Legal Question in Family Law in Tennessee
Child Born Out Of Marriage
I have a four year old. The father's name is not on the birth certificate and he has never paid any support. I moved from TN to CA one year ago. He calls for a couple weeks and then it will be two to three months before he calls again. We have never been married and have never gone to court for support or custody. I do not want money from him. My child does not know exactly who he is, although my child does know the father lives in TN. I know that he has no legal rights. I would like to have any possible rights of his terminated. What kind of rights do I have since we have never been to court? And what advice do you have about the father? Thank You.
1 Answer from Attorneys
Re: Child Born Out Of Marriage
Under Tennessee law, and the law in most states (but do keep in mind I'm not licensed in California, so I am not advising you on the law there), the biological father has both rights and obligations, whether his name is on the birth certificate or he has ever paid child support or has ever called or if he even is unaware of the fact that he is a father.
It may well be that no court has ordered either child support or visitation, but he still has parental rights and obligations.
To make them enforceable you may need to go to court.... and to terminate them you generally will need to go to court.... but to say he has no rights is flat out wrong.
Generally to terminate parental rights you have to go to court... and in many states the child has to be on track for adoption before the court will terminate the rights (and obligations) of a parent.
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