Fathers' Rights Seeking Justice for Residents of Tennessee for Over 30 Years

Fathers’ Rights in Tennessee

Trust a Franklin Attorney to Protect Your Rights

​The result of most custody disputes during a contested or high net worth divorce in Tennessee is that the mother becomes the primary custodian of the child or children who the divorcing couple share.

If you are a father whose goal is a more prominent role in the life of your child, this tendency on the part of the state's family law courts does not have to become your reality. As a Franklin family lawyer, I want to level the playing field for fathers and former husbands in the greater Nashville and Middle Tennessee areas.

Contact my firm today at (615) 437-6320 to discuss your options today.

Protecting Fathers' Rights in TN

Under Tennessee law, joint child custody is allowed with the main consideration being the child’s best interests. As a father, your custody rights will be evaluated based on if you can provide a safe and stable home, provide for the child’s needs, and can parent skillfully.

If you are a biological father who is considering a divorce or custody petition and you want to be considered as primary residential parent, you should be familiar with these factors that courts consider:

  • The parent's ability to instruct, inspire and encourage the child
  • Stability of the child's relationship with each parent
  • The parent's willingness to encourage a relationship between the child and the other parent
  • The ability of each parent to provide for the child
  • The degree to which a parent has been the primary caregiver in the past
  • The child's emotional needs and developmental level
  • The emotional fitness of each parent, and any evidence of abuse by a parent
  • The preference of the child if he or she is 12 years of age or older

In 1997, the state legislature determined that a parent's gender should not be a help or hindrance when being considered for primary custody of a child. At Dana McLendon Law, I want to see this law enforced, so fathers can become more involved in their children's upbringing.

Discuss your rights as a father in Tennessee by calling Dana McLendon Law at (615) 437-6320. Schedule your free initial consultation today!

Commonly Asked Questions

What are fathers' rights in the context of Tennessee child custody laws?

In Tennessee, fathers' rights in child custody cases are considered equally to mothers' rights. The main consideration is the child's best interests, which include factors such as each parent's ability to provide a stable home, meet the child's needs, and skillfully parent. The law explicitly states that a parent's gender should not influence the decision for primary custody, ensuring fathers have the opportunity to be involved in their children's lives.

How can a father be considered as the primary residential parent in Tennessee?

A father wishing to be considered as the primary residential parent in Tennessee should demonstrate his ability to provide a safe and stable environment, meet the child's needs, and skillfully parent. Factors such as the ability to encourage the child's education, emotional stability, past caregiving roles, and the child's preference if they are 12 or older are also considered by the courts.

Does a father have a chance to win primary custody in a Tennessee divorce?

Yes, a father has a chance to win primary custody in a Tennessee divorce. Since 1997, Tennessee law has mandated that a parent's gender should not be a factor in custody decisions. Fathers who can demonstrate their ability to provide for their child's best interests may be granted primary custody, ensuring that they can play a significant role in their child's upbringing.

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