Legal Question in Family Law in Tennessee
Summonds for dna testing
My husband was contacted a few days ago by a women who claims he fathered her grandchild 9 years ago.The childs grandmother was the one who called and says that she has custody of the child and that the mother died a while back. She said she was going to have my husband summonds for a dna test.In all these years my husband never knew that this child existed,he was never contacted by the mother of the child legally or anyway.Can he be made to take a dna test at the grandmothers request?If he does take the test and is found to be the childs father would he be made to pay back child support since he only just learned that the child existed? If he is found to be the father would he have the right to take the child from the grandmother?
2 Answers from Attorneys
Re: Summonds for dna testing
Attorney Reisman said he thought the answer to all three questions was "yes." Let me go further and to say the answer to all three is DEFINITELY "yes."
But he can only "take" the child grom the grandmother if he gets a court order first, and he also should stop to think about the effect of doing that on the child's life.
He might also want to file suit against the grandmother or agaisnt the mother's estate for their deliberate denial of his natural relationship with the child by withholding from him the knowledge that he even had a child.
Re: Summonds for dna testing
The answer to all your questions may be "yes." I believe she can attempt to establish parentage/paternity. I believe the court may award back child support, although that may depend upon how long the grandmother has had custody. I also believe, as the natural parent, your husband may seek custody of the child. Good luck.
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