Paternity in Tennessee
Establishing paternity, or identifying the legal father of a child, is very important to all parties involved: the child, the father, and the mother. It can give rights and benefits to all of them. From the father’s point of view, establishing paternity allows him to participate in his child’s life and obtain visitation or custody rights. From the child’s point of view, establishing a legal father allows the child to receive support from the father, both emotionally and financially. From the mother’s point of view, the mother may be able to receive financial support for the child in the form of child support payments.
In Tennessee, there are two types of paternity: a biological father and a putative father. Putative fathers are men who have fulfilled the role of a father, while not being biologically related to the child. While the law recognizes a man who has provided financial and emotional support to a child as a putative father, this man may terminate his parental responsibilities by taking a DNA test to prove that he is not the biological father.
The paternity of a Tennessee child can be established in several different ways:
First, a child born into a marriage is presumed to be the child of both the husband and the wife. The same is true for children who are adopted while the husband and wife were married.
Second, when a child is born to unmarried parents, paternity can be established by a voluntary acknowledgement of paternity by the father.
Third, if paternity is in question, such as when the man has refused to voluntarily acknowledge paternity, a court may order genetic testing.
If you are a man who wants to secure legal access to your child, you may need to file an action to establish paternity. Likewise, if you are the mother of a child who can benefit by establishing paternity, filing an action to establish paternity can help you get child support. In all cases, consulting with an experienced family law attorney is the first step to helping you secure the right course of action for you and your child.
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