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  1. #1
    Join Date
    Jan 2009
    Posts
    2

    Default Where Do I Start

    My question involves paternity law for the State of: Tennessee

    I am in a relationship with a woman that is going through a divorce. She is pregnant and we both know the baby is mine. I have recently found out some interesting information about how long her husband will be considered the "legal" father after a divorce is final.
    I already intended on filing a paternity suit to prove that I am the biological father.
    Only problem is, I don't even know where to start.

    1) Do these proceedings go throught the Juvenile Court system?
    2) Can these proceedings be started prior to the birth of my child?
    ---I do not want any type of testing done on my unborn child!!!
    3) How long after my child is born do I have to get the proceedings started?
    4) Can the other guy contest these proceedings? If so, how do I fight that?

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Where Do I Start

    Quote Quoting Simple Plan
    View Post
    My question involves paternity law for the State of: Tennessee

    I am in a relationship with a woman that is going through a divorce. She is pregnant and we both know the baby is mine. I have recently found out some interesting information about how long her husband will be considered the "legal" father after a divorce is final.
    I already intended on filing a paternity suit to prove that I am the biological father.
    Only problem is, I don't even know where to start.

    1) Do these proceedings go throught the Juvenile Court system?
    2) Can these proceedings be started prior to the birth of my child?
    ---I do not want any type of testing done on my unborn child!!!
    3) How long after my child is born do I have to get the proceedings started?
    4) Can the other guy contest these proceedings? If so, how do I fight that?
    To get the most accurate answers, you should get a consult with a local attorney. Consults are usually inexpensive and well woth the small cost.

    I do know that you cannot file until after the baby is born. You can file the same day of birth if you wish.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,441

    Default Re: Where Do I Start

    The fact that mom's married complicates things, particularly if her husband wishes to claim paternity. If he's on board with your being the child's legal father, it's still more complicated than if she were unmarried, but much less so than if he wishes to assert paternal rights. Under the circumstances, consulting a lawyer is a sensible thing to do.

    You can commence a paternity action before the birth of the child. "If an action under this section is brought before the birth of the child, all proceedings may be stayed until after the birth, except service of process, the taking of depositions to preserve testimony, and the performance of genetic testing." Tennessee Code, Sec. 36-2-305(b)(3).

  4. #4
    Join Date
    Jan 2009
    Posts
    2

    Default Re: Where Do I Start

    You can commence a paternity action before the birth of the child. "If an action under this section is brought before the birth of the child, all proceedings may be stayed until after the birth, except service of process, the taking of depositions to preserve testimony, and the performance of genetic testing." Tennessee Code, Sec. 36-2-305(b)(3).
    Where can I find these laws online? Are they available to the public?

    Does anyone know if the courts would push for genetic testing (IE- amnio) if a paternity suit is filed prior to the birth of the child? This is NOT something I'm willing or wanting to do!!!

  5. #5

    Default Re: Where Do I Start

    Due to the danger to the mother and child, a court ordering a paternity test prior to birth is a super rare thing - and is almost unheard of if the reason is a simple paternity matter. Everyone will have to wait until the birth.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

  6. #6
    Join Date
    Mar 2007
    Posts
    9,080

    Default Re: Where Do I Start

    I will also double check, but doesn't a pregnancy stop divorce proceedings?

  7. #7
    Join Date
    Jan 2009
    Posts
    5

    Default Re: Where Do I Start

    Quote Quoting cyjeff
    View Post
    I will also double check, but doesn't a pregnancy stop divorce proceedings?
    Usually when if someone is pregnant it will prolong a divorce until the child is born.

  8. #8
    Join Date
    Mar 2007
    Posts
    9,080

    Default Re: Where Do I Start

    Quote Quoting skmcdaniel
    View Post
    Usually when if someone is pregnant it will prolong a divorce until the child is born.
    Correct... I misspoke... it doesn't STOP the proceedings but it does delay them.

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