Q: My daughter is pregnant and unmarried. She lives in Bradley County, Tennessee and he lives in Walker County, GA. He will
still be in high school when the baby is born. My daughter is in college. She will be living with my husband and I. We are stable and able to help her financially with the bab . My question is since he is still in high school would it be who of her to establish a custody agreement prior to the baby being born (due Feb. 2020)? He will be 18 next month and does not have a job. She has a job that she works 25-35 hours a week at. I am concerned about my grandchild and daughter's well being and his ability to support his child.
A: In Tennessee, I do not think it's possible to establish "custody" of an unborn child. Think about that- who else can have custody of an unborn child? Additionally, Tennessee law no longer favors the use of the word "custody" - the preferred term is "primary residential parent." Once the child is born, the mother should seek to have paternity established/confirmed by court action ( which could include DNA testing if requested by the father) and then at that time, if the parties can't agree on a "parenting plan" - then the Judge can decide what's best for the child based on the circumstances of the parents.
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