Is proof of paternity necessary to file for child custody?

In Tennessee, proof of paternity is necessary to file for child custody. Paternity is the legal recognition of a parent-child relationship between a father and a child, and it is established through a court-ordered DNA test or a legal agreement between the husband and wife. Generally, if a married couple has a child, the husband is presumed to be the father and therefore does not need to provide additional proof of paternity. Unmarried couples, on the other hand, do need to prove paternity. In Tennessee, the unmarried father may either voluntarily sign an acknowledgment of paternity or the court may order a DNA test to determine paternity. Establishing paternity is an important step for both parents since it gives the father legal rights to the child, as well as access to court proceedings when seeking custody or visitation rights. In addition, courts also require proof of paternity when a person wants to make changes to a birth certificate. For example, if the father’s name is not on the child’s birth certificate, or if the wrong father’s name is listed, proof of paternity must be presented to the court to make any changes. Without establishing paternity, unmarried fathers in Tennessee have little to no legal rights to the child. Ultimately, proof of paternity is a necessary step in order to pursue child custody in Tennessee.

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