Paternity rights

TN Mom · #1 09-05-2006, 02:29 PM

I am new to the site but had a question about paternity. My husband received a summons claiming he has a 16 year old conceived while he was overseas. The mother and child live in Tennessee and so does my family. What rights does my husband have? Does he have to submit to a paternity test? Can he be held liable for child support from birth to present, even if he had no knowledge this child existed? Also, he does not remember the mother, does she have to prove they had a releationship before a DNA test can be ordered? Please help!

Mr. Knowitall · #2 09-05-2006, 03:01 PM

He can fail to respond to the court notice, in which case he will almost certainly end up being declared the father by default. He can stipulate that he is the father. Or he can deny paternity and request a paternity test to establish whether or not he is the child's father. The court papers should indicate whatever factual basis exists to believe he is the father of the child.

Was your husband living in Tennessee at the time the child was conceived? Does he live there now?

TN Mom · #3 09-05-2006, 07:33 PM

Mr. Knowitall,

Thanks for answering. No my husband didn't live in Tennessee when the child was conceived. He and the women where both in the Service stationed overseas and when he was discharged he moved to the West coast. He does live in Tennessee now and has for the past two years. I am not sure if the court papers indicate whatever factual basis exists to believe he is the father of the child.We have only received a summons to appear to establish paternity. Would she have to prove their was a releationship before the court can order a DNA test?

Mr. Knowitall · #4 09-06-2006, 05:14 AM

The law varies between states, but typically there will be a requirement that there be something in the complaint which suggests when conception occurred. If your husband doesn't believe it's adequate under state law, he can try to challenge the complaint; but if in fact he didn't have relations with the woman the most expeditious way to resolve the issue is with DNA testing. As he lives in Tennessee, if he is determined to be the father the Tennessee child support guidelines should apply.

aaron · #5 09-06-2006, 11:41 AM

Information on retroactive support starts on page 30 of the Child Support Guidelines.