If you are a single father who has never been married to your child’s mother, the legal landscape looks different from that of married or divorced dads. What rights do single fathers have in Tennessee, and how can a Hendersonville child custody lawyer help you exercise those rights?
When a child is born to unmarried parents in this state, the mother is automatically vested with legal and physical custody. Even if your name is on the birth certificate, this remains the case until a court order says otherwise. You do not have visitation or decision-making authority. Yet unmarried fathers in Tennessee often have to deal with the same issues that divorced fathers face.
You will need to take specific steps to be recognized as your child’s legal father and secure your place in your child’s future. A Hendersonville child custody attorney can offer you personalized legal advice and lead you through the complicated Tennessee family court system.
What’s the Legal Starting Point for Unmarried Fathers?
In Tennessee, being a biological father does not make you a legal father. Until you establish legal paternity, you have no enforceable rights to see your child or participate in raising your child. Under Tennessee law, the mother of a child born out of wedlock has the primary right to custody.
If you do not obtain a court order recognizing you as your child’s legal father, the mother could legally move away or refuse to allow you time with the child. This is why establishing paternity is the first step for a single father. Tennessee law provides two ways to establish paternity:
- You may sign a Voluntary Acknowledgment of Paternity (VAO) at the hospital when the child is born. It puts your name on the birth certificate but does not give you custody or visitation rights. Rather, it gives you standing to ask a Tennessee court for those rights.
- You may file a Petition to Establish Paternity with the court if there is a paternity dispute or if the mother refuses to sign the VAO. A court may order DNA testing to verify paternity.
How Do You Obtain Custody Rights?
After the court determines the identity of the biological father, it can issue a paternity order declaring the biological father to be the legal father. You may then petition the court for custody or “parental responsibility.”
Tennessee courts no longer use the term “custody” in the traditional sense; instead, they focus on the “Primary Residential Parent” (PRP) and the “Alternative Residential Parent” (ARP). To avoid a contentious courtroom battle, parents should be willing to compromise.
If they reach a voluntary custody agreement, it is submitted to the court for approval. If a child custody lawyer prepares the agreement and it serves the child’s best interests, the court will usually approve it. But if a compromise is not possible, a custody hearing may be required.
What is a Parenting Plan and What Should It Include?
To seek legal custody of your child, you must submit a proposed parenting plan to the court. A Hendersonville child custody lawyer can help you prepare a parenting plan, which should include:
- Where the child will live during the week and on weekends.
- A detailed holiday and summer vacation schedule.
- How major decisions regarding education, healthcare, and religion will be made.
- How the parents will transport the child between residences.
The child’s best interests are a Tennessee court’s highest priority in custody cases, and judges consider several factors in deciding what is best, including the emotional ties between the parents and the child, a parent’s ability to provide food and medical care, and the child’s stability.
What Obstacles Can Single Fathers Expect?
Under Tennessee law, gender should not be a factor in child custody determinations. But because the mother starts with legal custody by default, fathers often feel they are playing catch-up. Presenting evidence of your involvement with your child to the court is vital.
If you have been paying for diapers, attending doctor appointments, or keeping a consistent visitation schedule, keep records of these activities. The court wants to see that you are a steady, reliable presence in your child’s life.
Create a stable, secure home for your child, and show the court that you are willing to work with your child’s mother. Know your child’s interests and activities, develop a practical parenting plan, and ensure you have access to trustworthy, reliable childcare.
What Should Unmarried Fathers Know About Child Support?
Your rights as a father often entail a legal obligation to pay child support. Tennessee courts determine child support amounts using the Tennessee Income Shares Model, which calculates each parent’s gross income and the number of days the child lives with each parent.
Paying child support does not grant automatic visitation rights. These are two separate legal issues, and each case is unique. The court could order you to pay support with no right to see your child, or you could have visitation rights even if you’re behind on child support payments.
For a father looking to gain custody, being proactive about your financial obligations shows the court you are serious about your parental responsibilities.
What Should You Know About the Sumner County Courts?
Sumner County custody cases are usually heard in the Sumner County Juvenile Court or Circuit Court in Gallatin. The paperwork in these cases is extensive, and mistakes can lead to delays that keep you away from your child. You’ll need help from a Hendersonville child custody attorney.
Garner Law Firm represents unmarried fathers and other clients throughout Sumner County. If you are planning or anticipating divorce, seeking custody of your child, or needing child support payments, we will negotiate on your behalf or go to court if necessary.
The family law attorneys at Garner Law Firm bring their extensive training and considerable experience to every case and client. Call Garner Law Firm at 615-502-4336 to schedule a confidential, free legal consultation and receive the personalized family law advice you need.
