If I am married, do I have to submit child to paternity testing?
During my divorce, I conceived a child with my then-boyfriend. My husband and I have recently decided to have this divorce decree set aside and it is null and void, so we are still legally married.This child's father is not my husband, but it's father, as I recently learned is addicted to drugs. I know this sounds very selfish, but the bio father has made this pregnancy very stressful for me and has caused a lot of trouble since I left him. But since my husband is willing to take responsibility for the child, and we are legally married, and his name will go on the birth certificate, will I have to submit the child for a paternity test if the bio father requests it? Or do I have the right to refuse because I heard that in the state of TN, if I am legally married and this child is born during the marriage, I have a right to refuse such a test.
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I don’t know what the laws are in TN, so you should probably talk to a lawyer. If it turns out you’re wrong, and he can ask for a paternity test, I would be honest with him. I can’t imagine having a baby and living a lie, knowing that any day this moron could come back into my life and demand to have a relationship with my child.
My suggestion would be to tell him the child is his, but that you’re offering him a "get out of jail free" card. If he will sign over the paternal rights to the child, so your husband can claim paternity, then you won’t take him to court for child support. Be fair–make sure he is crystal clear about the fact that he is basically saying "it never happened", and no matter what he decides later on in life, he has no legal recourse.
Hopefully he will jump at the chance to get off the hook, but if he has intentionally been making your life miserable, be prepared for him to claim paternity, just to continue that.
This has already been answered. So why are you posting it again?
http://answers.yahoo.com/question/index;_ylt=AmlD1PR79VRJsX9zPuJpv3Hty6IX;_ylv=3?qid=20080405163227AA6gSy1&show=7#profile-info-QcC4nPxsaa
OK THIS HAS GONE ON LONG ENOUG:
As I said in my previous answer, you would be committing paternity fraud.
Now, I will continue with this as long as you do because I am an attorney and I don’t take lightly someone circumventing the law for their own personal gain.
So, are you going to stop this or not?
SEEMS SO…
False…if the man requests a paternity test you will have to submit to the test.
You can not deny him rights to the child by law.
The Tennessee Statute
24-7-112. Tests to determine parentage
(3) In any civil or criminal proceedings pursuant to this section, the tests ordered shall be conducted by an accredited laboratory. In the case of genetic tests, and at such time as the secretary of health and human services designates accreditation entities which acknowledge the reliability of types of genetic tests used in the establishment of paternity, such genetic tests shall be of the type which are generally acknowledged as reliable by accreditation entities designated by the secretary, and the genetic tests shall be performed by a laboratory approved by such a designated accreditation entity.
(4) The results of such tests and comparisons which are ordered pursuant to this section, including the statistical likelihood of the alleged parent’s parentage, if available, may be admitted into evidence as provided in subsection (b).
(b) Upon receiving the results of the tests and comparisons conducted pursuant to subsection (a), the court shall proceed as follows:
Read the rest at:
http://www.dnatestingcentre.com/States/TN_Paternity_Testing.htm
If he claims to be the father, then yes, you will if he takes it to court. If you weren’t married when you conceived, that makes it doubly yes.
I live in Missouri, so I’m not sure about TN law, but here you can have anyone be declared the father as long as you’re willing to sign the affadavit stating that they are the father. Even if the biological father wants him to have his last name, you can still give him yours, stating that as you will be raising the child, you want it to keep yours.
As far as forcing a paternity test, you will have to submit your child to it if he requests.
the bio dad would have to get a court order. It is nice to see your husband sees the bio dad for what he is "sperm donor". and is going to be Daddy to the child.
First – if you have a court decree on a dissolution of marriage, the court has already filed the decision. You are divorced. If you are still really married – then you stated your question wrong.
Second, why would a drug-addicted bio-father request paternity? To pay child support?
This makes no sense.
If he requests you will have to submit, my boyfriend was married and a child was conceived while he and his wife were married, the wife refused to take the paternity test because they were married, but he asked for the test and she was ordered to submit.(CA)
If the biological father goes to the courts, he has a right to ask for paternity testing regardless of whom you are married to. What is the problem with listing this man as the father anyway? That way doctors can be sure who the biological family line is if there is ever a genetic defect or disease that requires transplants, etc. You can still get full custody of your child, even if the biological father refuses (since he is a drug addict, he won’t be able to receive custody) and if he will agree to do so, your husband can even adopt your child. There is nothing bad about a paternity test, it just establishes what you already admitted, the identity of the child’s father.
due to an imperfection in law, the child would be considered your husband’s if it is born while you are married –
HOWEVER
legally & morally, (and I said this the last time you posted this a few minutes ago without as much detail) you have an obligation to submit to the test. Both the child and the biologial father have rights.
the biological father can also appeal to a higher court to force you to submit to the test. You aren’t actually 100% "safe" just because you are married.
I want you to think about something, what if the child is ill, what if there is something wrong to where biological family is who you need to turn to for medical information, a transplant, stem cells etc – what do you say to your child, or how would you forgive yourself if you lost your child – due to the fact you wanted to be selfish and keep the father away?
OK, people are really hot on this one. Call a lawyer where you are, pay the fee and know what your options really are. Remember, we are just nosy opinionated people on here, and we may be wrong. And no offense to anyone, but just because someone claims to be a lawyer or to know ‘for certain’ does not make it so.
talk to your lawyer -a divorce means you’re not married.
i hope your husband knows he is not the father and if he doesnt then you need to tell him and not be sneaky cause it will bite you in the long run
Just give him the test. Me and my ex-gf have been fighting for my daughters whole life. I had to spend over a decade searching for her at one point. Or, you could get ready for one long fight.