Paternity Preplanning

My question involves paternity law for the State of: Tennessee. My ex girlfriend and i are expecting our child and are looking into what all can be completed/signed prior to the birth. We are still great freinds. The problem arises it that we dated and conceived after she filed for divorce but now they are going to stay married for now. She wants my name on the birth certificate from day one and her husband wants 100% to decline paternity. Everyone is very peaceful and freindly. What all do we need to do. What will the hospital do regarding this matter at birth. They are somewhat wealthy and in no way want any child support from me. We all would like to keep this whole matter from any court. Please help.

Honestly, not seeing that happening. In most states, paternity of the child in a marriage is 'presumed' unless contested. Once it's contested, and DNA confirms, at that time child support and visitation can be set. There are many on this board much more knowledgable than I, and hopefully they will get you started in the right direction.

So would it be beneficial to have the husband sign a affidavit declination of paternity and myself the biological father a paternity acknowledgment or affidavit of paternity prior to the birth?

Can't claim or deny something that isn't here. Until the child is actually born, there is no issue, since there is no child. After the birth, THEN you deal with actual parentage of the baby. Since all parties seem to be in agreement, it might be worth a consult with a local atty to lay out the procedures for you so that the husband can disestablish parentage, you can establish parentage, and all other matters concerning the child can then be set in the easiest, most timely manner. You all seem to want to handle this outside of the court, which is what I was saying may not be able to happen. There are some states that allow a father to sign an affadavit of parentage to acknowledge paternity of the child in question, but I don't know how that works when the mother is still married. Perhaps one of our legal eagles will be able to point you in the most logical direction.

Tennessee permits the putative father to commence a paternity action before the birth of a child. The trial court will likely stay proceedings pending the child's birth, so that paternity testing can be performed to confirm parentage.

IE: The court would have to be involved, correct? I think the OP was alluding to the fact (per his statement) that all parties involved would like to keep this out of court.

If I sign a affidavit of paternity and her husband signs a affidavit declination and we establish a custody/visitation schedule order will the court automatically order child support? Can i refuse to receive child support. The income from her job is 5 times that of mine and I fear she might have to pay support to me and I would never want that.

Hold up, I'm confused. Are you saying that you are going to be the primary custodial parent, raisng the child, with mom having visitation rights?

As to c/s, that is the right of the child, not the right of the parent, however, you can always receive the child support and return it to the payor. After parentage is set, most courts are very open to agreements between the parents regarding custody and visitation.

We plan on a 50/50 physical and legal custody agreement