Understanding Paternity in Tennessee: Rights, Responsibilities, and Legal Considerations

by Paternity

In Tennessee, if the parents are unmarried at the time of the marriage, the mother is presumed the sole custodial parent. This means that the father cannot obtain custody or decision making rights regarding the child until establishing paternity.  Legal fatherhood is a crucial step that impacts various aspects of family law in Tennessee. From parental rights to child support obligations, the determination of paternity ensures clarity and protection for both children and the parents involved. This blog explores the process of establishing paternity in Tennessee, the rights and responsibilities it entails, and the legal implications for families. 

Why Establish Paternity?

Establishing paternity is more than just confirming biological parentage; it provides several legal and practical benefits:

  1. Parental Rights: Once paternity is established, fathers can potentially gain legal rights to custody, visitation, and decision-making regarding the child’s upbringing. Courts determine custody based on the child’s best interests, considering factors such as parental involvement, stability, and the child’s preferences (if of the age of 12 or older).This helps foster a meaningful relationship between children and both parents.
  2. Financial Support: It allows children to receive financial support from both parents. This involves child support payments from the non-custodial parent to ensure the child’s well-being. Child support amounts are determined based on state guidelines and consider factors such as income, number of children, and existing obligations.
  3. Healthcare and Benefits: Children may also be entitled to benefits such as health insurance, Social Security, and inheritance rights from both parents once paternity is established. 

Methods of Establishing Paternity

In Tennessee, paternity can be established through various means:

  1. Voluntary Acknowledgment: This is perhaps the simplest method. When both parents agree on paternity, they can sign a Voluntary Acknowledgement of Paternity (VAP) form at the hospital after the child’s birth or at any later date through the Tennessee Department of Health before the child turns 18.
  2. Genetic Testing: If there is a dispute over paternity or if paternity is not acknowledged voluntarily, the court may order genetic testing. DNA testing involves collecting samples from the child and the alleged father to determine biological parentage. Based on the DNA test results, the court can establish legal fatherhood.

Establishing paternity in Tennessee is a fundamental step towards protecting the rights of both children and parents. It ensures that children receive the emotional, financial, and legal support they deserve while fostering healthy family relationships. Whether through voluntary acknowledgment, genetic testing, or court order, establishing paternity provides clarity and stability for families navigating the complexities of family law.

Legal Assistance and Resources

Navigating paternity issues can be complex, especially if disputes arise or if one party contests paternity. It’s essential to seek legal advice from a qualified family law attorney who can provide guidance to your dilemma. An attorney can assist with filing petitions, representing your interests in court, and ensuring that all legal requirements are met throughout the process. 

For more detailed information or specific legal advice regarding paternity issues in Tennessee, consult us to meet one of our knowledgeable family law attorneys who can guide you through the process with expertise and compassion.

DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.

Where Should My Tennessee Adoption Case Be Filed?

by Adoption

A proper understanding of jurisdiction (a court’s authority over certain people) and venue (a court’s location) is critical to helping you select the right attorney to assist you in your adoption case. 

Certain courts have power to hear certain cases. In your Tennessee adoption case, the rules about jurisdiction are set forth in T.C.A. 36-1-102 where it explains that adoption matters should be filed in Chancery or Circuit Court. There may be orders related to the child from Juvenile Court but the adoption will actually be finalized in Chancery or Circuit Court. In Davidson County, the Fourth Circuit Court of Davidson County, TN hears adoption matters. In Sumner County, both Judge Joe H. Thompson, Judge for the Circuit Court of Sumner County, TN and Chancellor Louis W. Oliver, III, Chancellor for the Chancery Court of Sumner County, TN hear adoption matters. As your attorneys, we will give you insight on exactly where your case should be filed. 

When it comes to selecting the proper venue, you’re basically starting with all 95 counties in the beautiful State of Tennessee and using the law to select the one(s) that fit the facts of your case. Pursuant to T.C.A. 36-1-114, the proper county(s) on the map for your adoption case could be any of the following: 

(1) The county where petitioners reside; 

(2) The county where the child resides; 

(3) The county where, at the time the petition is filed, any respondent resides; (4) The county where any licensed child-placing agency or institution operated under the laws of this state having custody or guardianship of the child or to which the child has been surrendered; 

(5) The county where the child became subject to the care and control of a public or private child-caring or child-placing agency; or 

(6) The county where the child became subject to partial or complete guardianship or legal custody of the petitioners. 

