Tennessee's Custody Laws Clarify Rights for Unmarried Parents

Tennessee law provides specific guidelines for custody rights when parents are unmarried, creating a structured legal framework that prioritizes the child's best interests. Under current statutes, a mother automatically receives full custody of a child born outside of marriage until a court determines otherwise.

Fathers seeking custody or visitation must first establish legal paternity, which can be accomplished through two primary methods: voluntarily signing a Paternity Acknowledgment or obtaining a court-ordered DNA test. This crucial step is essential for fathers to gain any legal rights regarding their children.

Tennessee courts evaluate custody decisions using multiple factors, including parental stability, existing parent-child relationships, each parent's caregiving capabilities, and any history of abuse or neglect. The judicial system typically favors joint parenting arrangements when such arrangements benefit the child.

Key considerations for unmarried parents include understanding that simply signing a paternity acknowledgment at the hospital does not automatically grant the father legal rights. A formal court order signed by a judge is required to establish legal parentage and determine custody and visitation schedules.

Once parentage is legally established, fathers can petition for custody, visitation, and may be required to provide child support. The court retains discretion in these matters, making each case unique and subject to individual judicial review.

Potential modifications to existing custody orders are possible when significant changes occur, such as parental relocation, demonstrated neglect, or evolving child needs. This flexibility ensures that custody arrangements can adapt to changing family circumstances.