Do I automatically have a right to visit my child just because my name is on the birth certificate?

IMPORTANT NOTE: this blog post addresses the rights of fathers in Tennessee whose children are born out of wedlock, who signed the birth certificate, but who have not obtained a court order regarding custody or visitation. The purpose of this post is general information. Do not take this post as legal advice; you should consult with an attorney about the details of your legal case before making any decisions about how to proceed.

In the Memphis area, I hear a lot of rumors and “street law.” The word on the street seems to be that a father is entitled to custody and visitation simply because he is listed as the father on the child’s birth certificate because he and the mother have signed a Voluntary Acknowledgment of Paternity form. The reality is that it’s not that simple.

In Tennessee, the mother of a child born out of wedlock has sole legal and physical custody of the child until a court order declares otherwise. Don’t believe me? Here is a link to the Tennessee statute that covers this. The law is fairly clear, even if you think it’s also clearly unfair.

Under Tennessee law, the mother of a child born outside of marriage is not legally obligated to allow the father to visit with the child until a court order tells her she has to. There may be lots of reasons she might WANT to, but she is not violating the law if she does not do so. That means that calling the police to demand the child probably won’t accomplish anything other than upsetting the mother and traumatizing the child.

So, what should you do if you want visitation and the mother won’t give it to you? You need to file a petition to establish parentage, custody, and/or visitation. You are likely to fare better in your visitation case if you retain the services of an attorney to help you present your case. If you’re interested in our services, email lori@loriholyfield.com or call 901-492-1830 to schedule a consultation.