Legal Question in Family Law in Tennessee

My husband adopting my son

Me and my husband have been married since Aug 2008. I have a 5yr old son from a prev relationship. His father has not seen him since Dec 2006. I have actually just rec'd my 1st child support pymnt since Oct 2007. My husband and I have discussed him adopting my son. What would have to be done to do so? Is it costly? If it was something that could be done would my sons bio father have to pay back all back child support? He owes about $8,000 as of now. We live in TN and he lives in KY.


Asked on 3/23/09, 10:01 am

1 Answer from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: My husband adopting my son

Under TN law you can file a petition to terminate parental rights (and also to adopt) if the parent has failed to have anything more than token contact with the child or paid anything more than token support in the four months immediately prior to filing the petition. After the termination of parental rights and the adoption, the parent whose rights are terminated is still required to pay any child support due up until the time of the adoption, but not for the period after the adoption.

The real question in your case would appear to be whether the father has had anything more than "token contact," and also WHY his contact has been limited. If it was the result of your action, then it would not be a basis to terminate. If it is a result of HIS action, then you would. If he was calling regularly and he and the child maintained a strong relationship even without seeing the child, then it would also appear to be more than "token contact."

Also remember that the father could voluntarily allow the adoption, and might be happy to do so to avoid having his child support obligation continue to run.

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Answered on 3/27/09, 9:03 am


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