Voluntary Termination of Parental Rights

**Sarah091082** · 03-27-2010, 09:13 PM

My question involves paternity law for the State of: Tennessee

My Ex-husband & I recently reconsiled after getting legally divorced. During our split(legally divoreced) we both had relationships with other people. A girl he had a one night stand with is now alleging he is the Father of her baby. She is due in 4-6weeks so we have not been able to perform a DNA test to prove this.
We only found out about the pregnancy through 'the grapevine' & when confronted she stated she had no intention of ever telling him about the baby.
If the baby is his, what rights does he have to voluntarily terminate his parental rights if the Mother (who is single) is also agreed to it? He's already discussed with her the fact that he wants nothing to do with the baby. If he can not 'voluntarily' give up his rights on what grounds can our attorney file to have them removed? I've read parental rights can be removed due to 'abandonment', can he make a plea to the judge to have them removed after an established amount of time for this reason?
On the flip side since she has stated she wants nothing from him, should we get the DNA test? How long does she have to claim paternity? If she is able to claim up until age 18 or 21 of the child as I've read, would he be liable for back child support made prior to the establishment of the paternity?
Is it better to establish paternity now & know what we're in for financially or could it potentially be better to 'take the gamble' that she'll never request support?
We plan to meet with an Attorney next week, but wanted to get some feedback.

**mmmagique** · 03-27-2010, 09:17 PM

He cannot "abandon" this child if it is his, nor give up his rights. Start setting aside a portion of his income now just in case.

**Sarah091082** · 03-27-2010, 09:23 PM

That's what I figured. What about establishing paternity now or waiting & hoping she doesn't request support? If we wait is he liable for the child support previous to establishing paternity?

**LawResearcherMissy** · 03-28-2010, 06:50 AM

It's in his best interests to file to establish paternity now. It certainly beats getting dinged for child support, then finding out the child is not his.

**BabyMama** · 03-31-2010, 05:56 PM

I'm confused... isn't back child support only calculated from the date of filing? So if she doesn't file anything until 10 years from now - he's not liable for those 10 years, especially if paternity was never established.

So isn't it better for them to let sleeping dogs lie? If they get a DNA test, then he has ESTABLISHED his paternity and made it that much harder on himself.

Maybe I'm wrong (I'm not from that state), but that's how it works in my state. Not trying to be argumentative - just seeking clarification.

**Dogmatique** · 03-31-2010, 06:09 PM

Quoting BabyMama

I'm confused... isn't back child support only calculated from the date of filing? So if she doesn't file anything until 10 years from now - he's not liable for those 10 years, especially if paternity was never established.

So isn't it better for them to let sleeping dogs lie? If they get a DNA test, then he has ESTABLISHED his paternity and made it that much harder on himself.

Maybe I'm wrong (I'm not from that state), but that's how it works in my state. Not trying to be argumentative - just seeking clarification.

I think the previous posts were trying to illustrate that it's perhaps best to find out NOW if Dad is actually Dad, than to be assigned a child support order (in other words be declared Dad without a DNA test) and then find out that despite kiddo not being biologically his, he's on the hook for support anyway.

Also, Dad cannot terminate ANY rights without those rights first being established....