Deciding to end a relationship with your partner or significant other is never a walk in the park. However, if you have children together but aren’t married, it can get even more complicated. You might even have to hire an attorney with experience in child custody law to ensure your little one is safe and happy. To learn more about this process, explore the following guide.

What Rights Do Unmarried Parents Have?

In Tennessee, child custody laws for unmarried couples lean consistently in favor of the mother. This is because the mother’s name on her child’s birth certificate automatically renders her custodial rights. The father, however, does not receive custody—his name on the birth certificate simply indicates a relationship to the child. If he wants to obtain custody, the father must file a complaint with the juvenile court. He will then have to provide hospital documents or paternity test results. Still, custody is not automatically granted—the courts have a duty to weigh the best interests of the child first.

How Is Child Custody Determined?

While unmarried couples normally don’t have to undergo legal proceedings to break up, those with children do need to involve the courts if there’s a dispute about where their child will live. If both parents want custody, the judge will evaluate the child’s needs.

To make their decision, they’ll assess each parent’s lifestyle from every angle—their job and financial stability, their home, their potential criminal record, their mental and physical health, and their relationship with the child. If the child is 12 or older, they will consider a personal statement from the minor on whom they would rather live with.

In Tennessee, most judges are hesitant to remove the child from the mother’s home when the father is fighting for custody. Instead, they’ll offer visitation rights to the father once he has proved paternity. However, if there is evidence of abuse or neglect under the mother’s care, the court will likely award the father custody.

If you’re splitting up with your significant other and want to consult an attorney on child custody law, reach out to Castles Family Law in Nashville, TN. The firm is dedicated to treating clients with patience and compassion while ensuring their best interests are the top priority. In addition to child custody, the attorney also handles divorce, adoption, and wills and trusts. To learn more about the practice areas, visit the website or call (615) 804-6086 to schedule a consultation.