Who has custody of the child?
Absent an order of custody to the contrary, custody of a child born out of wedlock is with the mother. TCA 36-2-303
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How can you establish paternity if parents are unmarried?
Paternity can be established administratively (in a Child Support Services case for child support), by voluntary acknowledgement of paternity, or by filing a Petition to Establish Paternity in juvenile court. Paternity can be established at the child’s birth while at the hospital. Establishing paternity at the at birth puts the father’s name on the child’s…
DetailsWhat is a Presumption of Parentage?
Between spouses, the husband is presumed to be the father of a child born to them during the marriage and in the 300 days following their divorce. In most instances, the presumption of parentage is a rebuttable one. Challenging parentage in court means overcoming the presumption by a preponderance of the evidence, the requisite standard of…
DetailsWhy should you establish paternity of your child?
Paternity is the legal establishment of a relationship between a father and a child. Both the father and the mother should share in the emotional, financial and legal responsibilities in caring for their child. Parents working together with the child’s best interest in mind, can positively impact the child’s well-being, sense of security and outlook…
DetailsWhat is Child Support?
Under Tennessee law, both parents are equally and jointly responsible for their minor child’s “care, nurture, welfare, education and support.” Furthermore, the duty to support a biological or legally adopted son or daughter continues until that child’s eighteenth birthday, or until the child’s high school class graduates if a 19-year-old, which every occurs last. T.C.A. §…
DetailsWhat are the penalties for violating the law?
A violation of the law is a Class C misdemeanor which will result in a fine of $50 plus no more than $10 in court costs for a first-time offender. The penalties increase for subsequent violations. The fine jumps to $100 for a third offense or if the use of a cellphone results in a…
DetailsCan a police officer pull me over for just holding my phone?
Yes. A police officer can stop you and cite you for an observed violation of the texting law. The police officer does not need to have some other primary reason to stop you, such as speeding.
Can I text while my car is stopped?
No. The law prohibits holding a cellphone or mobile device with any part of the body. The law also prohibits writing, sending or reading any text messages or emails, reaching for a cellphone or mobile device in a manner that requires the driver to no longer be in a seated driving position or properly restrained…
DetailsCan I use my cellphone while driving?
Tennessee is considered a “Handsfree” state. The same law prohibits drivers 18 and older from using, holding, or physically supporting a cell phone, tablet, or another similar electronic device while operating a vehicle.
Can I text while driving a car?
Tennessee law says that texting while driving is illegal. The law specifically states: “No person while driving a motor vehicle on any public road or highway shall use a hand-held mobile telephone or a hand-held personal digital assistant to transmit or read a written message…” The law does allow the driver to “read, select, or…
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