parternity testing for 18 yr old

Hi,
From the State of Tennessee: I have a case of paternity testing. Not sure if we have any legal rights.
HISTORY:
My daughter just turned 18. When she was 2, I divorced my husband and in our divorce papers, he claimed her as a child from the marriage, thus becoming her legal father. He has always paid child support. However, He knew that there was a chance that he was not the biological father. My daughter knows this also. She is asking for paternity test to see who her real father is and wants both guys to submit to testing. My understanding is that she has to do this before she is 19yrs old. She is only requesting the truth and medical history from them. The legal father does not want any reimbursement if it turns out he is not the father.
MY QUESTION:
If we test the legal father and find that he is not the father, Can we take the other guy to court and force him to test?

[MySonsMom]

I'm not sure on the legal side of this question..But if there are only 2 possible fathers..and one tests negative then there is your answer. Good luck to you and your daughter.

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~MySonsMom~

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by wanttoknow:
[b]Hi,
From the State of Tennessee: I have a case of paternity testing. Not sure if we have any legal rights.
HISTORY:
My daughter just turned 18. When she was 2, I divorced my husband and in our divorce papers, he claimed her as a child from the marriage, thus becoming her legal father. He has always paid child support. However, He knew that there was a chance that he was not the biological father. My daughter knows this also. She is asking for paternity test to see who her real father is and wants both guys to submit to testing. My understanding is that she has to do this before she is 19yrs old. She is only requesting the truth and medical history from them. The legal father does not want any reimbursement if it turns out he is not the father.
MY QUESTION:
If we test the legal father and find that he is not the father, Can we take the other guy to court and force him to test?[/b]<HR></BLOCKQUOTE>


My response:

Once the "legal father" accepts paternity, he is presumed to be the biological father. Unless testing is performed on a voluntary basis, the issue of parentage is "res judicata" - that is, the "issue has been decided" and not subject to relitigation. Furthermore, since so many years have passed, it is highly unlikely you can force another man to take a test to determine parentage. And, even if that "other" man is found to be the actual biological father, too many years have passed to make him "legally liable" to the 18 year old. Additionally, if the "other" man refuses to be tested, there is no way you can have him "forced" into taking a test. Remember, each of us has a right to privacy, which includes our "vicera" - the stuff we are physically made up of. So, between the fact that your husband accepted paternity (and that decision after so many years is "res judicata") and the fact that the "other" man is entitled to privacy (you can't force him to test after so many years), it is more than likely the 18 year old will never know the full "truth". But, on the bright side, if she accepts your ex-husband as her father, then that's what counts.

IAAL


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If that is the case about the privacy of the other guy...Can anyone explain to me the meaning of Tn Code 36-2-305 which states in (1) (A) That a child of majority can ask the court for paternity
Please explain 36-2-305 (2) which states: One (1) man or several men may be named as the father. The naming of one man as father does not preclude a later suit against another man. if the court finds that the first man is not the father of the child.
(5) states that is would be a civil case.

Also in 36-2-306 Statute of limitations
(a) An action to establish the parentage of a child may be instituted before or after the birth of the child and until three (3) years beyond the child's age of majority. The provisions of this chapter shall not affect the relationship of parent and child as established in 31-2-105.

Any help explaining this vs what you said would be grateful. Thanks

No legal advice...but it sounds to me that you are on a fishing expedition. What do you REALLY want from this guy, besides medical history? 18 years of back-dated support? If your ex-husband has been known as "father" for 18 years, what genuine good can result from this knowledge? She has a daddy already. Yes, there is some value in knowing the medical history, but it seems that the potential "bad" far outweighs the "good."

The question isn't, "What's legal?" I think the question is, "What's moral?"

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by paulsgirl:
[b]No legal advice...but it sounds to me that you are on a fishing expedition. What do you REALLY want from this guy, besides medical history? 18 years of back-dated support? If your ex-husband has been known as "father" for 18 years, what genuine good can result from this knowledge? She has a daddy already. Yes, there is some value in knowing the medical history, but it seems that the potential "bad" far outweighs the "good."

The question isn't, "What's legal?" I think the question is, "What's moral?"[/b]<HR></BLOCKQUOTE>

First of all, the guy paying child support was never her "daddy". He does not have a relationship with her. Second of all, she like most adoptive kids, would like to know for sure her blood line. This "other" guy (who already knows about this) has a another daughter that was born with some medical or mental problems. My daughter would like to know if it is genetic before she gets married and starts a family herself. Third of all, What is moral to me is making a wrong right not living a lie. What is legal is only a way to make this happen. She does not want money, a "new" daddy, or anything from this man except the right to know who she is. Maybe you can't understand that but you probably have grown up with all your ducks in a row. If someone told me my parents weren't my parents, I'd look long and hard for my history. My daughter is the innocent one while the "3" of us were complete "jerks" of how we handled ourselves as young adults. I am over the judgemental stages of this case and want to help my daughter feel complete if that is what she wants.

