Full question:
my son is 20 and had a baby with his then girlfriend and she is 17. The girl and baby live with her mother but my son pays for half of the babys daycare and we have him 2-3 days per week. The babys mother really does not do much with the baby her mother does everything and tries to fight us on seeing him. can my son get custody of the baby to stop all the hostility. The babys mom is just stuck in the middle because if she lets us do things against her mom she gets it from her at home. The baby has my sons last name and he is on the birth certificate and signed all the paternity papers in the hsopital
- Category: Paternity
- Subcategory: Child Custody
- Date:
- State: Tennessee
Answer:
In Tennessee, a man listed on the birth certificate is presumed to be the father. Typically, the courts favor the mother for custody when the parents are unmarried and there is no custody order. However, a presumed father can file for custody. To gain custody, your son may need to demonstrate that the mother is an unfit parent, which the court will evaluate based on the child's best interests and the specific circumstances of the case.
Consulting a local attorney is advisable, as they can provide guidance tailored to your situation. Relevant Tennessee statutes include:
- 36-2-303: Custody absent an order of custody, where custody of a child born out of wedlock is with the mother unless stated otherwise.
- 36-2-304: Presumption of parentage, outlining the conditions under which a man is presumed to be the father.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
