Legal Question in Family Law in Tennessee
How do you begin a paternity suit?
I am trying to get some information for my brother. He is being harrassed by the grandparents (who have adopted the grandchild) that he has to pay child support. My brother doubts the paternity of the child and wants to have a paternity test completed. When he told this to the grandparents they answered him with a writ of garnishment for child support (according to what he said) and they want him to sign it. They only gave him the signature page and nothing else. They will not take the child to do the test and he is at the end of his rope and wants to open a paternity suit. I am willing to go as far as fill out his forms for him so all he has to do is take them to the court house, pay the filing fee, and file them. Can I do that for him? If so, where can I access these forms? Also if there is an attorney who could give him a free consultation to give him some advice it would help him a lot. Thank you.
2 Answers from Attorneys
Re: How do you begin a paternity suit?
Once the adoption was finalized, no subsequent child support can accrue. Thus, either they are requesting "back child support", or they are trying to force something that cannot be obtained by law (or there was not a formal "adoption").
Whether your brother can question paternity at this time depends upon what Court actions, if any, have taken place thus far.
I can explain the issues and procedures better by phone or in person. As you can see, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.
Please call me directly to discuss the specifics of his case. I look forward to talking with you.
/s/ Rich J. Peters, Attorney
JON C. DAKE & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254-1229 (facsimile)
see our web page at www.familylawaz.com
Re: How do you begin a paternity suit?
First of all if the child has been adopted, your bother should not be paying child support. Also, before a person can collect child support they must be some type of paternity established, ie. ct order, birth cert. etc. If you have more questions you can call my office. 480-296-2066. Good Luck
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