Tennessee fathers’ rights lawyer

Fathers’ Rights in Tennessee

Asserting a father’s rights to paternity, custody, and visitation for 35 years

Children need both parents, fathers and mothers, in their lives. Tennessee generally recognizes that married fathers have paternity rights for their children. Unmarried fathers need to take steps to confirm or disaffirm their paternity, usually through DNA testing. Generally, once paternity is established, fathers should have the same rights and responsibilities to custody and visitation of their children as mothers.

The Law Offices of Adrian H. Altshuler & Associates help fathers establish legal and physical custody, parenting plans, and child support orders. We also help fathers resolve custody rights when either parent wants to relocate or when there is a change in circumstances that justifies changes in custody orders and parenting plans. We help fathers obtain the court orders they need to be involved with their children from birth through adulthood.

How can we help?

Do married fathers have parenting rights in Tennessee?

Tennessee automatically recognizes the paternity rights of fathers. Tenn. Code § 36-2-304. Certain conditions and exceptions may apply.

Do unmarried fathers have parenting rights in Tennessee?

Tennessee establishes that custody of children born out of wedlock is with the mother. TCA § 36-2-303. Unmarried fathers do not have custody rights until they establish their paternity and obtain a custody order.

How does Tennessee confirm paternity?

According to the state of Tennessee, paternity can be established in the following ways:

  • Voluntary Acknowledgement of Paternity. Both parents must complete a legal form called the Voluntary Acknowledgement of Paternity (VAoP). Both must sign the VAoP before a notary public. This form can be signed at the hospital where the child is born or later.
  • A court order, such as when either parent has filed a child support claim with their local Child Support Office and the Child Support Office seeks a formal court order.
  • DNA testing. The father, mother, or a local Child Support Office can request a DNA test. TCA § 24-7-112. The results can then be used to establish legal paternity through a VAoP or court order.
  • A juvenile court petition. The respondent generally must answer or appear within 30 days after being served with the petition. TCA § 36-2-301 through § 36-2-322.

Once paternity is established, fathers in Tennessee can file a petition for custody. Fathers will not have any physical or legal custody rights until there is a court order.

Fathers should focus on the best interests of their children at all times.

Why should fathers establish paternity?

There are three core reasons to establish paternity.

  • Identity. Children should know who their father is. Parents should know who is responsible for loving and caring for their children.
  • Medical. Paternity may mean your children are eligible for health insurance through the father’s health insurance. Paternity also helps children address any medical disorders that may be inherited from a father.
  • Financial. Children may be eligible for certain rights if paternity is established, such as child support, Social Security, veterans benefits, life insurance, and the right to an inheritance.

If a DNA test shows that a man is not the biological father, he may need to take legal steps to disestablish paternity before his rights or obligations end.

What are the different types of custody in Tennessee?

In Tennessee, there are two main types of child custody (Tenn. Code Ann. § 36-6-101) – legal custody and physical custody. These types of custody can be joint, or one parent can have sole custody (legal and/or physical).

  • Legal custody. This type of custody determines the rights of fathers and mothers to make decisions about a child’s schooling, health, and religion.
  • Physical custody. This type of custody determines where children live every day of the year, who makes the day-to-day decisions about raising and disciplining children, and provides for the child’s essential needs, such as food and clothing.

Tennessee usually designates one parent as the Primary Residential Parent and the other as the Alternate Residential Parent. The parent (father or mother) that the child spends the majority of days with each year is the Primary Residential Parent.

A father or mother, in some situations, can obtain full custody of their child.

What factors determine custody in Tennessee?

TCA § 36-6-106 sets forth 18 factors that help determine legal and physical custody. Our Tennessee fathers’ rights lawyer will explain which factors fathers should prioritize. Some of these 18 factors include:

  • The strength, nature, and stability of the child's relationship with each parent
  • The willingness and ability of each parent to foster and encourage the child’s relationship with the other parent
  • The ability of each parent to provide for the needs of the child, including food, clothing, education, and medical care
  • The emotional needs and developmental level of the child
  • The child’s relationships with siblings, step-relatives, other relatives, mentors, school, and other activities
  • The importance of continuity and creating a stable environment
  • The employment schedules of the father and mother
  • Whether a parent has failed to pay court-ordered child support
  • Other factors

All factors are reviewed based on the best interests of your children.

