Establishing Paternity in Tennessee

If you were married to the mother of your child, you have equal rights to custody if you decide to get divorced. However, if you were not, you will first have to establish paternity before you can be granted visitation or child custody rights. Mothers may also need to establish paternity before they can begin receiving child support payments.

Importance of Establishing Paternity

If you had your child out of wedlock, the mother has full custody of the child under the law until there is a court order that says otherwise. Additionally, establishing paternity provides additional rights and benefits, such as your child’s right to inherit from you.

Nashville paternity lawyers explain that taking legal action to establish paternity can also help foster a stronger bond between you and your child and allow you to develop a relationship with them to aid in their sense of identity and belonging.

Different Ways to Establish Paternity in Tennessee

There are various ways to establish paternity in Tennessee:

Presumptive Paternity

In some situations, there is a presumption of paternity, and it may not be necessary to establish paternity before a child support or child custody proceeding takes place. This includes:

• The parents were married to each other at the time of birth or within 300 days of it.
• The parents attempted to marry each other before the child’s birth, but the marriage was declared void, voidable, or illegal.
• The father listed himself on the putative father registry.
• The father brought the child into his home and held him out as his child.
• The father consented to be named on the child’s birth certificate in writing.
• The father consented in writing to provide child support.

Even under these circumstances, paternity can be contested.

Voluntary Acknowledgement of Paternity

The parents can establish paternity by signing a Voluntary Acknowledgement of Paternity form. For example, the parents can sign this form when the child is born in the hospital. They can also sign it later at the Office of Vital Records, local health department, or child support office. Once the form is properly filed, the father is named the child’s legal father, and his name is added to the child’s birth certificate. Because this document has important legal significance, a parent should not sign it if they are unsure of paternity or want to contest it.

Paternity Established by Court Proceeding

Paternity can also be established by court order. Either parent can file a petition to establish parentage in the county where they or the child lives. The Tennessee Department of Human Services can file this petition if the child is receiving public assistance.

During these proceedings, the court can order DNA testing to confirm the genetic relationship. After this type of proceeding, the court declares that the father is or is not the legal father. If the father is declared the legal father, his name is added to the child’s birth certificate. The court can also issue orders related to child custody, visitation, and support.

Contact an Experienced Family Lawyer for Assistance

If you would like to establish or contest paternity, an experienced Nashville family lawyer from Burdine Law Firm, PLLC can help. Contact us today for a confidential consultation to learn about the options in your specific case.