Memphis, TN asked in Divorce and Child Custody for Tennessee

Q: Does my husband have the right to keep my son from me although we weren’t married when I gave birth ? Can I call police?

My boyfriend signed the birth certificate before we got married. Now we’re living separately and I’m afraid to let my son visit because he’s threatened to not give him back. What should I do ? If he doesnt give him back to me, can I call the police ?

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1 Lawyer Answer

A: In TN when parents are not married, the mother is the sole custodian (whether he is on the birth certificate or not) for the child unless a court has ordered otherwise. You don't have to allow him to go if you don't want to. The fact that he has threatened to not return him to you is pretty good reason not to let him go. I would call local law enforcement to see if they will help you get him back before you let him go. Some law enforcement will get involved in situations like that and others won't.

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