Legal Question in Family Law in Tennessee

custody and visitation

well me and my wife are getting a divorce im in the military and she is unemployed. we have a 7 year old boy who calls me daddy. he knws his natural father but doesnt really see him plus his dad is in and out of trouble with the law. we also have a 1 year old that she got pregnant with by another man while i was deployed i forgave her and i am the only dad he knws he even has my last name and im on the birth certificate. now am i entitled to visitation or even custody?


Asked on 5/19/08, 4:00 pm

1 Answer from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: custody and visitation

Your question doesn't offer enough information to offer meaningful opinions. If you want general information, my website has a great deal at jesbeard.com, or you could simply call me and address specifics. To try to offer general information, if you adopted the 7 year old, that child is as much yours as if he were were biological child. If you did not, Tennessee law does allow you to get visitation with a step-child if you are paying support. If that child was born DURING the marriage, and you held yourself out to the world to be his father, then you ARE the legal father. Regarding the other child, unless the biological father has filed a legal action to establish his rights with regard to the child, or you or your wife try to raise the paternity issue in order to end your rights and obligations regarding the child, you are the father, with all of the rights and obligations attendant with that relationship.

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Answered on 5/25/08, 11:12 am


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