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  1. #1
    Join Date
    Nov 2006
    Posts
    4

    Exclamation Fathers rights to child

    I am from Tennessee. My son is 14 months old. His father has only seen him 5 times since he has been born. He has now quit his job, dropped my son's insurance, and moved to Florida. He has not had anything to do with him or seen him since July. My question is: How long in does it take for a parent that has had no cantact with child, in Tennessee,to have no rights to child? The reason that I ask is because I heard there was a new law about a parent not having contact with the child after 4 months he has voluntarily given up his rights.

  2. #2
    Join Date
    Jul 2006
    Location
    TN
    Posts
    699

    Default Re: Fathers rights to child

    Was paternity legally established via DNA or him signing Acknowledgement of Paternity? Was child support established through the court?

    There is no such 4 month law in TN. I am not sure where you heard or read about it, but it does not exist.

    A child is considered abandoned after 1 year of no contact whatsoever.

  3. #3
    Join Date
    Nov 2006
    Posts
    4

    Default Re: Fathers rights to child

    Child support was ordered by law. He was also there and signed the birth certificate. Another question is paying child support contact, even though it is required to him by law?

  4. #4
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Fathers rights to child

    Quote Quoting m0m2keegan
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    Child support was ordered by law. He was also there and signed the birth certificate. Another question is paying child support contact, even though it is required to him by law?
    From Tennessee statutes:

    36-1-102. Part definitions.

    As used in this part, unless the context otherwise requires:

    (1) (A) For purposes of terminating the parental or guardian rights of parent(s) or guardian(s) of a child to that child in order to make that child available for adoption, "abandonment" means that:

    (i) For a period of four (4) consecutive months immediately preceding the filing of a proceeding or pleading to terminate the parental rights of the parent(s) or guardian(s) of the child who is the subject of the petition for termination of parental rights or adoption, that the parent(s) or guardian(s) either have willfully failed to visit or have willfully failed to support or have willfully failed to make reasonable payments toward the support of the child;

  5. #5
    Join Date
    Nov 2006
    Posts
    4

    Default Re: Fathers rights to child

    I am not trying to be dumb founded by any means. I wan to make sure that I have this right: I need to file a plead to terminate his rights, then the following 4 months after that he has to not see or visit my son on his own free will. I am just making sure that I get the whole process.

  6. #6
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Fathers rights to child

    Quote Quoting m0m2keegan
    View Post
    I am not trying to be dumb founded by any means. I wan to make sure that I have this right: I need to file a plead to terminate his rights, then the following 4 months after that he has to not see or visit my son on his own free will. I am just making sure that I get the whole process.
    It isn't very easy to have a parent's rights taken from them. The court will consider it, if is in the best interest of the child along with other facts.

    You would file and the father would need to be served with papers stating that you are trying to terminate his rights. If he does nothing about it, including not supporting the child, then the court MAY consider terminating his rights. The statute I provided above is defining abandonment and terminating a parent's rights in order to have someone adopt the child.

    For a more extensive read go here and click on "statutes" and you can go to chapter 36. I would have linked you, but I'm having internet problems.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Fathers rights to child

    Your name change inquiry has been moved here.

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