Do I have a right to visit my child because I pay child support?

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.

Do fathers in Tennessee have a right to visit their children born out of wedlock because they pay child support?

In general, no. Fathers must obtain a court order for custody and/or visitation in order to establish their legal right to parenting time. See this blog post for more information.

Do fathers in Tennessee have a duty to pay support for their children born out of wedlock, even if the mother does not allow them to visit?

In general, yes. If a father’s paternity has been established, he has a duty to provide for his child’s needs even if he is not permitted to have a relationship with the child. This duty to support technically exists before there is a court order to provide child support.

Also, parents’ duties under court orders are almost always independent of one another. A parent who is ordered to receive parenting time must be allowed to do so even if that parent does not obey the court’s child support order, and a parent who is ordered to pay child support must do so even if the other parent withholds parenting time in violation of a court order. Withholding support and parenting time are not appropriate remedies for the other parent’s bad behavior; the answer is a petition for contempt, not “illegal revenge.”