If you are an unmarried parent in Tennessee, custody can be a contentious issue. There is a lot of misinformation out there. Unfortunately, the legal system does not always explain the process. This can add to stress in a situation, especially when emotions are already running high.
Here is a look at what you need to know about Tennessee child custody laws for unmarried parents.
Who Has Custody When There’s No Court Order?
In Tennessee, when a child is born to unmarried parents, the mother is automatically considered the child’s legal custodian at birth. That means she has full decision-making authority. This happens unless and until a court says otherwise.
That does not mean the father has no rights. In these cases, those rights have not been legally established.
Without a court order, the father does not have enforceable custody or visitation rights. This can happen even if he’s actively involved in the child’s life.
Establishing Paternity
Before a father gets custody or visitation in Tennessee, his paternity must be legally established. This happens in a few ways:
- Signing a Voluntary Acknowledgment of Paternity
- Going through a court process that includes DNA testing
Once paternity is established, the father has the legal standing to ask the court for parenting time or decision-making rights.
How Do Tennessee Courts Decide Custody?
The state courts do not use the term “custody” as they did in the past. Now they focus on creating a parenting plan with two parts:
- Primary Residential Parent (PRP): The parent the child lives with most of the time
- Parenting Time Schedule: How time is shared between both parents
Remember that the courts always focus on the “best interests of the child.” This includes:
- Each parent’s relationship with the child
- Stability of each home environment
- Willingness to co-parent
- Work schedules and availability
- Any history of abuse or neglect
Once paternity has been established, there is no automatic preference for mothers or fathers. The court will look at the full picture.
What To Do About Child Support?
Once custody and parenting time are established, child support is the next focus. In Tennessee, the courts use a formula that considers:
- Both parents’ incomes
- The amount of time each parent spends with the child
- Certain expenses like healthcare and childcare
Sometimes, even if parents share time evenly, one parent may still be required to pay support depending on the financial breakdown.
Can Parents Make an Agreement without Court Involvement?
In many cases, the answer is yes. Unmarried parents can work together to create a parenting plan. They will need to submit it to the court for approval.
As long as the agreement serves the child’s best interests, judges will approve it.
You will want to have a legally binding order in place. While informal agreements can work, a court-approved plan gives both parents clarity and protection.
What About Disagreements?
If parents cannot agree, the court will step in and make decisions. Many times, they want to involve mediation as a first step. If that does not work, then there could be a hearing where each parent presents their case.
This is not always a quick process. However, the goal is to create a stable, workable arrangement for the child. It is not a “pick a winner” contest between parents.
What Unmarried Parents Need to Know
For many fathers, they need to know that being involved in a child’s life does not automatically create legal rights. Until paternity is established and a court order is in place, those rights are not enforceable.
For mothers, co-parenting can be difficult throughout the legal process, especially if communication is already strained.
Legal Help Is Available for Unmarried Parents
Tennessee child custody laws for unmarried parents always focus on what’s best for the child, not the parents.
Parents need to establish paternity, create a parenting plan, and get a legal structure in place so everyone understands their rights and responsibilities.
This is not always an easy process, but Easter & DeVore, Attorneys at Law, are ready to help. We can help find options that put your child’s best interests at heart. Schedule a consultation today.
