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  1. #1
    Join Date
    Sep 2011
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    Default Am I Legally the Father Because I'm Not Divorced

    My question involves paternity law for the State of: Tennessee

    I have been separated from my wife for over a year now! She left me and persued her own life. She insisted she was going to take care of the divorce, but never did. Instead I find out a month a go she is six months pregnant. I have not had any contact with her up to that point, and she and I both know I am not the father of the child. She insists that even though I'm not the father she still has to put my name on the birth certificate because we are still legally married! What? Tell me that can't be true! Now I'm rushing to get divorced and then she says it doesn't matter, you have to be divorced for 300 days before I'm not the legal father. So the biological father walks free and I'm stuck paying child support, and paying for a DNA test to clear my name? Please help me shine some truth on this situation. I'm a single dad of two already, I cant afford to pay some one to raise a child that is not mine. Thank you for your time

  2. #2
    Join Date
    Apr 2009
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    Default Re: Am I Legally the Father Because I'm Not Divorced

    Well, what you've been told is actually - unfortunately - true.

    Now with that said, you can BOTH sign forms stating that you both acknowledge that you're not the father, and that should be enough to keep you free and clear. If she won't, then you can simply file to disestablish paternity as part of the divorce action.

    Be aware that if you do NOT disestablish paternity and the divorce is finalized naming you as the father, that is irrevocable as far as you are concerned. Bio Dad would have to come forward after that point.

    With that said, surely Mom doesn't want you named as father - correct?

  3. #3
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    Sep 2011
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    Default Re: Am I Legally the Father Because I'm Not Divorced

    She says that she doesn't want me to be put down as the father....... So she says! Obviously I'm not sure what to believe when it comes to her telling me anything any more. none the less let's pretend that she doesn't want my name on the birth cirtificate. Where and how do I obtain the proper forms to clear me of this false father situation? Thank you for your knowledge and assistance by the way!

  4. #4
    Join Date
    Sep 2005
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    Default Re: Am I Legally the Father Because I'm Not Divorced

    Why don't you file a divorce and deny paternity in your complaint? Then when the divorce is decided the court can adjudicate the issue or enter an order, consistent with your stipulated settlement, holding that you're not the father.

  5. #5
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    Sep 2011
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    Pigeon forge, tn
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    Default Re: Am I Legally the Father Because I'm Not Divorced

    Would that turn it into a contested divorce? Or by both of us agreeing it's not my child keep the divorce in the non contested realm? I only ask because I'm trying to resolve this whole mess without an attorney. Thanks

  6. #6
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    4,494

    Default Re: Am I Legally the Father Because I'm Not Divorced

    Oh, at this point, you're going to need an attorney.

    This is what happens when you allow someone else to take charge of the things in your life you should have been responsible for.

  7. #7
    Join Date
    Jan 2007
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    1,695

    Default Re: Am I Legally the Father Because I'm Not Divorced

    A lawyer is cheap compared to years of child support should this be done incorrectly and you are determined to be the legal father.

  8. #8
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Am I Legally the Father Because I'm Not Divorced

    Quote Quoting T53147
    View Post
    A lawyer is cheap compared to years of child support should this be done incorrectly and you are determined to be the legal father.

    I do wish more people would realize this very simple truth!

  9. #9
    Join Date
    Sep 2011
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    Pigeon forge, tn
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    Default Re: Am I Legally the Father Because I'm Not Divorced

    Thank you for everyones combined wisdom. First thing in the morning I consult an attorney. Now I feel like I have some amo to go to war. Thanks again

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