Legal Question in Family Law in Tennessee
rights of parents who are not married
My daughter is 21 and has a 3 mo. old baby.The father resides in Tennesse and she is in Texas. He has requested that the baby come for a week to Tenn. to stay with him and his parents. Is it wise for my daughter to let him take the baby without any legal documents in place? Could he legally keep her and not bring her back and if so, what recourse would my daughter have? His name does appear on the birth certificate.
2 Answers from Attorneys
Re: rights of parents who are not married
From the facts so far it does not appear that the person's name that appears on the birth certificate has been legally declared the father of the child. That is done in Tennessee by a petition to establish paternity. It involves getting both parties before a judge and having the man declared father through, 1) admission or through DNA testing. This does several things. It eliminates any possibility of someone else being the father; settles the question in everyones mind; and gives him certain legal rights.
Although it is a good idea for the father of a child to seek a relationship with the child, it is not wise to let any person take a child without the mother finding out as much about this person as possible. Namely: where they are employed; driver's license number; relatives names and addresses; what church they attend and any other information that if something were to happen that person can be located.
I was in court with a lady whose father had the child by permission, but the father moved and the mother had no idea how to get in touch with the father to get the child back. YES. It happens.
I would first get the paternity issue out of the way. If the mother has NOT signed up for any assistance, there are several steps that would need to be taken. I could help with those.
Autry L. Jones
615 Lindsay St., Suite 340
Chattanooga, TN 37403
423 266-4855, 423 266-0199
If she is on state assistance, have here contact her local child support office.
Re: rights of parents who are not married
Paternity needs to be established.
It does not happen often but if he gets the child and disappears, it will be very difficult to find a 3 month old child.
You need to immeidately talk to an attorney in your area.
If you want to email the county you live in, I'll let you know if I know of anyone that can help you.
Fran Brochstein
www.familylaw4u.com