[TN Mom]

I have a question about the father's name on a birth certificate. My husband received a summons claiming he is the father of a 16 year. When we pulled the child in questions birth certificate it names another man as the father. His name has been on the birth certificate since the child was born as far as we can tell. I've been told in Tennessee if the man accepts the child as his and is on the birth certificate he is "presumed" the father. Is this true? Also, we've been told this other man would have to file paperwork within a certain time period (we were told 3 years) to have his name removed as "father" or he would be seen as the father. Any truth to this? And does anyone know where I might find answers to all this? Thanks!

[Mr. Knowitall]

All of this is in Tennessee? Mom, child, your husband, and the person identified on the birth certificate all live in Tennessee, and it's a Tennessee birth certificate? What is the named person's relationship to the mother? Does your husband actually dispute that he is the child's biological father? Is the action being initiated by the mother, or has it been initiated by the state in relation to welfare benefits paid to the mother?

[TN Mom]

Yes, all of this is now happening in Tenessee. The child ws born in TN and it is a TN birth certificate. The name of the "father" on the birth certificate is the mother's now ex-husband. My husband has not had a paternity test and does not believe this to be his child. This action was initiated by the mother (the summons we received has her lawyer's name and doesn't not mention anything about the state of TN vs. my husband) I can't be certain the mother isn't on welfare but we don't think she is. Thanks for your help!

[Mr. Knowitall]

It's hard to know what's going on, or whether there was a prior finding or acknowledgement of paternity which has been set aside. If a court action has been commenced, that must be answered - if your husband defaults he risks being declared the father and having support assessed. It may be possible, depending upon the full facts and circumstances, to get the complaint dismissed without a DNA test on the basis of the other person's being identified as the child's father. But to do that, your best bet is to get help from a lawyer. If a DNA test disproves paternity, that should also end the matter.

[rmet4nzkx]

You don't have all the facts.

Was the woman married to the other man when the child was conceived?
Did the other man file an AOP and later marry the woman?
When did they get a divorce, did he question paternity at that time?
Be that as it may your husband will still have to respond to the paternity action. Is this simply a letter form an attorney or has a paternity action been filed?
Did he know about the woman's pregnancy and was he having sex with her at about the time the child was conceived?
If he is proved to be the bio dad of this child and mom never received state aid, then your husband should only be responsible for child support from the time of filing the paternity action and he would also be entitled to file for custody and visitation. How a judge will handle the situation will depend on the facts. The State of Tennessee uses an “Income Shares” model for determining child support payments. Income Shares requires the courts to review both parents’ incomes before setting a child support amount. Here is a link that may help. http://tennessee.gov/humanserv/is/isfaqPrev.htm Whether or not DNA was available in 1990 may also be a consideration so it would be wise to consult an attorney.

[TN Mom]

Thanks for the help! As to your questions, The mother was not married when the child was conceived. The other "father" came into the picture while she was pregnant and we believe they were married shortly after the child was born. His name was put on the birth certificate at birth but unsure if he sign AOP. They recently divorced and at that time the judge in that case determined him not to be the father.

My husband did have a relationship of a few weeks with this women but he says she was already pregnant when they "dated" When you calculate conception the dates are close but she never told my husband he was the father and said the man that was the father had already shipped back to the States (they were stationed overseas in the military) and didn't want anyting to do with the child. She has know how to contact my husband and his family for the last 16 years and has waited to do so until now so we are not sure why.

We just find it interesting after all this the other man's name still appears on the birth certificate (we pulled it last Friday)

Thanks again for any/all help! It is greatly appriciated!

[rmet4nzkx]

Well if she was already pregnant, then DNA will prove him not to be the father, right? Why would she not name the man she really thought was the father? Are they still in the military? Well, her ex husband was relieved of his legal responsibility for the child by a judge and I'm not sure that an AOP was available in TN in 1990 so putting the desired father's name on the birth certificate wouldn't have been unusual and didn't establish paternity. What is sad is that this child has only known 1 father all these years and now will lose that all because adults couldn't act like adults. Calculating the date of conception can be difficult especially after 16 years so don't be surprised if your husband is proved to be the father.