Dr. Scott Wilson filed a lawsuit that names judges and the Tennessee Attorney General which could set a new precedent, and argues state law, based on long-standing traditional values, is biased against fathers and therefore unconstitutional.

Wilson fathered a child while outside of marriage, and after two years he split up with his daughter’s mother. The law dictated that, in the event of a child born out of wedlock, the child automatically enters the mother’s custody upon a breakup.

Nashville Civil Rights Attorney Wesley Clark said Wilson went over three months without seeing his child and claims the state’s child custody statutes are sexist.

Wilson was awarded visitation every other weekend after going to court. However, Wilson decided to appeal this ruling and take the issue to a federal suit.

According to the CDC in 2018, almost 40% of all births in the United States were to unmarried women.