NASHVILLE, Tenn. (WTVF) — It's a question of fairness in parenting.
A federal lawsuit — which could set new precedent — names judges and the Tennessee Attorney General on the issue of child custody.
That lawsuit argues that state law is unfairly biased against fathers, and is unconstitutional.
Historically, often with good reason, judges have favored the mother in child custody cases.
But times have changed, and one 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 they lived together since their child was born.
After two years, the couple split and the mother took the little girl with her.
"He found himself with no rights whatsoever. He went over three months without seeing his child," said Nashville Civil Rights Attorney Wesley Clark.
Clark says Wilson then found himself on the outside looking in on the child he helped raise.
They are now suing several judges and the Tennessee attorney general.
"This is about challenging Tennessee's sexist child custody statutes," said Clark.
If a married couple divorces both parties are immediately involved in custody decisions.
But under the law, if an unmarried couple splits the child automatically goes with the mother.
Clark said the only option for the father is to sue — hoping for a judicial review on custody that can take months or even years.
"Forty percent of children are born out of wedlock now. This applies to a lot of men and they don't realize how stacked the statutory deck is until they get in this situation," said Clark.
Dr. Wilson went to court and was awarded visitation only every other weekend, which he is appealing.
And that's led him to file the federal suit challenging the law that's kept him from his daughter.
Clark said he knows it may be an uphill battle in federal court on this case because there are long held traditional opinions on this issue, but he and his client say it's time things change when it comes to child custody.
We reached out to the Attorney General's Office for comment, but have not yet heard back.
Do you have more information about this story? You can email me at nick.beres@newschannel5.com
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