Legal Question in Family Law in Tennessee

Parental Rights and Child Support

My 23-yr. old son has broken up with his girl friend of 1 yr. who is pregnant. The baby is probably his but we're not absolutely sure. My son is a widow with a 4-yr. old daughter. He's a very good father. He drinks beer but is not an alcoholic. The girl (who is 20) and her parents are claiming they are going to sue for child support (which he is willing to pay anyway if the child is his) and also for his parental rights to be taken away so he cannot see his child because they claim he is an alcoholic. Can they do this? Would the court make him support his child but not be able to ever see him? What should he do?


Asked on 1/31/01, 4:26 pm

2 Answers from Attorneys

Rosella Shackelford Shackelford Legal Service

Re: Parental Rights and Child Support

First, there must be an acknowledgement of paternity or a paternity test. If there is any question about the paternity, your son should insist on the DNA test. It is a swab test, easily done and painless. Child support is a long-term obligation, and shouly not be asserted without certainty. Second, child support is an obligation of the non-custodial parent, but statutory authority also gives the non-custodial parent very specific rights to visitation, communications, school and doctors reports, etc. The family has no standing to preclude the father's involvement, but affirmative action must be taken to make certain that all of the father's rights are protected.

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Answered on 3/16/01, 2:49 pm
Gregory Smith Law Office of Gregory D. Smith

Re: Parental Rights and Child Support

It takes more than an angry ex-girlfriend to terminate parental rights in Tennessee. If this child is your son's, and Mom gets primary custody, your son will probably pay support, but also get visitation probably. For more info, see www.gsmithlawfirm.com

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Answered on 3/15/01, 5:22 pm


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