Tennessee law provides distinct legal frameworks for custody and parental rights when parents are unmarried, with specific requirements that differ significantly from those for married couples. Under current statutes, mothers automatically receive full custody of children born outside of marriage until a court determines otherwise.
For fathers seeking custody or visitation rights, establishing legal paternity is a crucial first step. This can be accomplished through two primary methods: voluntarily signing a Paternity Acknowledgment or obtaining a court-ordered DNA test. Until paternity is legally established, fathers have no automatic rights to custody or visitation.
Tennessee courts prioritize the child's best interests when making custody determinations. Judges evaluate multiple factors, including parental stability, existing parent-child relationships, each parent's caregiving capacity, and any history of abuse or neglect. While courts generally prefer joint parenting arrangements that benefit the child, individual case circumstances significantly influence final decisions.
The legal process requires fathers to petition the court to establish parentage, which can be initiated in the county where the child, mother, or father resides. Once parentage is legally confirmed, fathers can request custody, visitation, and potentially be required to provide child support according to state guidelines.
Notably, simply signing a paternity acknowledgment at the child's birth does not automatically grant legal rights. A formal court order signed by a judge is necessary to establish comprehensive parental rights and determine custody arrangements.
These regulations underscore the importance of understanding legal procedures for unmarried parents seeking to define and protect their parental relationships. The complex legal landscape requires careful navigation to ensure both parents' and children's interests are appropriately represented.
