My question involves paternity law for the State of: TENNESSEE
Here is the case to date:
-Woman gets pregnant and names man she has non-marital 6 yr on/off relationship with as father
-Man does not doubt paternity, signs AOP and BC in hospital
-Child Support nor visitation never legally established
-Man files for custody when child is around 2 yrs after an argument and fear mother will file for legal child support. Mother never has been on government assistance.
-Man again acknowledges paternity and waives right to DNA testing and was represented by attorney
-Mother given sole custody, arrears and regular child support. Temp. order for visitation set due to parties not in agreement for summer schedule
-Man does not pay as ordered and files for motion to set aside part of child support until final hearing. Judge agreed, but stated all arrears from start of case to be brought current prior to final hearing
- Eight months after case began, couple weeks prior to final hearing man has DNA test done that excluded him as bio-dad
-Man files motion to disestablish paternity, be taken off birth certificate and be relieved of arrears and child support
-Judge denies motion and does not allow the DNA test (mother's attorney stated state laws and judge agreed based on laws. I am not sure what laws were used)
-Judge also included that due to the man continuously coming to court with unclean hands he would not grant his relief and orders the man to continue paying child support.
-Man has not paid support or visited the child since (about 2 months) and the mother is going to file contempt
To date that is it.
We do not know, could not and would not want to find the bio-dad because he raped the mother resulting in the conception. She stated the rapist did not penetrate so she did not question paternity. Only myself and her attorney know this info.
Right now it feel like he is using the child as a pawn by not visiting him, which is awful, yet the man stated he loves the child and has no problem raising him as his own knowing he is not the bio-dad. But, obviously, he does not want the financial obligation. Regardless of the outcome the mother would not stop the child from seeing this man and his family. She has begged him to please see the child during this battle for the child's sake, but he will not.
This child also has major chronic medical problems and the mother cannot work full-time because of all his medical needs. Not getting child support would put her in major financial hardship. She is working aweful nightime hours so she can care for his therapies and doctor visits during the day. I worry about her not being able to get a break now that he does not take the child for the weekend and other times. She does not have a close knit family to help her. And with his medical needs she cannot just leave the child with anyone.
I would not agree to a man paying child support for a child that is not his, but I feel that he is only doing this to avoid paying child support. He was not decieved or lied to for any personal gain on her part. She never asked for child support, just help. She only got it when the man filed for custody, I feel, out of spite.
What are his chances of getting the court to order a DNA test? She will not agree to one at this point. She does not want the rape to be known.
Will he legally be able to disestablish paternity?
Any legal or personal insight appreciated!