Can I Get Joint Custody if I Was Never Married to My Child’s Mother in Tennessee?

If you’re an unmarried father in Tennessee, you may be wondering about your rights to custody of your child. The good news is that it is possible to obtain joint custody, even if you were never married to your child’s mother. But, the process involves several important steps and considerations.

Initial Custody Rights in Tennessee

In Tennessee, when a child is born to unmarried parents, the mother is automatically granted full custody. This means that as an unmarried father, you don’t have any legal rights to custody or visitation until you establish paternity.

While this may seem unfair, it’s important to understand that this is just the starting point. Once paternity is established, you have the same rights as any other parent to seek custody.

Step 1: Establishing Paternity

The first and most crucial step in seeking custody is to legally establish that you are the child’s father. There are several ways to do this in Tennessee:

1. Voluntary Acknowledgment of Paternity (VAoP): If both you and the mother agree that you’re the father, you can sign a VAP form. This is often done at the hospital when the child is born, but can also be completed later.
2. Genetic Testing: If there’s any uncertainty about paternity, you can request a DNA test. In Tennessee, if genetic testing shows a 95% or higher probability of paternity, there’s a rebuttable presumption that you are the father.
3. Court Order: You can file a petition with the court to establish paternity. This usually involves court-ordered DNA testing.

Establishing paternity is not just about gaining custody rights. It’s also crucial for your child’s well-being, providing them with legal rights to inheritance, social security benefits, and access to family medical history.

Step 2: Pursuing Joint Custody

Once paternity is established, you have the legal standing to petition for custody. Here’s what you need to know about this process:

1. Equal Rights: Tennessee law recognizes that both parents have equal rights to custody, regardless of marital status. The court’s primary concern is always the best interests of the child.
2. Types of Custody: There are two types of custody to consider:
   • Physical custody: This determines where the child lives.
   • Legal custody: This involves the right to make important decisions about the child’s upbringing, including education, healthcare, and religious upbringing.
3. You can seek joint custody for either or both of these types.
4. Best Interests of the Child: The court considers various factors when determining custody, including:
   • Each parent’s ability to provide for the child
   • The child’s relationship with each parent
   • Each parent’s willingness to foster a relationship between the child and the other parent
   • The child’s adjustment to home, school, and community
   • Any history of abuse or neglect
5. Parenting Plan: You’ll need to submit a proposed parenting plan to the court. This should outline your suggested custody arrangement, visitation schedule, and how you plan to handle decision-making for your child.
6. Mediation: Many Tennessee courts require parents to attempt mediation before going to trial. This can be an opportunity to work out a custody arrangement with your child’s mother in a less adversarial setting.

Challenges Unmarried Fathers May Face

While it’s entirely possible for unmarried fathers to obtain joint custody in Tennessee, there can be some unique challenges:

• Established Caregiving Patterns: If the mother has been the primary caregiver since birth, the court may be hesitant to disrupt that arrangement unless there’s a compelling reason.
• Demonstrating Involvement: You may need to provide evidence of your involvement in your child’s life, especially if you haven’t been living with them.
• Overcoming Biases: Unfortunately, some outdated stereotypes about fathers being less capable caregivers can persist. Be prepared to demonstrate your parenting abilities and commitment.

Strategies for Pursuing Joint Custody

1. Be Proactive: Don’t delay in establishing paternity or seeking custody. The longer you wait, the harder it can be to change established patterns.
2. Document Your Involvement: Keep records of your participation in your child’s life, including time spent together, financial support provided, and involvement in school or medical appointments.
3. Maintain Respectful Co-Parenting: Even if there are disagreements with your child’s mother, always communicate respectfully. Courts look favorably on parents who can work together for their child’s benefit.
4. Develop a Thoughtful Parenting Plan: Put careful consideration into your proposed parenting plan. Consider practical issues like work schedules, school locations, and your child’s activities.
5. Focus on Your Child’s Best Interests: Always frame your arguments in terms of what’s best for your child, not just what you want.
6. Seek Legal Guidance: Navigating custody as an unmarried father can be complex. An experienced TN child custody lawyer can be invaluable in protecting your rights and pursuing the best outcome for you and your child.

At The Law Office of Sam Byrd in Chattanooga, we’re committed to helping unmarried fathers in Tennessee navigate the process of establishing paternity and seeking joint custody. We understand the emotional and legal complexities involved, and we’re here to guide you every step of the way.

Remember, being an unmarried father doesn’t diminish your importance in your child’s life. With the right approach and legal support, you can pursue a meaningful, active role in your child’s upbringing through joint custody.

If you’re an unmarried father in Tennessee looking to establish paternity or pursue joint custody, don’t hesitate to reach out. Contact The Law Office of Sam Byrd today for a consultation. Let’s work together to protect your rights and your relationship with your child.