Legal Question in Family Law in Tennessee
" married, but not to father of child"
I'm in the process of getting a divorce, got pregnant during the process, living with the father of the baby. I want to go back to the state of Ca, where I moved from. The father does not want me to leave. I need to know who has custody of the child once he's born, who's last name he will carry, if I'm still legally married at the time of birth, and if i may leave the state of Tennessee with the child, if there are no restaining orders filed and so on.
Need to know what the fathers rights are and mine.
1 Answer from Attorneys
Re:Child paternity when bio dad not husband
In Tennessee, unless there is a court order otherwise, you as the mother are free to move with the child from Tennessee. Unless there is a court order, a biological father who is not married to the mother has no right to have custody of the child or to make any parenting decisions regarding the child. You will be the one to name the child.