It's a situation that we see too often: Parents cannot agree on a visitation schedule for a child and the father cannot see the child because he has no legal rights. A mother may move away with the child and the father disagrees but has no grounds to contest the move because he has no legal rights.
In Tennessee, a mother's husband at the time of the birth of child is the legal father of that child, whether or not he is the biological father. If the mother and father are not married at the time of the child's birth, the parents may sign a voluntary acknowledgment of paternity and have the father's name placed on the birth certificate. A voluntary acknowledgment of paternity and birth certificate, however, are not sufficient legal proof that a man is a child's father.
If the parents were not married at the time of the child's birth and the father wants visitation and legal rights to the child, he must ask for an order of the court. A mother and father can agree to paternity and ask the court to establish the father's rights to the child. Alternatively, if they disagree, the father is entitled to a paternity test to prove he is the father of the child. Once the parties agree or a successful DNA test is complete, the court will produce an order of paternity and establish visitation and other legal rights.
Establishing paternity is a very important step in being able to parent your child. Many fathers wait until there is an issue with visitation or support before they ask the court to establish them as the father's child. Due to the length of time this can take, a father may miss out on a significant portion of a child's life. If you were not married to your child's mother at the time of the child's birth and have never been legally declared the child's father, do not procrastinate in establishing paternity. We have successfully helped establish paternity for fathers in multiple counties and we would be happy to help you. Contact us with questions today at (615) 890-2399.
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