What Rights Do Unmarried Fathers Have in Tennessee?

Welcoming a child into your life is an experience that changes everything. For many dads in Tennessee, the joy of fatherhood comes with questions, especially if you’re not married to your child’s mother.

You might be wondering what rights you have, how to protect your relationship with your child, or what steps you need to take to be legally recognized as a father.

In this post, I’ll break down what unmarried fathers in Tennessee need to know.

Establishing Paternity is the First Step for Unwed Fathers

Under Tennessee law, establishing paternity is the first and most crucial step for unmarried fathers who want to have a legal relationship with their child. Paternity refers to the legal recognition of a man as the father of a child.

There are a few ways to establish paternity in Tennessee:

1. Voluntary Acknowledgment of Paternity (VAoP): If both parents agree, they can sign a VAP form, which is available at the hospital when the child is born or at the Office of Vital Records.
2. Court Order: If there’s a dispute about paternity, a court can order a DNA test and issue a judgment establishing paternity.
3. Presumption of Paternity: A man is presumed to be the father if he was married to the mother when the child was born or if he married the mother after the child’s birth and voluntarily claimed paternity.

Establishing paternity gives unmarried fathers the legal standing to seek custody, visitation, and other parental rights. It also ensures that the child has access to important benefits, such as health insurance, social security, and inheritance rights.

It’s also important to note that Tennessee has a Putative Father Registry, which allows men who believe they may be the father of a child to register their information. This can be useful in cases where the mother is considering placing the child for adoption.

Custody and Visitation Rights for Unmarried Fathers

In Tennessee, when a child is born to unmarried parents, the mother automatically has sole legal and physical custody of the child. This means that the mother has the right to make all decisions related to the child’s upbringing, including where the child lives, goes to school, and receives medical care.

However, once an unmarried father establishes paternity, he can petition the court for custody and visitation rights. Tennessee courts make custody and visitation decisions based on the “best interests of the child” standard, which takes into account factors such as:

• The strength, nature, and stability of each parent’s relationship with the child
• Each parent’s ability to provide for the child’s needs
• The child’s adjustment to their home, school, and community
• The mental and physical health of each parent
• Any history of domestic violence or substance abuse

Common custody and visitation arrangements for unmarried fathers include:

• Joint Legal Custody: Both parents share decision-making authority for major decisions related to the child’s upbringing.
• Primary Residential Parent: The child lives primarily with one parent, while the other parent has visitation rights.
• Parenting Time: A schedule outlining when the child spends time with each parent, which can include alternating weekends, holidays, and summer vacations.

Financial Responsibilities and Rights of Unwed Fathers

In addition to custody and visitation, unmarried fathers also have financial responsibilities and rights related to their child. Under Tennessee law (TN Code § 36-2-311), both parents are obligated to financially support their child, regardless of their marital status.

Child support is typically calculated using the Tennessee Child Support Guidelines, which take into account factors such as each parent’s income, the number of children, and the amount of time each parent spends with the child. Unmarried fathers who establish paternity and are granted visitation rights may be entitled to a reduction in their child support obligation.

Unmarried fathers also have the right to be involved in financial decisions that impact their children, such as those related to education, healthcare, and extracurricular activities. Additionally, fathers may be able to claim the child as a dependent for tax purposes if they meet certain criteria.

Protecting Your Rights as an Unmarried Father

The legal system can be challenging for unmarried fathers, especially if the mother is uncooperative or disputes your paternity or visitation rights. That’s why it’s important to be proactive in establishing and protecting your parental rights.

If you’re facing obstacles in establishing paternity, obtaining custody or visitation, or securing your financial rights, it may be necessary to seek legal intervention. This can involve filing petitions with the court, attending mediation sessions, or even going to trial.

When an Unmarried Father’s Rights Are Endangered

There are certain situations where an unmarried father’s rights may be particularly vulnerable, such as:

If the Mother Denies or Restricts Visitation

If the mother refuses to allow you to see your child or significantly limits your visitation time, you may need to file a petition with the court to enforce your visitation rights. The court can issue an order specifying a visitation schedule and penalties for non-compliance.

Relocation of the Mother and Child Out of State

Under Tennessee’s Parental Relocation Statute (TN Code § 36-6-108), a parent who wishes to relocate with the child must provide written notice to the other parent at least 60 days prior to the move. If you object to the relocation, you can file a petition with the court to prevent the move or modify the custody arrangement.

If the Mother Passes Away or Becomes Unfit

If the mother of your child passes away or becomes unfit to care for the child due to substance abuse, mental health issues, or other factors, you may be able to seek primary custody of your child. However, you’ll need to demonstrate to the court that you have established paternity and have a substantial relationship with the child.

Working with a Chattanooga Family Law Attorney

Establishing and protecting your rights as an unmarried father in Tennessee can be a long, drawn-out process. But that’s why we’re here. Our experienced family law team has helped many fathers just like you navigate the legal system and come out on top.

When you work with us, you’re not just getting a lawyer – you’re getting a partner, an advocate, and a support system. We’ll take the time to understand your situation, your goals, and your concerns. We’ll use our in-depth knowledge of Tennessee family law and fathers’ rights to craft a game plan that works for you.

Whether it’s through skilled negotiation, mediation, or fierce courtroom advocacy, we’ll fight tooth and nail to protect your rights and help you build a strong, lasting relationship with your child.

So, if you’re ready to take a stand, contact the Law Office of Sam Byrd.