Nashville Paternity Lawyer

Paternity Attorney In Nashville, TN

It can be overwhelming to face issues that involve paternity. You may be a mother trying to establish the paternity of her child or a father who wants to establish paternity so you can exercise your parental rights. Regardless of why paternity is needed, a Nashville paternity lawyer can help you exercise your parental rights in establishing a child’s lineage.

Hire a Paternity Lawyer

Paternity laws in Tennessee automatically establish paternity at the time of birth if a couple is married, but this is not the case for unmarried couples. Paternity can be voluntarily established through legal documents or a paternity test. There are also times when paternity testing has to be ordered through the courts to compel an alleged parent to determine paternity. At Mathis, Bates & Klinghard, PLLC, we understand the strain of unknown paternity.

Accuracy of Paternity Testing

DNA testing for paternity can be completed prenatally or after the child has been born. Samples are collected from the child, the mother and the potential father for lab testing. Genetic markers are identified in the child’s sample that they share with either the mother’s or the father’s sample.

Although advancements in paternity testing and other forms of DNA testing have resulted in tests being deemed 99.9% accurate, there are still concerns about the number of fathers raising someone else’s child. However, a genetic genealogist in Europe has studied hundreds of bloodlines, specifically looking at paternity. He found that the rate of men unknowingly raising someone else’s children is between less than 1% and 5%.

Benefits of Establishing Paternity

If you believe a child is yours, there are benefits for both you and the child in establishing paternity. If both parents do not agree on the parentage of the child, the family court system can get involved and order paternity testing to establish parentage. Benefits of establishing paternity include:

• The father gains full parental rights, including child support and custody or visitation.
• The father has the opportunity to build a relationship with his child, and the child can build relationships with their paternal family.
• The father can influence how the child is raised and share his values with the child.
• The child can learn more about their medical history and if any potential medical problems run in their paternal family’s side.
• The child may gain access to medical insurance or other benefits.
• Both parents can share responsibility for providing financially and emotionally for the child.

Ways a Paternity Attorney Can Help

The process of petitioning the court to establish or refute paternity can be confusing and time-consuming. A skilled paternity lawyer can guide you through the process and, if paternity is established, ensure that your parental rights are properly recognized. In Nashville, paternity cases are heard at the Juvenile Court of Metropolitan Nashville & Davidson County, located on Woodland Street. A paternity attorney can help with:

• Accurately filing legal documents. When both parents agree on the paternity of the child, there are legal documents that must be completed to acknowledge paternity. If one parent does not agree, there are required forms for refuting paternity or compelling a paternity test.
• Ensuring parental rights are upheld. For mothers, a paternity lawyer can petition the courts to compel a paternity test. For potential fathers, a paternity lawyer can petition for DNA testing to refute paternity.
• Protect the father’s rights. Unmarried fathers are often at a disadvantage because they have to fight to establish paternity before they are granted any rights to be involved in their child’s life.

FAQs

Can a Mother Refuse to Name a Father on a Birth Certificate in Tennessee?

Yes, the mother can refuse to name the child’s father on the birth certificate. Hospital staff are required to enter “Mother Refused Information” as the father’s name when this happens. To be added to the birth certificate, the father must go through the family court system and request a paternity test to establish parentage. Once a final court order is obtained, the father can have his name added to the birth certificate.

How Long Does an Unmarried Father Have to Establish Paternity in Tennessee?

Fathers have until their child turns 21 to establish paternity in Tennessee. If you want to establish paternity by signing the voluntary acknowledgment of paternity (VAoP) form, you can only do so until the child turns 19. The easiest way to establish paternity for an unmarried father is to sign the VAoP form at the hospital. Otherwise, the form can be completed at a local health department, child support office or the state Office of Vital Records.

When Does the Presumption of Paternity Exist in Tennessee?

In Tennessee, there are several circumstances in which the presumption of paternity exists — when the mother is married at the time she gives birth, it is presumed that her husband is the father of the child; when the mother and father marry after the child is born, and the father registers as the child’s putative father; and when the man welcomed the child into his home and publicly declared them to be his child.

If I Divorce My Pregnant Wife, am I Still Presumed to be the Father in Tennessee?

If you finalized your divorce within 300 days of the child being born, you are still presumed to be the father. You are legally obligated to include your name on the child’s birth certificate unless you get a paternity test that proves you are not the father. The paternity test must be presented with the divorce decree to the hospital’s birth clerk.

In Tennessee, When a Child Is Born out of Wedlock, Who Has Primary Custody of the Child?

When a child is born out of wedlock in Tennessee, the mother is automatically considered the child’s legal parent with responsibilities for that child’s care. However, if the presumed father signs a voluntary acknowledgment of paternity, then both the mother and father are considered the child’s legal parents with responsibility for that child’s care.

Contact Mathis, Bates & Klinghard, PLLC

Whether you are looking to establish paternity for yourself or compel a reluctant partner to take a paternity test, you should hire a paternity lawyer to guide you through the legal process. Contact Mathis, Bates & Klinghard, PLLC, to schedule your initial consultation.