Paternity & Legitimization Attorneys | Nashville Parentage Lawyers | Turner Law
Rights of Unmarried Parents and Children
Paternity/Legitimization, also known as parentage, issues arise when someone wants to confirm the biological fatherhood of a child. A biological father can prove parentage through genetic DNA testing or by simply acknowledging paternity by signing a voluntary acknowledgement of paternity. Parentage testing can be requested in a divorce case when the parties are married or in a juvenile court proceeding if the parties are not married when the child is born.
Paternity Issues
The legal father of a minor child has certain rights guaranteed by the Constitution and the laws of the State of Tennessee:
- Child Support: Whether by natural reproduction, adoption or assisted reproduction technology (Artificial Insemination), a legal father is responsible for the support and maintenance of his minor child.
- Parenting Time (Visitation): A parent has a Constitutional right to spend time with his legal child. The amount of time the father may spend with the minor child is determined by the child’s age, the father’s background, and, frequently, agreement of the parents.
- Inheritance: A minor child inherits from the legal father, and the legal father inherits from his legal child.
Married Parents
The question of paternity can arise during a divorce proceeding:
- Learning the wife is pregnant after a period of separation;
- Learning the wife is pregnant and she has/had a boyfriend;
- Being told by the wife that the child is not his.
Because of the long term effects of being declared to be the legal parent of a child, it is a safe and prudent approach to ask for conclusive proof of parentage through genetic DNA testing. While this may cause embarrassment and may be insulting, parentage testing is the best approach in these type situations.
Unmarried Parents
Many children are born out-of-wedlock. Parentage issues generally arise for unmarried parents under the following situations:
- Unmarried couples living together;
- Brief encounters/one-night stands;
- Sexual relations with a married person.
When the parents live together, and go through a break-up, the above issues arise. After a man acknowledges paternity, signs a voluntary acknowledgment of paternity, and is placed on the birth certificate, he is the presumed father of the minor child. He is not the legal father of the minor child until a Court declares him as the biological father or genetic DNA testing conclusively proves he is the biological father.
Hire a Nashville Paternity Lawyer
One of the more difficult things in life than for a man to have to prove or disprove he is the biological parent of a minor child. The emotional toll of learning that someone is/is not a parent of a precious child can impact everyone involved. At Turner Law Offices, P.C., our expertise and compassion can lead you through this most difficult process as smoothly and pain-free as possible. The laws surrounding paternity and challenges to paternity are complicated. At Turner Law Offices, P.C. we understand the ins and outs of this complex process and offer our help. Call our offices or schedule a Free Initial Consultation online today to speak to one of our Nashville parentage attorneys.
(615) 259-2660