What are the unmarried fathers’ rights in Tennessee?
In Tennessee, unmarried fathers have legal rights to their children, but they must take specific steps to establish and enforce those rights.
Below is a breakdown of key aspects of unmarried fathers’ rights in Tennessee:
Establishing Paternity
- Voluntary Acknowledgment: If both parents agree, they can sign a Voluntary Acknowledgment of Paternity (VAP) at the hospital or later through the Tennessee Department of Health.
- Court-Ordered Paternity Test: If paternity is disputed, a father can petition the court for a DNA test to establish legal paternity.
- Birth Certificate: Even if a father’s name is on the birth certificate, he does not automatically have custody or visitation rights.
Custody & Visitation Rights
- Presumption of Sole Custody to the Mother: In Tennessee, the mother has sole custody of a child born out of wedlock until the father establishes his rights through court action.
- Petition for Custody or Visitation: An unmarried father must file a petition in family court to seek custody or visitation. Courts determine custody based on the child’s best interests.
- Joint Custody Possibility: If the court finds that shared custody is in the child’s best interests, the father may receive joint custody or a structured parenting plan.
Child Support Obligations
- Financial Responsibility: Once paternity is established, a father is legally required to provide financial support for the child.
- Support Calculations: Child support is calculated based on both parents’ incomes and Tennessee’s child support guidelines.
- Right to Modify Support: If financial circumstances change, fathers can petition to modify child support payments.
Fathers’ Rights to Decision-Making
- Legal Custody Rights: If granted custody or joint custody, fathers can participate in major decisions about the child’s education, medical care, and upbringing.
- Parental Alienation Concerns: If a mother interferes with visitation or decision-making, the father can petition the court to enforce his rights.
Grandparents’ Rights & Extended Family Involvement
- Grandparents’ Visitation: If an unmarried father has limited custody, the child’s grandparents may seek visitation rights under Tennessee law.
Relocation Issues
- Moving Out of State: If a father has court-ordered parenting time, the mother must follow Tennessee’s parental relocation laws before moving the child out of state.
Can an Unmarried Father Get Full Custody?
Yes, if the court determines that the mother is unfit or that full custody with the father is in the child’s best interests. Factors such as the mother’s inability to care for the child, substance abuse, or neglect can impact the custody decision.
How to Protect Your Rights as an Unmarried Father
- Establish paternity as soon as possible
- File for custody or visitation rights through the court
- Keep records of all interactions with the child and mother
- Pay child support as required by law
- Hire a family law attorney if legal action is needed
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