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How Does Paternity Affect Custody Rights?
One of the biggest misconceptions is that courts always favor mothers regarding custody. While it’s true that mothers have historically been more likely to receive primary custody, modern family courts are increasingly focused on what’s best for the child, which often includes the involvement of both parents.
For fathers, everything starts with paternity. Once paternity is legally established, a father can petition for custody. Joint custody allows parents to share significant decisions about the child’s life. Physical custody or parenting time determines how much time the child spends with each parent.
Courts look at several factors when deciding custody arrangements, including each parent’s relationship with the child, the ability to provide a stable home, the mental and physical health of each parent, and any history of abuse or neglect. While paternity doesn’t automatically guarantee custody, it allows a father to make a case for it.
What Does Legal Paternity Mean in Tennessee?
In Tennessee, paternity refers to legally recognizing a man as a child’s father. This legal status is crucial because it establishes a biological connection and the rights and responsibilities that come with fatherhood. Without legal paternity, a man has no enforceable rights to custody, visitation, or input in important decisions affecting the child’s life. He cannot be held legally responsible for child support.
Paternity can be established in several ways under Tennessee law. It may be presumed if the parents are married at the time of the child’s birth. Paternity can be voluntarily acknowledged through a signed form, usually at the hospital or later with the Department of Human Services. It can also be determined by a court, often after genetic testing. Until paternity is legally confirmed, the father has no standing in family court matters involving the child. A biological father has no legal rights in Tennessee until one of these steps is taken. That means no say in how the child is raised, no right to see the child and no way to prevent the child from being adopted or moved without his consent.
How Does Paternity Affect Child Support?
When paternity is confirmed, the law recognizes the man as a legal parent with the duty to support the child financially. If the child’s mother applies for government assistance, the state may initiate a paternity action to identify the father and recover support costs. Once paternity is established, the court can order monthly child support based on the father’s income, the mother’s income, and the child’s needs. Support obligations are calculated using state guidelines, which consider income, healthcare costs, daycare expenses, and other financial considerations.
Child support and custody are separate issues. A father can be ordered to pay support even if he isn’t granted visitation rights. Conversely, a father granted custody or visitation still has to pay support unless the court adjusts or terminates the obligation.
What Is the Process of Establishing Paternity?
If you’re a father who wants to establish paternity or a mother seeking support, the process varies depending on your situation.
Voluntary Acknowledgment
This is the most straightforward route. When both parents agree on who the father is, they can sign a voluntary acknowledgment of paternity, usually at the hospital after birth. This form is filed with the state and legally recognizes the man as the father.
Court-Ordered Paternity
If there’s a dispute, either parent or the state can file a paternity petition in family court. The judge may order genetic testing, which is usually 99% accurate or higher. Once the court confirms paternity, it issues an order that may include child support, custody, or both.
When Should Fathers Establish Paternity?
If you’re a father and you’re not married to the child’s mother, it’s a good idea to establish paternity as soon as possible. You will need paternity if you want legal custody or visitation rights, you want to have a say in important decisions about the child’s life, or you want to make sure your child can inherit from you or access benefits like Social Security, veterans’ benefits, or health insurance. Without legal paternity, none of that is guaranteed.
What If You Were Told You’re the Father, but You’re Not?
Sometimes, men are listed as the father on a birth certificate or sign a Voluntary Acknowledgment of Paternity under pressure, only to find out later they may not be the biological father. If this happens, act quickly. Tennessee allows a limited window to rescind a voluntary acknowledgment or longer if fraud or mistake is involved. Once legal paternity is established, it can be difficult to undo, especially if the child has come to rely on you as a father figure.
Protecting Your Rights as a Father in Tennessee
If you’re an unmarried father in Tennessee, establish paternity as soon as possible; don’t wait. Once paternity is confirmed, file for custody or visitation; don’t assume rights will just be granted. Keep records of your involvement, such as texts, photos, attendance at appointments, etc. Be sure to follow all court orders, especially child support-related ones. Consider hiring a family law attorney if your case involves complications, disputes, or delays.
Fight for Your Rights as a Father – Law Office of Hibbeler & Associates Is Here to Help
Are you a father in Tennessee looking to establish paternity, gain custody, or understand your child support obligations? Whether you are fighting to be in your child’s life or navigating a complicated family law situation, you don’t have to do it alone. Law Office of Hibbeler & Associates helps fathers take control of their parental rights. From filing for paternity and securing visitation to negotiating fair child support, we’ll fight for you with compassion, clarity, and proven results. Contact us at 931-236-2711 for a free 30-minute case evaluation.
