If you’re an unmarried parent, thinking about custody can feel a little scary. You want to be there for your child, but you might not know what the law allows or how to make sure your voice is heard.
Fortunately, Tennessee law does give unmarried parents rights. It works a bit differently than for married couples.
Knowing what steps to take can make a big difference in protecting your relationship with your child and giving them the stability they deserve.
Here is what you need to know about the legal rights of unmarried parents in child custody cases in Tennessee.
How to Establish Legal Parentage
In Tennessee, if a child is born to unmarried parents, the mother automatically has legal and physical custody. What does that mean? She has the primary right to make decisions about the child’s upbringing and where the child lives.
If a father wants to be legally recognized, parentage must be established before you can pursue custody or visitation.
There are two ways that you can accomplish this:
- Voluntary Acknowledgment of Paternity (VAP): This is often completed at the hospital where parents sign a document acknowledging the father’s parentage. While it does not automatically grant custody or visitation, it provides a foundation to get those rights.
- Court-ordered paternity: If there is any dispute about the father or if paternity was not established at birth, then either parent can ask the court to confirm it. This process involves a DNA test to make everything official. Once paternity is established, the father can seek custody, visitation, and have a say in important decisions for the child.
When you establish parentage, that is the first step in making sure your relationship with your child is protected. Without it, you might find yourself fighting an uphill battle.
What About Custody and Visitation Rights?
Once paternity is established, then both parents can pursue custody and visitation. In Tennessee, the law focuses on two types of custody:
- Legal custody: This is the right to make major decisions for the child, including education, healthcare, religion, and other important aspects of life.
- Physical custody: This is about where the child lives and how much time they spend with each parent.
When courts decide custody, the major principle is always centered on the child’s best interests. To reach that decision, the courts will look at several factors, including:
- The child’s relationship with each parent
- How well the child is adjusted to home, school, and community
- The mental and physical health of each parent
- Evidence of abuse, neglect, or substance misuse
- Each parent’s willingness to support a relationship with the other parent
Joint custody is possible if both parents can share decision-making responsibilities and parenting time. However, it is not automatic. The courts only make these decisions if they will benefit the child.
Child Support in These Cases
Establishing paternity is only a part of the equation. Custody is another matter. Both parents are responsible for financially supporting their child. Tennessee law uses specific guidelines to calculate child support. Judges will be looking at:
- Income
- Parenting time
- The child’s needs
Even if one parent does not have physical custody, they may still need to contribute financially. On the other hand, a parent with primary custody may be entitled to child support payments from the other parent.
Protecting Your Rights
The best way to protect your parental rights is to be proactive. You want to start by establishing paternity as soon as you can. Yes, it might feel like a lot of paperwork, but the sooner it is official, the sooner you can have a voice in custody or visitation decisions.
Along with that, you don’t want to be afraid to reach out for legal guidance. Tennessee paternity law can be confusing. When you have an attorney who knows the ropes, that can make a huge difference.
Courts also look favorably on parents who encourage a healthy relationship with the other parent. With that in mind, you want to make an effort to co-parent.
And finally, keep a record of interactions, conversations, and any issues that pop up. It might feel tedious, but having documentation can be a lifesaver if disagreements happen.
Find the Legal Help You Need for Your Child Custody Case
Now that you know the legal rights of unmarried parents in child custody cases in Tennessee, you can take action. Child custody issues are never easy. But now, you have the information, guidance, and an understanding of your legal standing. And that can make the process more manageable.
Whether you need to enforce your rights or must establish paternity, we are ready to help. At Easter & DeVore, Attorneys at Law, we’re here to help navigate through these complicated family law matters. Schedule your consultation today.
