Legal Question in Family Law in Tennessee

custody

I am divorced, 2 children, we split everything 50/50, the children were living equally with both parents. Ex hubby decided that in the best interest of the kids they would live with me full time. He is to visit from fri. @6p to [email protected] does not pick them up on time--ever, usually next day. he signed my daughters birth certificate, but is not her father and has known this since before her birth. I now want full custody care and control, no child support. we never had a DNA test done but I want one now, have had no contact with her biological dad, know the city in which he lives, nothing else-pretty much a one night stand. The ex hubby refuses to take a DNA test and does not want anything to change. I want her to know that he is not her father--esp. in case she needs something when she gets older, ie., blood, kidney. Can I make him take a DNA test? I know the state will not make a ''bastard'' out of a child, but I do not want to go thru life with her not knowing the truth. She is 8 years old, she and her brother only visit the ex every other weekend and now only for 1 day. I am getting married next year and my future husband may want to adopt her.


Asked on 4/18/05, 5:07 pm

1 Answer from Attorneys
Autry Jones Jones & Landers, Attorneys At Law

Re: custody

This is a tough one. You're right, in the eyes of the law the child has a dad and the courts will seldom if ever delegitimate a child. Several questions come to mind. How long were you married to ex; were you ever seperated for roughly 300 days prior to the date you conceived the child. Most judges will not order DNA testing in cases where there is husband and wife and there was no mention of this during the divorce action. It would be an uphill climb. However, you could have DNA testing done privately. If the ex-husbby is excluded, that's not the end of the story. There are other issues, i.e. child's name, prior and current support. This really opens a pandora's box. I would think long and hard before I did this. Who does the child believe her father to be and what would it do the child to find out otherwise.

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Answered on 4/18/05, 6:19 pm


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