Do unwed Fathers have rights to their children?
In Tennessee, if you are an unmarried father who has signed your child’s birth certificate, it’s important to understand that this action alone does not grant you legal parental rights. To obtain custody, visitation, or decision-making authority, you must take additional legal steps to establish paternity and seek court orders.
Understanding Your Legal Standing
When a child is born to unmarried parents in Tennessee, the mother automatically has sole legal and physical custody. Even if your name appears on the birth certificate, you do not have legal rights to custody or visitation until paternity is legally established through the court system.
Steps to Establish Paternity and Parental Rights
Voluntary Acknowledgment of Paternity (VAoP): You and the child’s mother can sign a VAoP form, typically available at the hospital at the time of birth. This form must be notarized and submitted to the Tennessee Office of Vital Records. While this acknowledges paternity, it does not automatically grant custody or visitation rights.
Petitioning the Court: To gain legal rights, you must file a petition in juvenile or family court to establish paternity. The court may order genetic testing to confirm biological parentage. Once paternity is established, you can request custody or visitation rights.
Court’s Best Interest Standard: The court will consider various factors to determine custody and visitation arrangements, focusing on the child’s best interests. These factors include the child’s relationship with each parent, the stability of each home environment, and each parent’s ability to provide for the child’s needs.
Child’s Surname Considerations
In Tennessee, if the parents are unmarried, the child’s surname on the birth certificate defaults to the mother’s surname unless both parents agree otherwise. If you wish to change the child’s surname to yours, you must petition the court and demonstrate that the change is in the child’s best interest.
Importance of Legal Counsel
Navigating the legal process to establish paternity and parental rights can be complex. Please give Whitney Raque a call and we will help guide you through this process 615-848-9090
Whitney@atennesseelawyer.com
**THIS IS NOT LEGAL ADVICE. The information provided in the blog is for general informational purposes only and does not constitute legal advice. The content is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. You should not act upon any information contained in this blog without seeking professional legal counsel. While we strive to ensure accuracy, we make no guarantees as to the completeness, reliability, or timeliness of the information presented.**
