Because of biases within our society, there is a misconception that mothers are offered priority over fathers when determining custody of a shared minor child. However, Tennessee state law emphasizes the importance of equal parenting rights. While fathers have the same rights to their children as any other parent, the process of obtaining custody could be different depending on the relationship between the parents. If you are concerned about your parental rights and responsibilities, reach out to a knowledgeable Memphis, Tennessee child custody lawyer for legal advice and representation today.
What is Child Custody?
When two parents are unmarried or are going through a separation or divorce, they must determine how custody arrangements will work for their minor children. There are two important types of custody that must be decided on, physical and legal.
- Physical: Physical custody refers to where the child resides, as in who they live with and when.
- Legal: Legal custody refers to a parent’s right to make important decisions on behalf of the child including their religious upbringing, healthcare, education, and more.
Both physical and legal custody can be joint or solely awarded to one parent.
Do Fathers Have Different Rights to Child Custody?
When it comes to parental rights, Tennessee courts prioritize the best interests of the child while also striving for fairness and equality between both parents. Fathers have the same rights regarding child custody as the child’s mother or other parent.
Unless a court rules otherwise, both parents are entitled to physical and legal custody, regardless of gender.
Do Fathers Have to Establish Paternity?
It is important to note that in heterosexual relationships where the couple is unwed, paternity is not assumed. When an unmarried woman gives birth to a child in Tennessee, she is granted automatic custody of the child. However, the unmarried man who fathered the child is not given the same immediate rights.
To establish paternity, both the father and mother can sign a Voluntary Acknowledgment of Paternity or they can run a DNA test to confirm the relationship. Once paternity is established, the father will be granted equal rights to the child and can petition the court for custody or parenting time.
When Can a Parent’s Rights Be Restricted?
Although both parents have equal rights to their children and TN courts prefer to award joint custody, there are circumstances where the court may restrict one parent’s rights. A parent may not be allowed custody of their child or only permitted supervised visitation if the parent is deemed unfit to care for the child.
A parent could be deemed unfit if they have participated in behavior that puts the child at risk, like domestic violence, a substance addiction, neglect, or abandonment. If they are incarcerated or develop a serious mental or physical health condition, they may also be unable to properly care for the child.
It is important to note that although a parent’s rights to custody can be rescinded or limited, decisions will be made based on the details of the circumstances, not the gender of either parent.
