In Tennessee, under the custody laws for unmarried parents, single mothers often get full physical and legal custody over their children. If they were unmarried when the child was born, they are also considered to be the custodial parent and will have all of the legal rights associated with that position.
Specifically, this applies when a child’s father was not listed on their birth certificate, and he did not try to claim any rights over the child when it was born. When the child’s father did not take steps to establish his paternity, the child’s mother will have the sole claim to the child.
Custody issues often come up when a child’s biological father requests rights over the child, for example, visitation or custody rights. A father may make these requests whether or not the child’s parents were ever married.
When courts hear cases involving children, they make determinations following the child’s best interests standard. If the mother of a child thinks the father is not able or fit to care for the child or that giving the father rights to the child would not be in their best interests, the mother can request sole physical and legal custody rights.
To find out more about single mother custody rights in Tennessee, an individual should schedule a legal consultation with a local Tennessee lawyer.
Are There Different Types of Child Custody?
Yes, there are different types of custody that parents may be awarded. A court will do its best to order an arrangement that is in the best interests of the child.
Possible types of custody parents can have include:
- Sole custody
- Joint custody
- Legal custody
- Physical custody
Sole custody
When a parent has sole custody, it means that they are given most of the rights over their child. The child’s other parent will usually be given visitation rights.
Sole custody is not an arrangement that is typically ordered if both of the child’s parents are involved in their life. Sole custody is usually given to single parents. If, however, a court believes it is necessary to give sole custody to one parent, the other will typically receive generous visitation rights.
Joint custody
When a child’s parents have joint custody, they share in the responsibilities of raising the child. With joint custody, parents can have joint legal custody, joint physical custody, or both.
Legal custody
When a parent has legal custody, they have the right to make decisions about their child’s upbringing, including their religion, health care, and schooling.
Physical custody
A parent with physical custody is the parent with whom the child resides. This is also the parent who takes care of the child’s daily needs, including their food, clothing, and daily transportation.
In some locations, parents are allowed to equally share physical custody. With this arrangement, the child will live with both of their parents for an equal amount of time.
Who Determines Child Custody?
Child custody is usually determined by either the court handling the case or by an agreement of the parents. A child’s parents are allowed to make their own custody agreement, which can give them the flexibility to accommodate their unique situations and schedules.
When a child’s parents come to an agreement on their custody arrangement, they can have their lawyer draft a custody agreement that outlines their responsibilities and rights over their child. Custody orders and arrangements usually come out of legal separations and divorce cases involving children.
A custody agreement can include virtually any aspect of the custody arrangement, including which parent will have primary legal custody, physical custody, and provide a visitation schedule for the non-custodial parent. When parents reach their own agreement, it will have to be approved by the court before it will be legally binding.
Doing so can relieve some of the stress associated with custody issues and disputes. A court will often approve an agreement that is reached by the parents, as they will be more likely to voluntarily comply with its terms.
Can a Father Take a Child Away From the Mother?
In most situations, a biological father will not be able to take the child away from its mother because it would be classified as a parental kidnapping. Courts making child custody decisions in Tennessee will follow the child’s best interest standard.
Even in cases when a child’s mother is not fit, their father will likely still not receive sole custody immediately and be able to take the child away. Formal legal proceedings must first occur, including a hearing and being required to wait on the court order.
Children are typically only immediately removed from the custody of their mother if they are in danger. Courts may give custody to the child’s biological father if:
- The child’s mother has passed away
- The mother is deemed to be a danger to the child
- The mother no longer wants parental rights
When a court is handling a child custody case and making decisions for the child, following the child’s best interest standard, it will consider the following:
- The child’s age
- The lifestyles and emotional states of each parent
- Both parents’ employment and financial states
- The physical, emotional, and medical needs of the child
Can I Move With My Child Without the Father’s Permission?
When a parent is considering moving with their child, whether across town or to a completely different state, they should petition the court for a modification of their custody order or agreement. They will likely need to show that the move will be in the best interests of the child. A common example is when the parent obtains a better job, allowing them to provide more financially.
Generally, parents are not allowed to move outside of the state without getting permission from the court. Interstate child custody issues are often complex because of the severe legal consequences parents can face if they violate custody laws.
If the parent of a child does move without first getting permission from the court, there is a possibility they will lose their custody rights and even face jail time. If, however, the mother was not ever married to the father and there is not a court order in place, the child’s mother can move anywhere at any time she desires.
Do I Need a Lawyer for Help With Child Custody Matters if I Am a Single Mother?
If you are a single mother in Tennessee who has a question about your custody rights, a Tennessee child custody attorney can assist you and provide you with advice. Issues involving your children may be some of the most stressful and emotional issues you ever have to handle.
When you have a custody attorney, you will be able to better understand the Tennessee custody laws, have a sense of peace knowing they will protect your parental rights, and it will help you get the outcome you desire. Your custody lawyer will file all of the documents required and represent you whenever you appear in court, attend mediation, or attend negotiations.
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