Legal Question in Family Law in Tennessee

custody question concerning unborn child

I will be 11 weeks pregnant on 5/26/05. Since I have been pregnant, the child's father has been absent and has started abusing prescription drugs (pain pills). I was not planning to attempt to obtain sole custody, but now I am under the impression that he may also be trafficking these drugs. I am extremely worried about the welfare of my child, once he/she is born and what the odds are that the court would allow the father visitation if he continues with this lifestyle. The father has a legal history with drugs and had assured me that he was going to stay clean so this has come as a bit of a surprise (although not totally since I've known him for 10 years). I don't want him to not be able to see his child, but I don't want to put my child's life at risk b/c of his addiction/risky lifestyle. If he gets visitation I was wondering if it could be supervised? I have actually considered not offering the opportunity to sign his name to the birth certificate in order to avoid having to deal with the stress of leaving my child with him unless he pursues custody, paternity test, etc. But I don't know if this could cause even more problems. Please give me advice!


Asked on 5/24/05, 12:24 pm

1 Answer from Attorneys
Autry Jones Jones & Landers, Attorneys At Law

Re: custody question concerning unborn child

I'd allow his name to be added to the birth certificate at birth. This will reduce future headache, trust me. If you two are not living together. I would immediately petition the court through a local child support enforcement agency or a private pettition to set support. This will get support started and put him on the radar for non compliance.

As for visitation, I would start now building a diary of things you may need to offer as evidence to show why the father should NOT have visitation supervised or otherwise. In the diary I would include: his employment, criminal history, drug use, sale or any other activity that you provide the court with information on his inability to care for the child while in his custody and that it would be in the child's best interest to deny visitation.

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Answered on 5/25/05, 6:26 pm


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