Legal Question in Family Law in Tennessee
Who is the legal father?
I am getting ready to enter a child support case with my fiance. He fathered a child (we think) by another woman 2 1/2 years ago. This woman never let him get a paternity test and she never filed for support. They had a verbal agreement for the child support and he has been paying it all every since the child was born, not knowing for sure if it was his. She has now decided that she wants to take him and get thousands of dollars in bcak child support. We just found out, after a man moved in with her, that she has been married to hom for over 10 years. My question is this: Is there a law (and I would need to know where to get documentation of it) that states, in the state of Tennessee, that if a woman is married and has an illigitimate child, her husband is considered the legal father, and if so, will this effect her chances of getting back child support? He is not a deadbeat dad and has done everything willingly the whole time..plus she waited 2 years to file...please help me.
2 Answers from Attorneys
Re: Who is the legal father?
If there is any real question about paternity, get a blood test. There is a presumption that a married couple have their own kids. There is also a presumption that people do not pay child support unles they acknowledge the child as theirs. You probably need a lawyer. For more info, see www.gsmithlawfirm.com
Re: Who is the legal father?
There is a legal presumption that a child born during marriage is that of the Husband. However the presumption is rebuttable. I do not think your fiance can be relieved of back child support simply because the mother is married nor because she waited two years. If the child is your fiance's , he faces back child support. There are ways to limit this and you need a lawyer to help with that. Hopefully, he has kept proof of all money he has sent to the mother.
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