- Section 36-2-303 of the Tennessee Code states that an unmarried mother is automatically the child's sole custodian. The child cannot have the father's last name and the father's information cannot be included on the birth certificate at the child's birth unless the father completes a voluntary acknowledgment of paternity form. Under Section 68-3-302, the birthing institution can supply the form and will explain the legal rights and responsibilities that come with acknowledging paternity. The father must complete the form and sign it in the presence of a notary. The birthing institution must then submit the signed and notarized paternity acknowledgment to the Tennessee Office of Vital Records within 10 days of the child's birth.
- If a father does not sign a paternity acknowledgment, Tennessee Code Section 36-2-305 allows the proposed father, the mother, the child or an employee from the Department of Human Services to file a complaint to establish parentage. An action for paternity must be brought before the child turns 4 years of age. The court will enter an order for paternity if the mother and father agree. If they do not, the court will order genetic testing. A man will be named as the biological father if the test shows that the probability of paternity is 95 percent or more.
- When a court decides custody, it will issue a permanent parenting plan. Generally, Tennessee courts prefer to award shared custody. The parent who has physical custody of the child more than 50 percent of the time is designated as the primary residential parent, while the other parent will have the right to liberal visitation. Parents share final decision-making authority, which means they both have a say in the child's religious upbringing, education, extracurricular activities and medical treatment.
- The ultimate goal when deciding custody is to provide a stable, loving and nurturing environment for the child. A Tennessee court must consider a list of factors, called the "best interests of the child" standard, when making a custody decision. The list includes the child's relationship with each parent, which parent is the child's primary caregiver, each parent's ability to raise the child, each parent's financial ability to provide food, clothing, shelter and other necessities, either parent's history of drug and/or alcohol abuse and any history of emotional or physical abuse. The court must also consider the child's preference if the child is 12 or older, but can hear the child's preference at its discretion if the child is under 12 years old. Greater weight is given to the preference of an older child.