fathers rights?

Question

What kind of rights does a father have over a child that was born out of wed lock. THis is a TN state issue, so if you know first hand in tennessee that would be great! My friend wants to know if she is able to leave her lousie boyfriend and move to a different state with their 3 month old baby. they were never married, and he has another kid. I know that marriage custody says you can not leave the state with out the fathers permission, but do the same rules apply if you were never married? BTW yes his name is on the childs Birth Certificate!

Answer 1

Unmarried Parents

Where a child's parents were never married, most states provide that the child's biological mother has sole physical custody unless the biological father takes steps to have himself considered for custody. Those steps include obtaining a court's finding of paternity and filing a petition for custody. In some states, this is a bifurcated (two-step) process; in others, the two steps are combined. An unwed father usually cannot win custody from a mother who is a good parent but he may have priority over other relatives, foster parents, or strangers who want to adopt his child.

The government must provide a child's unwed parents with the opportunity to step forward if it is seeking custody. In Stanley v. Illinois (405 U.S. 645, 92 S. Ct. 1208, 31 L. Ed. 2d 551), in 1972, the U.S. Supreme Court held that under the Equal Protection Clause of the Fourteenth Amendment, an unwed father was entitled to a hearing to determine his fitness as a parent before the state could obtain custody of his children following their mother's death.

Criteria for Custody Awards

There is much debate about the criteria the courts use in awarding permanent physical custody in cases where two biological parents disagree. Noncustodial parents of both genders have long charged that judges' decision making is arbitrary and does not focus on the child. In response to this criticism, many states have adopted a standard that places primary emphasis on the best interests of the child. The challenge for courts in the 1990s was objectively interpreting the standard in the absence of meaningful guidelines.

Policies of the past offer little guidance. Before the late 1800s fathers had sole rights to custody, because custody was closely tied to inheritance and property law. Mothers had no such rights. Beginning in the nineteenth century courts began to award custody of young boys and of girls of all ages solely to mothers on the presumption that mothers are inherently better caretakers of young children.

Until 1970 most states encouraged or allowed this maternal preference, also called the tender years doctrine, and mothers almost always received custody. Eventually, many state courts found this preference to be unconstitutional, and gender-neutral custody statutes replaced maternal preference standards in forty-five states by 1990. A catalyst for this change was Reed v. Reed (404 U.S. 71, 92 S. Ct. 251, 30 L. Ed. 2d 225 [1971]), a noncustody case in which the Supreme Court ruled that the Equal Protection Clause of the Fourteenth Amendment prevents courts from basing opinions on generalizations about either gender.

A 1994 study by the American Bar Association of divorces in Utah showed that after maternal preference in divorce cases was declared unconstitutional in that state in 1986, the number of mothers who received sole custody decreased, the number of joint legal custody awards increased, and the number of specific visitation schedules increased. The researchers concluded that although the proportion of fathers who received sole custody did not necessarily go up, the net result was more involvement by fathers after divorce.

No straightforward criterion has replaced the simple—although unconstitutional—presumption that children belong with one gender or the other. The decisions that result are often inconsistent and are viewed as arbitrary by many participants. Ultimately, the judge decides the child's future, and not many guidelines are provided to ensure that the decision is objective.

Nevertheless, courts have instituted some mechanisms to determine a child's best interests. Guardians ad litem (caretakers "for the lawsuit") or friends are sometimes appointed to represent the child's interests and to advocate in court on the child's behalf. Custody evaluations may be ordered, in which court services personnel visit each parent's home and evaluate each parent's plan for caring for the child. The fact that one parent has been the child's primary caretaker is often considered but is not enough to guarantee a custody award.

Answer 2

If there isn't a custody order in place, what's to stop her from leaving the state? Like a previous answerer said, he can try to file for custody after she leaves the state, but I don't think he can force her to return to the state. He could probably get a court to order that the child spend a certain amount of time each year with him, and that they would have to share transportation costs, though. But that would require him actually going to court, and if he's not willing to go through the hassle, then probably nothing will happen if she moves.

Answer 3

Regardless if one is married to the father or not, the fact is if he is not contesting nor filing parental guardianship through the courts there's nothing that will be done.

If he wants his rights for partial custody and or the right to have the child living within the same state he must file for those rights and of course a judge will decide. In family court/ laws there are very few specific laws that govern who has specific rights to children, it is generally decided case by case.

Answer 4

You need to get a lawyer and get a custody/visitation order, and you have to have his permission to move.


AN ACT to amend Tennessee Code Annotated, Title 36, relative to child custody.

SECTION 1. Tennessee Code Annotated, Section 36-6-101(a)(2)(A), is amended by deleting the current language in its entirety, and by substituting the following:
(i) When the parents agree to joint custody, the court shall order joint physical and legal custody, with no custodial parent designated.

(ii) If the parents agree one should have sole custody, the court shall order sole custody to the agreed upon parent.

(iii) If both parents request sole custody for themselves, or one requests sole custody and the other requests joint custody, the court shall order joint physical custody, with legal custody alternating between parents. When a parent has legal custody, such parent is the custodial parent.

(iv) The court has the widest discretion in setting the timing and duration of legal custody alternations, which shall result in a substantially equal schedule, unless one parent agrees to such parent's schedule being less than equal.

(v) A court may deviate from this part if clear and convincing evidence shows it places a child in substantial harm. For determining a substantially equal custody schedule, this shall include the division of custody from when a court first assumes jurisdiction of a child.

SECTION 2. This act shall take effect upon becoming a law, the public
welfare requiring it.

Answer 5

He does not gain parental rights by marriage, he gains them through parentage. Worst case could be she runs off with the child (thus denying him visitation) and he goes to court and gets custody (yeah, yeah, a lot of stuff has to happen in the interim, however I did say worst case).

Answer 6

He could,legally, report her for kidnapping if she took the child without his permission over state lines. If the break up has been amicable, she should inform him of her intent. if there are circumstances with the relationship that could put her and the child in danger if he knows they are leaving or where they go, she should contact the nearest woman's abuse support center and speak to them.

Answer 7

We have the same name :)

And it doesn't matter if they're married or not, he's still the father. They're going to have to get lawyers and amend the custody agreement.
-B

Answer 8

i don't think she would be allowed to move out of state.

no matter what you hear on YA see a lawyer first. i know people who lost custody because of breaking that rule.

Answer 9

she could leave the state but it's going to look bad when he takes her to court. the judge is going to be biased against her. you know, this is a prime example of why you can't just go around sleeping with anyone and everyone. just because you have animal instincts doesn't mean you have to act on them, have some self respect and save yourself

Answer 10

he is the father and he has his rights, wedlock or not.