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Historically, mothers were the favored caregivers for their children. While fathers have made substantial strides in gaining custody and visitation, they still face challenges when asserting their rights in court.
A compassionate Hamilton County fathers’ rights lawyer is dedicated to advocating on behalf of fathers. If you face a legal dispute in which your right to parent your child is threatened, our firm’s experienced family attorneys recognize the equal rights of fathers and could work hard to protect your relationship with your child.
Back in the 1990s, the state legislature determined that a parent’s gender must not be a factor in determining custody. A father’s rights, at least on paper, are equal to the mother’s.
In reality, a man may find himself struggling to assert or maintain his rights in family court. Even though the law technically forbids it, courts may still express a bias toward the mother in custody, visitation, or paternity cases. As such, he needs a diligent local lawyer to stand up for him and preserve his rights.
A father’s rights are often overlooked even after establishing his paternity. If he is not granted primary custody of his child, he may be relegated to paying child support and seeing his child on a schedule dictated by the mother.
Even though he may feel he has no legal recourse, a father actually has expansive rights under current law. Some of these include:
Ultimately, these rights exist to allow children to benefit from a meaningful relationship with both parents. A capable lawyer in Hamilton County fully understands a dedicated father’s role in his child’s life and could work tirelessly to defend his rights.
A father seeking primary custody of his child should understand the factors a court considers when determining the residential time between parents. Under Tennessee Code Annotated §36-6-106, some of these include:
The overriding concern for any family court judge is assessing what custody arrangement will be in a child’s best interests. A father with questions about his custody rights should consult a knowledgeable attorney in Hamilton County.
Certain legal presumptions in this state present challenges to a father seeking to establish paternity for his child. For example, if a child is born to a married couple, the husband is automatically deemed the child’s legal father, even if another man knows he is the dad.
In any situation where an individual needs to prove his biological relationship with his child, he should request a paternity determination as soon as possible after his child is born. As part of a paternity action, the father can request custody or parenting time with his child.
If you need to legally establish your relationship with your child through a paternity petition or want to act to maintain the time you have with your child, considering working with a practiced Hamilton County fathers’ rights lawyer. The members of our legal team consistently protect the rights of individuals in family courts. Schedule an appointment today to learn more about how we can help.