Legal Question in Family Law in Tennessee

My name is on child's birth certificate as father but I am not the biological father I do pay child support can I get custody of said child

Asked on 1/02/16, 5:28 pm

1 Answer from Attorneys

Ben Houston II Ben H. Houston II

If you are on the birth certificate, you are likely either married to the Mother or you have voluntarily acknowledged paternity. In either event, you are at least currently considered the legal Father and as such you could petition a court for custody and/or visitation with your child. If you are married to the Mother, the Court will have to determine a co-parenting arrangement for the child as part of the divorce proceedings. However, it will be up to a court to determine whether naming you as the primary residential parent (i.e. the parent with the majority of co-parenting time) is in the child's best interests. If the biological Father of the child files a petition seeking to establish paternity of the child, things could get much more difficult for you; however, you may still have some options depending upon the particular facts of your case. I would advise consulting with a local family law attorney in order to discuss the particular facts of your case so that you can determine what your best options are moving forward.

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Answered on 1/03/16, 12:13 pm

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