Working out a child custody agreement can be difficult following a separation or divorce. However, what if the parents never married each other before their child was born? Tennessee has specific laws regarding this situation, with each case looking after the best interest of the child. Here are a few things you should know about maternal and paternal rights for unmarried parents.

What Are the Child Custody Laws for Unmarried Parents in Tennessee?

Mothers Have Custody Automatically

Mothers who are not married automatically have legal and physical custody of their child upon birth. Before claiming parenting time, a father not married to the mother of their child at birth must establish paternity. Changing custody requires a court order.

Fathers Can Establish Paternal Rights

If you’re an unwed father, you can establish paternity through DNA testing, by signing an acknowledgment or agreement, or by filing a complaint to establish parentage and obtaining a court order. Signing your name on the child’s birth certificate alone does not determine legal paternity in Tennessee.

Fathers Can Petition for Parenting Time or Custody

After establishing your paternity, you can petition the family court for parenting time or child custody. When making any parenting or custody ruling, the court considers what is in the best interest of the child. Generally, courts seek solutions that allow both parents to be involved in the child’s life. When unmarried parents live separately, courts look at several factors, including where the parents live in relation to each other, the love and emotional bonds between parent and child, the child’s needs, and the strength of the parent-child relationship. Other factors include whether each parent can care for the child and their past caregiving responsibilities. 

If you’re an unmarried parent in the Crossville, TN, area, Kevin R. Bryant Attorney at Law is ready to help you resolve any child custody issues. Drawing on more than 16 years in family law, his legal team assists clients in establishing paternity, obtaining parenting time, and resolving custody disputes. For more information about their services, visit the website or call (931) 787-1004 to schedule a consultation today.