As with anything in the law, there are always “terms of art” that can be better explained when you sit down with a legal professional but the above list will help you evaluate whether our office is right for your case. Remember, we practice exclusively in Nashville, Davidson County, TN and Sumner County, TN including Hendersonville, Gallatin, Portland and Westmoreland. 

5 Things to Bring to Your Consultation for a Stepparent Adoption in Tennessee

by Adoption

One of the most gratifying things that a family law attorney does is assist families through the adoption of a child. Whether the adoptee is an adult or a child, the legal establishing of the parent-child relationship is always a touching moment. 

In any Tennessee adoption, there are a number of requirements that must be followed but the first step is often sitting down with a lawyer to understand the particulars of your case. Below, we’ve listed a number of documents and bits of information you’ll want to 1.) email to your lawyer ahead of time and 2.) bring with you to your consultation. 

1. Identifying Information for Everyone Involved – Bring the full legal names, dates of birth, addresses and even phone numbers for the biological parents and the child. 2. Relevant Court Orders – Bring a copy of any and all court orders related to the potential adoptee. This may require taking a trip to the clerk’s office but it is well worth it. I always tell clients, “Your lawyer wants to see exactly what the Judge sees when he opens your file.” 

3. Child’s Birth Certificate – The child’s birth certificate and the information on it will be needed should you decide to file a Petition for Stepparent Adoption. 

4. Documentation Supporting Grounds for Termination – Before a child can be adopted by a step-parent, the rights of the living biological parent must be terminated first. There are more than 20 different grounds upon which termination of parental rights can occur. They are set forth in T.C.A. 36-1-113. If you have any documentation that will help your attorney prove the necessary grounds, bring that to the consultation. 5. Patience – Adoption proceedings are especially technical. Every statute and every rule must be followed to the tee. There can be any number of setbacks and challenges no matter how prepared you are. The best thing to do is to arm yourself with patience.

A Primer on the 4 Types of Alimony in Tennessee

by Alimony

Tennessee was admitted to the union in 1796. By 1799 there was already Tennessee case law about alimony! It just goes to show that there has always been and continues to be a need for Tennessee courts to decide whether, for how long and in what amount, spousal support should be paid. 

1. Alimony In Solido – This form of alimony is a defined amount which can be paid in a lump sum or in installments. It is not subject to modification even if the obligor dies. 

2. Rehabilitative Alimony – This form of alimony is designed to assist an economically disadvantaged spouse to achieve, with some type of reasonable effort, an earning capacity that will permit the economically disadvantaged spouse to have a reasonably comparable standard of living as what they enjoyed during the marriage. It can be modified upon a showing of a substantial and material change of circumstances. It terminates upon the expiration of the Court’s order or the death of the recipient or payor.

3. Transitional Alimony – When the Court finds that the economically disadvantaged spouse doesn’t need money for education or rehabilitation—but simply needs a bridge to help them adjust to the economic realities following their divorce—the Court will consider awarding alimony for a definite period of time. Transitional alimony is non-modifiable and terminates at the death of the recipient or payor. 

4. Alimony In Futuro – When the Court finds that economic rehabilitation is not feasible then the Court can award alimony until a.) one of the spouses dies or b.) the alimony awardee’s situation changes such that alimony is no longer appropriate or necessary. For example, if the awardee remarries or cohabitates with a romantic partner, alimony may be terminated. Alimony in futuro is always modifiable upon a substantial, material change in circumstances. 

Interestingly, lawyers once believed that alimony awards had to fit neatly within the descriptions set forth in the statute, however, recent opinions such as Deluca v. Schumacher (Tenn. App. 2020) have made it clear that the Court will enforce valid contract provisions even when they fly afield of typical understandings of alimony so caveat emptor, or “let the buyer beware.” 

If you are in need of alimony or anticipate being asked to pay alimony, you should definitely schedule an appointment with our legal team to make sure your future is secured.