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Easter & DeVore: Knoxville Paternity Attorneys Establishing Parental Rights & Responsibilities

Paternity Attorney in Knoxville, TN

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Establishing legal paternity is a crucial step in ensuring parental rights and responsibilities in Tennessee. At Easter & DeVore, we assist both mothers and fathers in Knoxville, Tennessee, with all aspects of paternity matters, from voluntary acknowledgments to court-ordered DNA tests and legal proceedings. Whether you are a parent seeking custody, visitation rights, or child support, our experienced family lawyer is here to guide you through the process.

Paternity cases are not just about biology; they’re about establishing identity, ensuring stability, and creating a legal and emotional foundation for your child. These matters require precise legal actions as well as sensitivity to the personal relationships involved. Our firm is dedicated to providing clear and assertive guidance through the often complex legal landscape, ensuring that every step we take is taken with the child’s best interests and our clients’ parental rights in mind, guided by Tennessee law.

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    Why Paternity Matters

    Paternity establishes the legal relationship between a father and a child. For married couples, paternity is assumed by law. However, for unmarried couples, paternal custody needs to be established through a legal process before custody and visitation can be decided and child support awarded. Until paternal rights have been confirmed, biological fathers do not have the right to request visitations or decision-making authority over children.

    This legal gap leaves children vulnerable financially and emotionally as they may feel disconnected from their fathers’ side of the family. Fathers may miss out on important experiences and decisions in their children’s lives. Mothers bear the full responsibility for raising the child without the support of a partner. We work with clients to establish paternal relationships and create a recognized legal bond, including all the rights and responsibilities of parenthood.

    Establishing paternity benefits both the child and the parents. It provides the child with access to:

    • Financial support from both parents
    • Health and life insurance coverage
    • Inheritance rights
    • Social Security and veterans’ benefits
    • A complete medical history from both sides of the family

    The benefits of legally recognized paternity go far beyond this list. It gives a child a sense of identity and belonging, providing access to important family medical history that can be crucial for diagnosing genetic conditions. Additionally, it creates a legal foundation for emotional and psychological security, allowing children to build a strong relationship with their fathers without ambiguity. For parents, legally recognized paternal rights clarify roles and expectations, creating a court-enforced framework for co-parenting that can reduce conflict and promote stability for children.

    • Extremely helpful and knowledgeable. Easy to work with expert communication and got me the results I desired

      Johny


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    How to Establish Paternity in Tennessee

    There are two primary ways to establish paternity in Tennessee:

    1. Voluntary Acknowledgment: Both parents may sign a Voluntary Acknowledgment of Paternity form, typically at the hospital when the child is born. This legally recognizes the father and is filed with the Tennessee Office of Vital Records.
    2. Court-Ordered Paternity Action: If there is a dispute or uncertainty about paternity, either parent may file a petition in court. The court may order DNA testing to determine biological fatherhood. Once paternity is established, the court can proceed with orders related to custody, visitation, and child support.

    At Easter & DeVore, we assist clients with both voluntary and contested paternity cases. We make sure your rights are protected and all legal requirements are met accurately and efficiently. For fathers, this can mean ensuring a voluntary acknowledgement is filed correctly and using it to request parenting time.

    For mothers, it may involve filing a petition to request testing and establishing support. In cases where there is a dispute, we handle every aspect of litigation – from drafting and filing the initial petition, to managing genetic testing, presenting evidence in court, and advocating for our client’s position on custody and support after paternity has been established.

    Fathers’ Rights and Custody

    Once paternity has been established, fathers have the right to seek custody and visitation, just like any other parent. In Tennessee, courts take into account the best interests of the child when making decisions about custody and visitation. The courts consider the ability of both parents to provide a stable and nurturing environment for the child. It is a common misconception that mothers automatically have an advantage in custody cases.

