Father gains child custody after proving paternity

| Feb 12, 2014 | Fathers' Rights

Most fathers in Montgomery, Tennessee, whether married or unmarried, want to spend time with their children but may not be able to do so due to various circumstances. When those circumstances lead to a courtroom, fathers’ rights are considered in the light of what is in the best interests of the child.

Recently, a court in Washington granted the custody of a 16-month-old girl to her father in what may be considered a landmark decision. According to reports, the plaintiff’s ex-wife ran away when she was pregnant, and only months later did the father discover that his daughter had been placed in state care. In what can be called a paternity fraud, the birth certificate falsely listed the mother’s current boyfriend as the biological father of the child.

The certificate was challenged in court and a subsequent paternity test proved that the plaintiff was the girl’s biological father. In addition to this, the father also had to prove that he was capable of taking care of his daughter despite his use of medical marijuana, which he smoked for chronic back pain.

Fathers in Tennessee should know that they are entitled to child custody and visitation rights irrespective of the marital status with the mother. But every child custody case is different and there may be unusual circumstances that need to be bought before the court. Therefore, fathers who want to play a bigger part in their children’s lives may benefit from consulting with a family law attorney. By doing so they may be able to successfully protect their rights.

Source: KXLY.com, “Father wins medical marijuana custody battle,” Mia Carlson, Jan. 29, 2014

Archives

FindLaw Network