[LegalBeagle]

Mysonsmom gave the best advice.. have one of them tested, if it is not them, then you know it is the other.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b]Mysonsmom gave the best advice.. have one of them tested, if it is not them, then you know it is the other. [/b]<HR></BLOCKQUOTE>
Well that is easy enough but it still doesn't give her what she wants. I take it nobody can expain the Tn code listed above on a legal bases in this room? Trust me I have already gotten the opionion about this from my family, pastor, and friends. I was only looking for legal advice based on the Tn code. It cost me $550.00 to get testing done with father and mother and child. If the "other" guy came along at the same time, It would be $250.00 additional. If I have him tested at a different time it is back to $550.00. Just wanted some advice on the "other" guy before I spent the money. PS. I guess I am not sure why everybody's opinion seems to want to protect the "other" guy over the rights of the child.

well, i doubt anyone will try to explain it now with the attitude you have taken. it is very simple. and maybe after 3 times, you will get it. have the "legal" father, take the test, if it is negative, she will have "what she wants", unless your motives really aren't just for the medical. simple. what a nice guy who paid support for a child who was possibly not his. seems odd he didn't want to see her.

the reason for the concern is probably because people suspect ulterior motives here. you should have done paternity testing then, to make the real dad pay. but you probably knew that the other guy might not pay and took the easy way out. tell your daughter sorry, you messed up the chance then.

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by wanttoknow:
[b] Well that is easy enough but it still doesn't give her what she wants. I take it nobody can expain the Tn code listed above on a legal bases in this room? Trust me I have already gotten the opionion about this from my family, pastor, and friends. I was only looking for legal advice based on the Tn code. It cost me $550.00 to get testing done with father and mother and child. If the "other" guy came along at the same time, It would be $250.00 additional. If I have him tested at a different time it is back to $550.00. Just wanted some advice on the "other" guy before I spent the money. PS. I guess I am not sure why everybody's opinion seems to want to protect the "other" guy over the rights of the child.
[/b]<HR></BLOCKQUOTE>


Yes, some people can explain the legal code here in this room.. but it is not necessary to spend time dissecting legal wording in this case. Also, one section in a statutes that is over 70 titles means that there is a good chance there is other sections that would protect the other guys privacy and overall rights. So for a true answer then you will need a TN attorney who knows the titles better than any of us as I do not believe we have a TN attorney on this board.

Also, what gives the child more rights than the ‘other’ guy ? He is also protected by the 14th Amendment and therefore his rights to due process and equal protection of the law. If the other guy does not want to be tested, then there is little, if anything, you can do about it.

I do not understand your overall approach here unless there are 3 possible fathers. If her current legal father is tested and proved not to be the father then you have the answer, unless, you believe that there is a 3rd possibility. If not, then you have your answer, end of testing. The only reason you would want to pursue testing of the other guy is if your intent is to then continue with legal action against him in some other way.

With a negative result from the current legal father the child can then approach the other man with the result. If she approaches him without a threat of legal action then he is likely to give her information on medical history. Therefore, she gets what she wants. End of story.

As regards to the legal side, you can not force this man to be tested at the same time as the current known father. You would have to prove that the current legally registered man is not the father. But here is the kicker, because you husband accepted the child as his own then he can not give up that responsibility even if the test proves he is not the father. Therefore a court would not order other testing since there is a legal father.

The defense this other man could use is basically what IAAL stated and also the TN code that states you only have 24 months from the acceptance of your husband who is deemed to be the father, to then be contested. Basically, unless otherwise shown, your husband is presumed to be the father if you were still married 300 days after the birth of the child. This presumption is open to be contested up to 24 months after the acceptance of the child unless there was fraud involved in making the man believe he was the father. Since your husband knew he might not be the father but accepted the child anyway, then there is no fraud and he legally took the role as the father.

If you want some bed time reading then his TN appeal case will give you a lot more info and also a crap load of other cases to review. White v Armstrong - 01A01-9712-JV-00735


So, a miracle has happened, the child has successfully taken the man to court, made him pay a crap load of money to defend himself and finally a test shows he is the father. Now what ? You ask him for his medical records/history and he tells you to ______ (fill in the blanks as needed)



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Psst.. I am not an attorney, and even if I was, I would not tell you. Which technically could mean I am an attorney, but I would not tell you either way. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by arghhh:
[b]well, i doubt anyone will try to explain it now with the attitude you have taken. it is very simple. and maybe after 3 times, you will get it. have the "legal" father, take the test, if it is negative, she will have "what she wants", unless your motives really aren't just for the medical. simple. what a nice guy who paid support for a child who was possibly not his. seems odd he didn't want to see her.

the reason for the concern is probably because people suspect ulterior motives here. you should have done paternity testing then, to make the real dad pay. but you probably knew that the other guy might not pay and took the easy way out. tell your daughter sorry, you messed up the chance then.[/b]<HR></BLOCKQUOTE>

Honestly guys, I have no motive here except to give my child "proof" of her biological father. I have a college degree and have been very blessed with a business that provides us with a very good lifestyle. I don't want or need their money. She is in college and maybe at the age of "finding" herself. The reason I waited til 18 is so that the "other" guy would feel more comfortable with the fact that it is not a "money" issue. The legal father choose drinking over the family life in the early years and now regrets not knowing her. She is a great kid, very responsible, and a blessing to all who choose to know her.

It was always obivious to me that the legal father would be tested first. They had decided that nothing would change (birth cert. name, etc).

I really don't have an attitude but now feel like I can relate a little to folks assuming the worst about other folks (maybe not true but that is how I recieved it when everyone jumped to conclusions instead of just explaining tn code). I guess it did cause me to go on the defensive alittle, Sorry and thanks for your input.

Legalbeagle, Thanks so much. I appreciate you taking the time to explain. Your answer helps me to understand "why". I can rest in peace now totally understanding the process. If you are not a lawyer you should be and if you are a lawyer, I recommend you Have a great day!

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by wanttoknow:
[b]Legalbeagle, Thanks so much. I appreciate you taking the time to explain. Your answer helps me to understand "why". I can rest in peace now totally understanding the process. [/b]<HR></BLOCKQUOTE>

Your welcome.. I hope your daughter finds what she is looking for...