State of Tennessee and using the law to select the one(s) that fit the facts of your case. Pursuant to T.C.A. 36-1-114, the proper county(s) on the map for your adoption case could be any of the following:
(1) The county where petitioners reside;
(2) The county where the child resides;
(3) The county where, at the time the petition is filed, any respondent resides; (4) The county where any licensed child-placing agency or institution operated under the laws of this state having custody or guardianship of the child or to which the child has been surrendered;
(5) The county where the child became subject to the care and control of a public or private child-caring or child-placing agency; or
(6) The county where the child became subject to partial or complete guardianship or legal custody of the petitioners.
As with anything in the law, there are always “terms of art” that can be better explained when you sit down with a legal professional but the above list will help you evaluate whether our office is right for your case. Remember, we practice exclusively in Nashville, Davidson County, TN and Sumner County, TN including Hendersonville, Gallatin, Portland and Westmoreland.
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