In Tennessee, custody laws for unmarried parents differ slightly from those for married parents.
Initial Custody Determination
- Mother’s Automatic Custody: If parents are unmarried at the time of a child’s birth, the mother automatically has full custody until a court orders otherwise.
- Father’s Rights: The father must establish paternity before he can seek custody or visitation rights. This can be done voluntarily (signing a Voluntary Acknowledgment of Paternity) or through a court-ordered DNA test.
Establishing Paternity
- Paternity can be established through:
- The Voluntary Acknowledgment of Paternity (VAP) signed at birth.
- A court order if the mother disputes paternity.
- Once paternity is established, the father can petition for custody, visitation, or child support.
Custody and Parenting Plans
- Tennessee courts decide custody based on the best interests of the child (Tennessee Code § 36-6-106).
- Factors considered include:
- Stability of each parent
- Parent-child relationship
- Each parent’s ability to care for the child
- Any history of abuse or neglect
- The court typically favors joint parenting if it benefits the child.
Child Support
- Even if the father does not have custody, he may still be required to pay child support based on Tennessee’s child support guidelines.
Modifying Custody Orders
- A custody order can be modified if there is a material change in circumstances, such as relocation, neglect, or changes in the child’s needs.
You can learn more @ https://www.laet.org/
CUSTODY RIGHTS BETWEEN UNMARRIED PERSONS
Custody of minor children can exist in two specific ways. Legal custody determines who has the right to make important decisions regarding a child (i.e. education, health, religion, etc.). Physical custody determines who has a child the majority of the time.
IMPORTANT: Custody laws are different for children who are born to unmarried persons and children who are born to married persons.
If parents are married, the husband is considered to be the father of the children born during the marriage. BOTH parents have equal rights and access to children if there is no custody order that states otherwise. If parents are not married, it is important that parentage be legally established. The father has no legal rights, even if mother and father are living together.
If a child is born to unmarried persons and there is no COURT ORDER identifying a father, Tennessee law states that the mother automatically has both legal and physical custody of the child. In order for a potential father to have any custody/visitation rights to a child, there MUST be a COURT ORDER. The court order must be signed by a judge. This is known as establishment of parentage. This can be done with a DNA test or an acknowledgement of parentage signed by a potential father. Either way, a judge’s signature on an order is required.
Signing an acknowledgement of paternity at the hospital is not proof of parentage and does not give any rights to the potential father. It is important to note that it is possible for a potential is not listed on the child’s birth certificate.
If there is a custody or visitation dispute between the mother and the potential father, and there is no court order in place, law enforcement may assist the mother in retrieving or keeping the child.
ESTABLISHING PARENTAGE
Parentage can be established by either the mother or the potential father. Either parent can file a petition to establish parentage and that parent does not need the permission of the other to file this petition. The petition needs to be filed in a court in the county where either the child, mother, or father live. Once filed, the court will require either a DNA test or a voluntary acknowledgement of parentage by a potential father. In some cases, if the father refuses to participate, the judge may allow you to testify regarding parentage.
Once this requirement has been met, the court will sign an order declaring a potential father to be the actual father. At that point, a father will be able to ask the court for custody or visitation rights with the child. (If there has been a history of abusive or violent behavior by either parent, that parent may be granted supervised visitation only, or none at all, depending upon the level of danger.) Thereafter, the court will determine who has legal custody and who has physical custody of the child.
The court then will decide which parent will have legal custody and physical custody. The court will also set the visitation schedule for both parents. Decisions regarding legal custody, physical custody, and visitation will be made on a case by case basis at the sole discretion of the judge.
Once parentage has been established, the court can then order the payment of child support. The court can also order that a minor child’s last name be changed to that of the father. (If there is difficulty receiving court-ordered child support, contact the Child Support Enforcement Office in your county.)
Or, if parentage is acknowledged at the hospital when the child is born, both parents complete a legal form called the Voluntary Acknowledgment of Parentage. This places the father’s name on the child’s original birth certificate, but the father does not have legal visitation rights. A COURT ORDER is still needed if there is a dispute.
SOURCE: https://www.laet.org/custody-rights-for-unmarried-parents/