What is a parenting plan?

Custody and legal separation orders must include a parenting plan. TCA § 36-6-404. Parenting plans:

  • Determine which parent is the primary residential parent
  • Where the child lives every day of the year, including holidays, birthdays, summer vacations, and school breaks
  • How the child is exchanged
  • Establishes the responsibilities of the father and mother
  • Establishes the methods of communication between parents and children
  • Reduces parental conflict
  • Has other statutory requirements

Is there any custody presumption in favor of mothers in Tennessee?

Tenn. Code Ann. § 36-6-101(d) provides that Tennessee courts should not favor mothers or fathers when determining custody. The core criterion is what is in the child’s best interests.

Except for the initial custody rule for children born out of wedlock, there is no preference for a mother based on gender.

Current Tennessee law does not create a presumption that both father and mother should have 50/50 custody rights. Courts determine parenting time based on the child’s best interests and the statutory custody factors. Contested custody orders generally must include written findings supporting the custody determination.

What duty do fathers have to pay child support in Tennessee?

Once paternity is established, fathers and mothers have a duty to provide child support. The amount of child support is generally based on the income of each parent, the number of children who require child support (from all relationships of the mother and father), how many days the child stays with each parent, and any special needs of the child.

Generally, the county courts in Tennessee honor out-of-state paternity orders as well as Tennessee paternity orders.

FAQs about fathers’ rights in Tennessee

Can child custody orders and parenting plans be modified?

A father or mother can request modifications to a current permanent parenting plan based on a material change in circumstances if the modification is in the child’s best interests. TCA § 36-6-101(a)(2)(B)-(C); see also TCA § 36-6-405.

Reasons to modify a child custody order/permanent parenting plan include:

  • A parent’s failure to comply with the current order/plan
  • A change in the health, education, or developmental needs of the child
  • A change in living conditions or work schedules
  • New concerns about the fitness of a parent
  • A child’s preference once they turn 12 years of age
  • New evidence of abuse or neglect

How does a father enforce a parenting plan if the mother isn’t complying with the plan?

If a mother is not complying with a child custody order or parenting plan, our Tennessee fathers’ rights attorney will work to negotiate a solution with the mother’s family lawyer and/or file a petition for contempt with the local county court.

After a hearing, a judge could authorize:

  • Changes to the custody order/parenting plan
  • Order mediation to resolve the dispute
  • Involve law enforcement, such as if a mother denies access to a child
  • Adjust the amount of parenting time in the father’s favor
  • Order mandatory parental counseling
  • Other conditions, depending on the circumstances

How does remarrying affect a father’s rights?

Parenting plans should not change if a father remarries unless there is a material change in circumstances. Material changes could include relocation and safety concerns. We can review your circumstances. If there is a material change, we may seek to modify the court order or parenting plan. Also, we may contest any rights to alter your custody order or parenting plan that the mother may assert.

Stepparents do not automatically have any parental rights.

Can fathers relocate and still retain custody in Tennessee?

TCA § 36-6-108 establishes how requests for relocation are handled in Tennessee.

If a father or mother wants to move to another state or country, or more than 50 miles from the other parent, there are specific requirements they must meet, starting with sending a notice at least 60 days in advance by registered or certified mail.

We can explain what information the notice must contain, negotiate a new parenting plan where possible, or argue your rights before a local family law judge. New plans or orders must set forth with clarity the terms of any plan and how the plan will be enforced.

In some cases, the family judge may deny the request.

Do children have a say in custody disputes between mothers and fathers?

Generally, children can express a non-binding preference once they reach the age of 12.

Do you have a Tennessee fathers’ rights lawyer near me?

Yes. We meet new clients at the following locations:

Our Franklin, TN fathers’ rights lawyers also discuss cases by phone and via online video platforms.

We help fathers have an active role in every aspect of their children’s lives.

Contact our Tennessee fathers’ rights attorney today

We help fathers love, protect, and care for their children. Adrian H. Altshuler & Associates will explain your rights and assert them in court and through alternative dispute resolution methods. Call The Law Offices of Adrian H. Altshuler & Associates or fill out our contact form to schedule a free initial consultation. We fight for your right to be in your child’s future.