NASHVILLE, Tenn. (WTVF) – It’s a question of fairness in education.
A federal court lawsuit that could set a new precedent names judges and the Tennessee attorney general on the custody issue.
The lawsuit argues that the state law unfairly discriminates against fathers and is unconstitutional.
In the past, judges have often favored the mother in custody cases, and for good reason.
But times have changed, and a Middle Tennessee man says the law unfairly excludes fathers from their children's lives.
Dr. Scott Wilson loves his daughter.
He and her mother never married, but lived together since the birth of their child.
After two years, the couple separated and the mother took the little girl with her.
“He had no rights whatsoever. He had not seen his child for over three months,” said Nashville civil rights attorney Wesley Clark.
Clark says Wilson then became an outsider, looking down on the child he had raised.
They are now suing several judges and the Attorney General of the State of Tennessee.
“It’s about challenging the sexist custody laws of the state of Tennessee,” Clark said.
When a married couple divorces, both parties are directly involved in custody decisions.
However, if an unmarried couple separates, the child automatically goes to the mother according to the law.
Clark said the father's only option was to sue, hoping for a judicial review of custody, which could take months or even years.
“Today, 40 percent of all children are born out of wedlock. This applies to many men, and they only realize how manipulated the laws are when they find themselves in this situation,” Clark said.
Dr. Wilson appealed to the court and was told that he would only be allowed visitation every other weekend. He has appealed this decision.
And that's what led him to file suit in federal court, challenging the law that keeps him away from his daughter.
Clark said he knows this case could be an uphill battle in federal court because of longstanding traditional views on the issue, but he and his client believe it's time for a change in custody issues.
We have asked the Attorney General's Office for a statement but have not yet received a response.
Do you have any further information about this story? You can email me at nick.beres@newschannel5.com.
She is over 80 and almost blind. Woman from Franklin continues to crochet for those in need
“Here's a great story that proves that everyone has something to give, regardless of age OR personal challenges. Our Austin Pollack introduces us to Ms. Sylvia Mooney. At 80 years old, she is not sitting still. Instead, she is using her skills to create compassion for others… one stitch at a time. Her crochet work goes to nonprofits to help our homeless neighbors. You might be surprised to know that she manages to do all of this while battling a serious health issue. Bravo Sylvia!”
-Rhori Johnston
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