Establishing Paternity in Tennessee

Establishing paternity is an important step for fathers in Tennessee. When a father legally acknowledges his paternity, he becomes the child’s legal parent, gaining important rights and responsibilities.

For instance, once paternity is established, the father is responsible for financially supporting the child and has the right to pursue custody or visitation.

What exactly is paternity in Tennessee?

The Tennessee Department of Human Services defines paternity as the establishment of fatherhood. By establishing paternity, a child gains a legal father, ensuring that both parents can share in the emotional, financial, and legal responsibilities of raising their child.

Reasons why it is important to establish paternity

When a father establishes paternity, it not only benefits them, but it can also benefit the mother and the child in various ways. Here are some of the reasons why it is important to establish paternity:

• The child has the opportunity to develop a relationship with both parents and their extended families.
• The child will develop a sense of belonging or identity.
• The child will be able to receive financial benefits from both parents, which can ensure that they get the adequate medical or dental care or education that they need.
• Both parents can share the financial and logistic responsibilities of having a child.
• The father can gain legal rights to the child, such as visitation or custody rights.
• The child can learn and become aware of their medical or family history.
• The mother may no longer have to cover all the costs of raising the child.
• The father can become involved in the child’s life and create a bond with the child.
• The child may qualify for various benefits, such as medical insurance, life insurance, veteran’s benefits, Social Security benefits, and inheritances.

How do I establish paternity in Franklin, TN?

Paternity can be established either voluntarily or involuntarily.

Voluntary establishment

If a father wants to voluntarily establish paternity, both he and the child’s biological mother must agree on his paternity. They can complete and sign the Voluntary Acknowledgment of Paternity (VAoP) document. This document is typically signed and submitted at the hospital shortly after the child’s birth. If this does not occur, the parents can obtain a copy from their local child support agency or health department, complete it before a notary, and submit it to the Office of Vital Records. Once submitted, the father’s name will be added to the child’s birth certificate.

Some parents may believe establishing paternity is as simple as signing the birth certificate. However, it may be wise to consider a DNA test if there is any doubt about biological parentage. Fathers can voluntarily take a DNA test at the child support office to confirm the biological relationship before completing the VAoP.

Involuntary establishment

Involuntary establishment of paternity occurs when there is a dispute about whether an individual is the child’s biological father. This usually requires the biological mother to go before a judge to request a court order for paternity establishment. For instance, if a man denies being the father and refuses to sign the VAoP, the mother may seek a court order, which typically involves DNA testing conducted at a local child support agency.

Do I have a time limit to establish paternity?

While it’s recommended that paternity be established as soon as possible after the child’s birth, it can be established until the child turns 21. However, the VAoP can only be completed and submitted until the child reaches 19.

Can an individual be presumed to be a father in Tennessee?

Yes, an individual can be presumed to be the father of a child in Tennessee. This is commonly referred to as a putative father, which means that the individual is the alleged father. A putative father can be someone “who does not have an established legal relationship with a child but claims to be the child’s biological father.” The child’s biological mother can also claim that a man is the father of her child, which could make him the presumed or putative father. There are a few other ways that an individual may be presumed to be the father, including:

• He completed the putative father registry with the Department of Children Services.
• He was married to the biological mother of the child during the 300 days before the child was born or conceived.
• He has signed the birth certificate.
• He has submitted a DNA test that shows that he shares at least 95 percent of parentage.
• He is providing child support through a voluntary written contract or promise.
• He and the child’s biological mother tried to get married, but it was considered illegal or void.

If you believe that you are the biological father of a child and want to take responsibility by establishing paternity, a Franklin family law attorney at the Law Offices of Adrian H. Altshuler & Associates can help. While this may seem like a difficult or complex process, you can depend on our team to guide you through each step and ensure that your rights remain protected along the way. It is important to remember that this process is not only about establishing legal rights and responsibilities but also about ensuring that the child has a stable, supportive, happy, and thriving environment going forward. Please call our office or submit our contact form to schedule your first meeting to discuss the situation with Adrian H. Altshuler in Brentwood, Franklin, or Columbia today.