Understanding Your Rights as a Father in a Tennessee Custody Case

November 17, 2025

Understanding Your Rights as a Father in a Tennessee Custody Case

When parents separate or divorce, one of the most important issues is child custody. Fathers in Tennessee often worry that courts may favor mothers in custody decisions, but state law is clear—both parents have equal rights and opportunities when it comes to raising their children. Understanding these rights can help fathers make informed decisions and protect their relationship with their children.


Equal Parenting Rights in Tennessee


Tennessee law does not automatically favor one parent over the other. Instead, courts focus on what serves the “best interests of the child.” This means the judge will evaluate several factors, including each parent’s ability to provide a stable home, emotional support, and involvement in the child’s daily life. Fathers who demonstrate active participation—such as attending school events, medical appointments, and extracurricular activities—strengthen their case for custody or shared parenting time.


Types of Custody


There are two main forms of custody in Tennessee:


  • Legal Custody: The right to make important decisions about the child’s welfare, education, and healthcare.
  • Physical Custody: The child’s day-to-day living arrangements.


Fathers can pursue joint or primary custody, depending on what arrangement best supports the child’s stability and development.


Establishing Paternity


For unmarried fathers, establishing paternity is essential before pursuing custody or visitation rights. This can be done voluntarily through an acknowledgment form or through a court order and genetic testing. Once paternity is legally established, fathers have the same parental rights as mothers.


Modifying Custody Orders


If circumstances change—such as a parent relocating or a child’s needs evolving—either parent can request a modification to the custody arrangement. The court will review the request based on the child’s best interests and the parents’ ability to cooperate.


Protecting Your Rights as a Father


Fathers should document their involvement in their children’s lives, communicate respectfully with the other parent, and follow all court orders. Working with a family law attorney ensures that your rights are fully represented and that your case is presented effectively before the court.


At Law Offices of Crystal Etue, PLLC, we help fathers in Franklin and throughout Tennessee navigate custody cases with confidence and compassion.

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