Legal Question in Family Law in Tennessee

paternity suit

We are in Ca. 2 yrs ago Tn. served paternity papers to my husband (via Ca. D.A.). 1 yr later case was dismissed because girl in Tn. refused blood test (I think 4 times). Now 1 yr after it was dismissed in Ca. the girl called & asked if we got a letter from juvinile court re: child support. (we haven't) she said she got one a few weeks ago saying she has 60 days to decide what she wants to do about this case.

*Does this sound right or is she reopening this case herself but blaming it on the county?

*We were told it was dismissed????

*Is it possible that Tn. would keep this open & now that it's about 1 yr they want to close out the file or get on with it?

*niether are on assistance any longe(afdc/ tenncare)(no longer qualify)would they still contact her without first being contacted by her? (we aren't neglecting this child we have flown to Tn. 5 times to do blood test without courts being involved, she hides or hides the child after agreeing to test)we've spent small fortune doing this & she knows this but just laughs. trips not total loss, have relatives in town. we also care for child w/$ and school supplies, clothes etc. But aren't allowed to see child per Mother!

Thank you so much!


Asked on 7/22/99, 6:36 am

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: paternity suit

The mother's story is possible, but whether it is true or not is irrelevant. The woman is obviously a liar and not to be trusted or believed.

And even if this case is again dropped, it could be reopened again several years from now and your husband could be ordered to pay tens or thousands of dollars in back support.

Your best approach is for him to file suit on his own behalf to establish paternity. If she doesn't show up for the blood tests then she can be (and would be) jailed for contempt of court.

You can get a definite answer, get visitation, get credit for the child support you have paid, avoid getting hit with a judgement later that can never be paid, and being manipulated by this woman.

Meanwhile, your husband needs to document ALL money he spends on behalf of the child, getting receipts and keeping cancelled checks. Otherwise he may not get credit for it.

Good luck

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Answered on 7/22/99, 9:14 pm


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