Families come in all shapes and sizes, and it’s increasingly common for children to be born to parents who are not married. In fact, the number of children born to unmarried parents has risen dramatically over the past several decades. While unmarried parents have the same fundamental rights to parenthood and child custody as married couples, there is one critical first step: establishing paternity.
What Is Paternity and Why Does It Matter?
Paternity simply means fatherhood. In the legal sense, establishing paternity means formally identifying a child’s legal father — along with the rights and responsibilities that come with that role. Without it, an unmarried father has no legal standing when it comes to custody, visitation, or other parental rights.
When a child is born to unmarried parents in Tennessee, sole custody automatically goes to the mother. The father is not presumed to have a biological relationship to the child under the law, meaning he has no legal right to see his child without a court order. On the flip side, the mother also cannot pursue court-ordered child support until paternity has been established.
How Is Paternity Established in Tennessee?
Tennessee offers a few paths to establishing paternity, depending on the circumstances.
The simplest route is being present at the child’s birth and being listed on the birth certificate. If that window is missed, both parents can sign a Voluntary Acknowledgment of Paternity form, which can be completed at the hospital, the child support office, a local health department, or the Office of Vital Records. Both parents must sign the form in front of a notary, after which it is filed with the Office of Vital Records.
If paternity is disputed or uncertain, the court can order DNA testing. If the DNA confirms the biological relationship, the court will issue an order of parentage — making the man the child’s legal father and adding his name to the birth certificate. In Tennessee, paternity can be established this way until the child turns 21.
It’s also worth noting that petitions to establish parentage can be filed by the mother, father, child, presumed father, or even the government, giving multiple parties the ability to initiate the process.
What Happens After Paternity Is Established?
Once paternity is established, the father gains full parental rights and responsibilities — including the right to seek custody or visitation and the obligation to provide financial support. Judges in Tennessee cannot discriminate based on gender, meaning a father’s custody rights are equal to the mother’s under the law.
That said, the road doesn’t always go smoothly after paternity is confirmed. Custody disputes, child support disagreements, and other legal matters can follow, making it essential to have an experienced family law attorney in your corner.
We’re Here to Help
If you’re a father who wants to be present in your child’s life but currently has no legal rights, Murfreesboro Family Law is here to help. We’ll guide you through Tennessee’s paternity and child custody laws so you can focus on what matters most — being there for your child. We specialize in child custody, child support, divorce, adoption, and grandparents’ rights. Call us today at (615) 890-3656 or send us an email through our contact form.