[2today]

My question involves paternity law for the State of: Tennessee


I have a question about paternity fraud. In Tennessee there is no limit on proving fraud. How can someone prove paternity fraud, once they have proof with a blood test that they are not the father of this child. This person was married, divorced and the child is 10. The reason why he did not request before know is because she would never admit to adultery.

The only proof he had was that the child did not look like anyone. She put his name on the birth certificate, but he never signed it. He never really paid child support. She has admitted to adultery after the divorce and knows who the father is and some other things.

[seekingadoption]

How can you prove paternity fraud? It really could be a mistake.
Also, Tennessee has a three year statue of limitation. if the child is older than three, your time has expired. Also, are you divorced? Did you address the issue of non paternity at the time of divorce?
I also reside in Tennessee. I was trying for adoption and did the research on
the Paternity with the help of my attorney. I would consult your own attorney. Or call the court clerk's office. You could petition the court for DNA and then for disestablishment. But, after all this time, if you did not address the issue of non paternity at the time of divorce....for what my attorney told me you are barred, per res judicata.

[2today]

He is divorced. The lawyer could not get a repsonse from the courts so the lawyer did an uncontested divorce. The lawyer never mentioned paternity issues should be resolved at that time.

He nor I believe it was a mistake. It was fraud. She owes the State. Due to the lies she continues to tell. I want to remain anonymous as possible, so I can't reveal all her statements. She committed adultery. Women should never be rewarded for such act. She knew he was not the father based on the features of this child. Based on the fact that she knew there was another man or men. She could have left the father space blank.

She put his name on the birth certificate. Then when he went to a lawyer when the child was born, the lawyer told him there was nothing he could do at all. He was young and believed the lawyer. He has never really accepted the child as his responsiblity financially or been a real father figure. He did not treat the child bad, but he was still forced the be a father of a child that he did not believe was his.

The mother is a awful person to deal with, she acts bi-polar and has been driving him crazy for years. Even if he is made to continue to pay, we are going to move forward and let her deal with her lies and the child. To continue a relationship at this point would be a slow suicide.

[seekingadoption]

From what I understand, he did not act on his suspicions and waited this long.
Even if he was able to prove through DNA that the child is not his. He will be barred from the responsability, unless the bio father was to step in.
Courts are very strict when it comes to leave a child without a legal father.
Is really not the child's fault. And the courts would look at what's in the best interest of the child.
Is there a step father that could step up to the plate and be a father to this child?
The reasons I know all this was that throughout my own ordeal, an attorney friend was helping me do step parent adoption pro se. And I did all the research on the paternity and adoption front. You could go to Tennessee.gov and look for the option that you would like to research. Now, my advice would be to talk to an attorney, like I did.
Sometimes, we make mistakes, and later it's too late to fix them. Don't be so harsh to judge the mother, she probably did not think at the time of the other man. It doesn't make it right. But, life is not fair and it's really not the child's fault. At ten, it would be difficult for a child to understand why his father don't love him or want him. He will probably is the only dad he/she knows. He could make a difference in his/her life. In christian terms, whoever is free of sin let it cast the first stone. Some mistakes are bigger than others. And if anybody even an attorney or judge could tell me as human beings, that they have never done anything they later regret, it would be a lie. I think, we all have done something that if we were do to all over, we would have not done. So, don't be so quick to judge, you don't know what forced her to do what she did, and it could have been an honest mistake.

[2today]

I am not judging. I am stating the facts. The problem she has never been willing to correct this problem since birth. She forced him to be the legal father out of anger and love.

It was not as though he was well off financially to support this child. This has been an estranged relationship over the last 5 years. He does not have a close relationship with this child and the mother even said this. She said the real father may be willing to work with the courts.

Why would she select him in error when the child did not have any resemblence? Once he moved on with his life while she was pregnant, she told him that she was going to make his life a living hell . That is not a mistake, that is revenge. She has done a good job at revenge. I would give her an A+.

He owes thousands in back child support, has went to jail, lost wages, and jobs over this child. This women has created a miserable fatherhood with sleepless nights.

We will see what happens in court.

[seekingadoption]

If she is going through the state, they have the best attorneys, because they deal with this every single day.
my humble opinion is that he will not be allowed to disestablish because the
Statue of limitations, has expired.
You will have to invest in a really good attorney. And even with that, I doubt that a judge will allow the sins of the mother to affect the child.
Maybe you could, get the bio father to step in.
And you might want to consider some anger management. Because, if your husband doesn't win his case in civil court, which I doubt it will go there because of the minor child, it will go to family court. You will have to learn to live with your anger.

[seekingadoption]

Also, consider that if he losses, she might go after him for her attorney's fees, lost wages and he will probably has to pay for his child (legally the child is his) for the kids attorney and DNA, and expert witness. And still be held responsible for child support.
Now hopefully, like the courts say, his heart will follow his money and he will become a good dad. Nurturing a child and loving a child has nothing to do with biology.
The first case of paternity fraud was Jesus. They did not let anyone know that He was the SON OF GOD.

[2today]

I have already accepted whatever the outcome. He has not accepted that she lied and has did this on purpose through the courts, because she did not care about this other guy. He may have to see a mental health doctor. He not just dealing with the fact that everyone told him there was nothing he could do from the beginning, but he has to deal with a mother who makes constant threats, upsets him on purpose, and spends everyday of her life making his life hell. We are trying to manage to avoid her, because she is crazy. Even if he has to pay.

The courts and the mother tries to act like he is crazy,wrong, judgemental for not wanted to be forced to be the father. He always felt the child was not.

[2today]

Do you think God approves of a system that allows men to pay billions of dollars for children that are not their's so that the system can make billions?

Do you think God would like for a women to pick any man as the father?

Do you think God would like for children to marry their brothers, sisters, or cousins because the mom lied?

Do you think God would like for the mother to slowly torture a man?

The mother is completly wrong is this case. The mother nor the courts can make a man be a father to a child that has an evil mother.

[aaron]

Take it to banter.