Knoxville Paternity Attorney
Paternity cases can feel overwhelming, but Haines Family Law is here to provide a straightforward path and practical solutions. Whether establishing paternity voluntarily or facing a dispute, we offer personalized legal strategies to protect you and ensure a fair outcome.
Lawyer John Haines is an experienced family law attorney in Knoxville, TN, who understands the intricacies of Tennessee paternity law. Our firm is committed to helping you secure the best possible outcome through voluntary acknowledgment or court intervention.
Tennessee Laws About Paternity
Paternity establishes the legal father-child relationship, essential for securing parental rights like child custody and visitation, and responsibilities like child support. In Tennessee, paternity can be established voluntarily or through court-ordered DNA testing.
If paternity is not legally recognized, a father has no legal right to custody or visitation, even if he has a biological connection to the child. It’s crucial to take legal steps to establish paternity if you want to secure your parental rights. If you are a father and are not married to the mother, it is imperative that you legally establish your paternity – even if you and the mother get along.
Paternity Affects Custody & Child Support
When paternity is established, the father gains the legal right to pursue custody or visitation and is responsible for contributing to the child’s financial needs.
In Tennessee, if paternity is not established, an unmarried father has no legal rights to custody or visitation, regardless of his biological relationship with the child. This makes it crucial to take legal steps to establish paternity and secure your paternal rights. A father who has not established his parental rights and by extension received court-ordered parenting time through a permanent parenting plan is nonetheless obligated to pay child support.
Establishing Paternity in TN
In Tennessee, paternity can be established through different processes. Haines Family Law is here to guide you through each option and protect your rights.
Voluntary Acknowledgment of Paternity (VAP)
A VAP is a simple process in which both parents voluntarily agree to acknowledge paternity. It’s often signed at the hospital at the time of birth. Once filed with the Tennessee Department of Health, while the VAP does not legally grant the father rights to custody or visitation, it does provide legal standing to petition the court for those rights. A father who has executed a VAP is legally obligated to pay child support, regardless of whether that father is exercising any parenting time.
Court-Ordered Paternity
If paternity is disputed, the court may order a DNA test to determine the biological father. Once the court establishes paternity, the father gains full legal rights, including custody or visitation that is in the child’s best interest. Often times, a paternity proceeding will also have the effect of establishing or modifying child support.
Challenging Paternity in Tennessee
In some cases, a man may need to contest paternity. You can challenge paternity through legal proceedings if you’ve been incorrectly identified as the father. Tennessee law allows for paternity challenges, but must be made within certain time limits.
Rights & Responsibilities of Fathers in TN
Establishing paternity is the first step in securing your rights as a father. Once paternity is recognized, fathers can pursue custody or visitation rights and are responsible for financially supporting the child.
Legal vs. Biological Paternity
In Tennessee, establishing legal paternity does not always coincide with biological paternity. Legal paternity grants the father custody and visitation rights. Even if a man is a biological father, he must legally establish paternity to be involved in custody decisions.
Unmarried Fathers’ Rights
Unmarried fathers in Tennessee must establish legal paternity to secure parental rights. Signing the birth certificate alone is not enough. Once paternity is confirmed, you have the same rights as married fathers, including the right to custody and visitation.
Parental Rights After Establishing Paternity
Once paternity is established, fathers can petition the court for custody or visitation – often this takes the form of a single Petition which requests the entry of an order of parentage and establishment of a permanent parenting plan. Tennessee courts prioritize the child’s best interests, often including maintaining a relationship with both parents. However, fathers must take proactive legal steps to ensure they are granted custody or visitation, and a family law attorney can help create a strong case for these rights.
The Legal Consequences of Establishing Paternity
One of the most significant outcomes of establishing paternity is ensuring a legal right to the visitation and custody of a child for a father beyond merely the financial responsibility of child support. Tennessee courts calculate child support based on the father’s income, the child’s needs, and the custodial arrangement. It is not uncommon for fathers without legally established paternity to nonetheless be obligated to pay child support through a valid support order.
Parental Responsibilities Beyond Financial Support
Establishing paternity also means that fathers are included in making important decisions about their child’s upbringing. These include decisions about healthcare, education, and religious upbringing. By legally acknowledging your role as a father, you can ensure that you are involved in these critical aspects of your child’s life.
Why You Need a Lawyer to Establish Paternity
Establishing paternity is not always straightforward. Whether you’re seeking to establish your rights as a father or are facing a paternity dispute, working with an experienced family law attorney like John Haines can make all the difference.
With his extensive knowledge of Tennessee paternity laws, John can guide you through the process and protect your rights.
Avoid Costly Legal Mistakes
You could make mistakes that impact your parental rights or financial obligations without legal guidance. For example, signing a VAP without fully understanding its consequences could limit your ability to challenge paternity later. A knowledgeable attorney can help you avoid these costly errors and ensure your paternity case is handled correctly.
Ensure Fair Arrangements
Once paternity is established, the next step is often securing custody or visitation rights. Courts consider several factors when determining custody, including the relationship between the parent and child. John Haines can help you present a strong case for fair custody and support arrangements that prioritize your child’s best interests.
Haines Family Law Can Help with Paternity Cases
At Haines Family Law, we understand that every family’s situation is unique. Attorney John Haines brings extensive experience handling paternity cases in Knoxville and across Tennessee. He is dedicated to helping fathers, mothers, and children navigate the often complex processes surrounding paternity, using his deep understanding of Tennessee’s family law system to provide clear, personalized legal strategies.
Whether you are establishing or challenging paternity, John Haines works closely with clients to advocate for their rights and secure the best possible outcome for their case. His commitment to personalized representation ensures that each client’s needs are met.
Contact us today for a free 20-minute consultation with a Knoxville divorce lawyer.
Hear What Our Clients Have to Say
John was an excellent attorney to have in my corner. His advice was phenomenal and invaluable to me through my divorce. With his help, I knew I was in good hands. Thank you for your time and assistance!
Adam B.
Frequently Asked Questions About Paternity in TN
How long does it take to establish paternity in Tennessee?
The timeframe for establishing paternity varies depending on whether it is contested. If both parents agree, paternity can be established quickly through a joint petition and agreed permanent parenting plan. Contested paternity cases can take many months to resolve.
What if the mother does not agree to a paternity test?
If the child’s mother does not agree to a paternity test, the father can petition the court to order a test. Courts in Tennessee can mandate DNA testing if paternity is in dispute.
Can paternity be established after the child is born?
Yes, paternity can be established at any time after the child is born, either through a VAP or a court order.
Can I seek to establish paternity before the child is born?
Yes, a petition to establish paternity can be filed before a child is born, but most of the proceeding may be stayed upon request, with the exception of things like depositions to preserve testimony or scheduling an in-utero paternity test.
What happens if paternity is not established?
If paternity is not established, the father has no legal right to custody of the child, which means he cannot seek custody or visitation. He may, however, still be required to pay child support.
Need Help with a Paternity Claim? Contact Haines Family Law
No two families are alike, but at Haines Family Law, we apply reliable legal frameworks to provide solutions in your case. If you need help establishing or navigating a paternity dispute, Haines Family Law is here to assist you.
Call today at 865-391-8174 or fill out our contact form for a free 20-minute consult. We’ve seen it all before and are ready to help you get your life back on track.