How TN Child Custody Works for Unmarried Parents
When a child is born to unmarried parents, the legal process for determining custody can be more complex than for married couples. Tennessee law operates differently regarding parental rights, and unwed fathers must take specific steps to establish their rights.
Establish Paternity
Before visitation or custody can be addressed, paternity must be legally established. In Tennessee, if the parents are unmarried, the father does not have automatic legal rights to the child until paternity is confirmed. This can be done in one of two ways:
- Both parents signing a Voluntary Acknowledgment of Paternity
- Or, if paternity is disputed, through court-ordered DNA testing.
Once paternity is established, the father gains standing to seek custody and visitation.
Decision Making vs. Physical Custody for Unmarried Parents
Tennessee distinguishes between decision making authority and physical custody, both of which must be determined in child custody cases:
- Decision making refers to the right to decide about the child’s upbringing, including education, healthcare, and religious instruction.
- Physical custody refers to where the child will live day-to-day. This can be shared between both parents or granted primarily to one parent, with the other having visitation rights.
Our seasoned family law attorneys can help you navigate these legal distinctions to ensure that your parental rights are fully protected.
How Do Courts Decide Custody for Unmarried Parents?
In Tennessee, child custody decisions are based on the child’s best interests. The courts evaluate several factors to determine the most suitable arrangement.
The best interest factors include:
- The child’s emotional ties with each parent.
- Each parent’s ability to provide a stable home environment.
- The child’s relationship with siblings or extended family.
- The physical and emotional needs of the child.
- Each parent’s mental and physical health.
- Any history of abuse or neglect by either parent.
The court aims to create a custody arrangement that supports the child’s well-being. Attorney John Haines will advocate on your behalf, ensuring that your child’s best interests are at the forefront of your case.
Parenting Plans for Unmarried Parents
In Tennessee, all custody cases require a parenting plan, which outlines:
- How physical custody will be shared.
- A visitation schedule for the non-custodial parent.
- Decision-making responsibilities regarding the child’s education, healthcare, and other key issues.
Attorney John Haines can assist you in drafting a parenting plan that works for you and your child, minimizing potential conflicts down the road.
Modifying Child Custody for Unmarried Parents
In Tennessee, custody orders for unmarried parents can be modified if there has been a material change in circumstances. This could include:
- A parent relocating.
- Changes in the child’s needs.
- Evidence that the current custody arrangement is no longer in the child’s best interests.
Whether you need to modify a custody arrangement due to a move, job change, or other significant life event, our team will help you gather the necessary evidence to support your request and guide you through the legal process.
Why Work with Haines Family Law
Led by John Haines, an experienced attorney with a military background, Haines Family Law combines professionalism, strategic thinking, and a strong work ethic in every case. John is committed to offering clear, practical legal advice while prioritizing your goals and your family’s future. With transparent fees, personalized strategies, and a compassionate approach, John ensures you have the support you need to navigate even the most challenging family law matters.
Contact us today for a free 20-minute consultation.
FAQs: Child Custody for Unmarried Parents
How Can An Unmarried Father Establish Paternity?
An unmarried father can establish paternity by signing a Voluntary Acknowledgment of Paternity (VAP) or through a court order, often after a DNA test. Once paternity is established, the father can seek custody or visitation.
Can An Unmarried Parent Prevent the Other Parent From Seeing the Child?
If paternity has not been established or there is no court order in place, the mother may control the father’s access to the child. Just because a mother can do something, doesn’t necessarily mean it is a bad idea. One of the statutory best interest factors is the willingness of each parent to facilitate a parent-child relationship between the child and the other parent.
Unwed mothers who baselessly deny access to a fit and appropriate father oftentimes create facts that are detrimental to the mother in the long run. Once paternity is legally recognized, the father can seek a custody or visitation order to secure his rights.
How Is Child Support Determined for Unmarried Parents in TN?
Child support for unmarried parents is determined using the same guidelines as married parents. It is based on the income of both parents and the amount of time each parent spends with the child. While the calculations are based upon an understanding that both parents are responsible for supporting the child financially, only one parent will pay support to the other.
Can A Parent Relocate With the Child Without the Other Parent’s Consent?
In Tennessee, a parent cannot relocate with the child more than 50 miles away or out of state without providing notice to the other parent and obtaining court approval. The court will consider whether the move is in the child’s best interest before allowing the relocation.
Are You an Unmarried Parent? Contact Haines Family Law
If you are an unmarried parent facing a child custody dispute in Tennessee, don’t navigate the legal system alone. At Haines Family Law, we know what you’re going through and how to help.
Call Haines Family Law today at 865-391-8174 or contact us online to schedule a free 20-minute consultation.
