Legal Question in Family Law in Tennessee

Just found out about 5 year old daughter

I just recieved a positive paternity test proving I have a 5 year old daughter I didn't know about. I've spoken with the mother and she admits to having intentionally gotten pregnant before I went to prison knowing full well I might get sentenced to 15 years. Lucky me I only served 19 months and have been out for almost 4 years and suddenly this woman pops up requesting support. I am now living in California and have a wife and 2 children. What can I do? She insists I'll never be granted visitation or partial custody since I haven't known her the past 5 years. I'd like to teminate my rights to her if that is posible.

Please help.


Asked on 2/02/03, 9:10 pm

2 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: Just found out about 5 year old daughter

Unless the mother wants to allow you to surrender your parental rights AND she also has a husband willing to adopt, you will not be able to do so. Under Tennessee law you would be allowed visitation with the child unless she is able to show some danger you would pose to be around the child. I understand your feeling that this is not fair, and I am not saying that it is fair. I am only telling you what will happen.

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Answered on 2/02/03, 10:38 pm
Marc Reisman Rosenblum & Reisman, P.C.

Re: Just found out about 5 year old daughter

Your situation is not unique. Whether she "intentionally" got pregnant or not, the baby is yours and under Tennessee law (and most likely any other state's law) you have a duty to support the child. It is my understanding that you do not have the right terminate your parental rights. The child has a right to a father who will support her. If the mother is married and the three of you agree to an uncontested stepparent adoption, then your parental rights can be terminated and an adoption attorney can help the three of you with this. Generally speaking, you have a right to visitation or parenting time with the child. Obviously safety issues, logistics and the best interest of the child come into play here. I would guess that if you were awarded visitation, the court would start off slowly and increase it gradually because of your five year absence from the child's life. You should certainly hire an attorney for support, visitation and other issues. Talk to your lawyer about reducing child support because of Cal. state income taxes and your need to support two other children. Best of luck.

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Answered on 2/03/03, 9:59 am


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