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  1. #1
    Join Date
    May 2010
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    15

    Default How to Disestablish Husband's Paternity to Establish Biological Father's

    My question involves paternity law for the State of: TN

    I'll try and keep to relevant facts. I am the biological father of a one year old boy. When the child was conceived and born, the mother was married to another man. She wanted to leave her husband, but when I told her I wasn't interested in being a husband or a father, she decided to stay with him. He is, and was aware that the child was not his but decided to stay in the marriage anyway. I spoke with him directly and he said he would raise the child as his own. His name is on the birth certificate.

    The mother still contacts me and I feel, still would like to be in a relationship with me. I have been direct with her that I do not wish to be in a relationship with her. I feel that she is staying in her marriage only for the fact that she does not wish to raise the child alone. They have had some financial difficulties and I have sent her money over the last year, although not on a consistent basis.

    And to the question: Can the mother, at any point, dis-establish her husband's paternity and then try and establish my paternity? I told her from day 1 that I was okay with the child being adopted by someone else. But I am a bit concerned that she could at some point attempt to establish my paternity in effort to force me into a relationship with her, not to mentioned, backpay in child support.

    Let me add that although I live in TN, the child was born and lives in MO.

    This is a mess. My fault though. Any advice would be greatly appreciated.

  2. #2

    Default Re: Biological Dad Reestablished As Father

    Opened yourself up with the 'any advice would be greatly appreciated'.

    Next time, use protection, then you have no worries (or at least LESS worries).

  3. #3
    Join Date
    May 2010
    Posts
    15

    Default Re: Biological Dad Reestablished As Father

    Well, okay . . .aside from the "obvious" advice, any advice would be appreciated. ha.

  4. #4

    Default Re: Biological Dad Reestablished As Father

    Ok, I'll give you that one. LOL Here's a good page to look up, which includes the following: (d) (1) If the mother was legally married and living with her husband at the time of conception and has remained together with that husband through the date a petition to establish parentage is filed and both the mother and her husband file a sworn answer stating that husband is the father of the child, any action seeking to establish parentage must be brought within twelve (12) months of the birth of the child. In the event that an action is dismissed based upon the filing of such a sworn answer, the husband and wife who filed such sworn answer shall be estopped to deny paternity in any future action.

    Don't know if that helps or not. The site is: http://www.cynthiajbohn.com/CM/Pater...aternity22.asp

  5. #5
    Join Date
    Jan 2006
    Posts
    25,829

    Default Re: Biological Dad Reestablished As Father

    whether she uses the fact of you being the bio father as a means to force you into a relationship with her is entirely up to you but yes, she can have you established as the father and seek CS from you.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    25,266

    Default Re: Biological Dad Reestablished As Father

    Quote Quoting mamabear2102003
    View Post
    Ok, I'll give you that one. LOL Here's a good page to look up, which includes the following: (d) (1) If the mother was legally married and living with her husband at the time of conception and has remained together with that husband through the date a petition to establish parentage is filed and both the mother and her husband file a sworn answer stating that husband is the father of the child, any action seeking to establish parentage must be brought within twelve (12) months of the birth of the child. In the event that an action is dismissed based upon the filing of such a sworn answer, the husband and wife who filed such sworn answer shall be estopped to deny paternity in any future action.

    Don't know if that helps or not. The site is: http://www.cynthiajbohn.com/CM/Pater...aternity22.asp


    Psst...kiddo is in MO, not TN

    OP, go read: this site
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7

    Default Re: Biological Dad Reestablished As Father

    Quote Quoting Dogmatique
    View Post
    Psst...kiddo is in MO, not TN

    OP, go read: this site
    Ok, never said I was the brightest crayon in the box! lol I try.... and often fail! Love you anyway, you're an invaluable source of info!

  8. #8
    Join Date
    May 2010
    Posts
    15

    Default Re: Biological Dad Reestablished As Father

    Thank you so much for the links. That does help. A lot, actually.

    Let me ask this: if the child was born in MO, but then as it turns out, they're about to move to TN here in literally the next few weeks, which law is ruling?

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    25,266

    Default Re: Biological Dad Reestablished As Father

    MO retains jurisdiction until Mom and kiddo have met the legal residency requirements of TN.

    It's usually 6 months.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  10. #10
    Join Date
    May 2010
    Posts
    15

    Default Re: Biological Dad Reestablished As Father

    thanks again.

    I'm not too hip to legal jargon, and I'm trying to make heads or tails out of the TN law information that Mamabear posted above. Something about 12 months or. . . I don't know. To put it in plain terms, basically does it mean that the mother or father on the birth certificate have 12 months to dispute any incorrect parentage issues?

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