    Tennessee’s laws are gender-neutral, and the court’s focus is on the best interests of the child. For newly established fathers, the court will consider factors such as the father’s commitment to the child, his bond with them (or efforts to establish a bond), his living situation, and his ability to provide care. We can help fathers build a strong case that demonstrates their readiness and suitability to be involved in the child’s life, whether they want to gradually introduce themselves or seek immediate shared custody.

    We help fathers who want to actively participate in their children’s lives by advocating for joint or sole custody in court, negotiating parenting plans, and supporting fair visitation schedules. Our approach is proactive and focused on the child. We work with each client to develop a strategy to establish or strengthen the father-child relationship, which can be submitted to the court if necessary.

    This may include a proposed visitation schedule, a parenting plan outlining decision-making responsibilities, proof of the father’s readiness, such as suitable housing and child care arrangements, and evidence of participation in school and other activities. We aim to ensure that parental rights translate into meaningful time and responsibility for parenting.

    • This firm is a life saver. True professionals.

      Jacob

    Child Support and Financial Obligations

    Legal paternity also establishes the obligation to provide financial support for a child. The amount of support is determined based on the Tennessee Child Support Guidelines, which take into account the income of both parents, the time spent on parenting, and the needs of the child. We assist parents in determining appropriate support amounts, filing for support orders, and changing or enforcing existing orders. The establishment of paternity and setting of child support are often intertwined.

    For a mother seeking support, our team ensures that the petition covers both issues. The calculation includes the father’s income, and retrospective support may be requested from the date of the child’s birth, subject to certain restrictions. For a father, understanding this financial responsibility is part of a holistic approach to parenting. We ensure that support orders are fair, considering accurate income figures and expected parenting time, in order to prevent an unfair financial burden.

    Learn More About Child Custody

    Contact Easter & DeVore

    If you need assistance with a paternity matter in Knoxville, TN, turn to the experienced legal team at Easter & DeVore. We are committed to helping you establish parental rights, secure child support, and build a strong foundation for your family’s future. Contact us today to schedule a consultation.

    Common Paternity FAQ

    Why is establishing legal paternity so important?

    Legal paternity is the foundation for all parental rights and responsibilities under Tennessee law. It grants a father the legal standing to seek custody or visitation and creates the mother’s right to pursue child support. For the child, it secures crucial benefits like financial support, inheritance rights, access to health insurance, and a complete family medical history.

    How is paternity established for unmarried parents in Tennessee?

    There are two main paths. The first is a Voluntary Acknowledgment of Paternity (AOP), a form both parents sign, often at the hospital. The second is a court-ordered paternity action, which is necessary if there is a dispute, uncertainty, or if one parent is uncooperative. This typically involves genetic (DNA) testing ordered by the court.

    What rights does a father have after paternity is established?

    Once legally established as the father, you have the same rights as any other legal parent. This includes the right to petition the court for custody (legal and physical) and visitation, to be involved in major life decisions for your child, and to seek enforcement of your parenting time. We help fathers assert these rights to build a meaningful relationship with their child.

    Can a mother be required to establish paternity for child support?

    Yes. To obtain a child support order, legal paternity must first be established if the parents were not married. A mother can file a petition to establish paternity and, once confirmed, request a support order based on the Tennessee Child Support Guidelines. We assist mothers in navigating this process to secure financial support for their child.

    How accurate is court-ordered DNA testing, and how is it done?

    Modern genetic testing is highly accurate, typically providing a probability of paternity at 99% or higher. The test is non-invasive, usually involving a simple cheek swab from the child, the alleged father, and sometimes the mother. The court will order testing through an accredited lab, and the results are admissible as evidence.

    What if I signed the AOP but now doubt I am the biological father?

    Signing the Voluntary Acknowledgment of Paternity is a serious legal act. However, you may have a limited time (typically 60 days from signing or the date of a related court proceeding) to rescind it or challenge it in court. After that, it becomes very difficult to overturn. It is critical to seek legal advice immediately if you have doubts.

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