Paternity question

[Neysa]

What is the name of your state? Tennessee

I have read several posts that seem to come for the other side of this question, so I am asking to verify that I am understanding this situation.

My son is involved with a young married woman who has been separated for several months now, and has come up pregnant. She tells my son it is his.

As far as I know, these are the facts
1) she is still legally married and gets child support payments through DHS with her food stamps

2)she has been with her husband overnight on more than one occasion since she and my son became intimate

3)she has given custody of her children to her mother temporarily in the past, their status at this time I am not certain of

Now, my questions are:

a)can she have my son's name put on the birth certificate since she is legally married?

b)can I(or anyone) keep her from doing that?

c)if she manages to get his name instead of her husbands name - can my son still do the dna test and try to get custody if it does turn out to be my son's child

d)should he consult an attorney before the birth? or does this sound like the test should be all we need to worry about?

Thanks in advance!!

Neysa

[stealth2]

Originally Posted by Neysa

a)can she have my son's name put on the birth certificate since she is legally married?

A: Depends entirely on TN state law.

b)can I(or anyone) keep her from doing that?

A: You can do nothing. If TN state law prohibits her from doing so, then she can't. Otherwise, she can pretty well do as she pleases.

c)if she manages to get his name instead of her husbands name - can my son still do the dna test and try to get custody if it does turn out to be my son's child

A: Your son can petition the court for a DNA test regardless. If it is his child, he can file for custody and/or visitation.

d)should he consult an attorney before the birth? or does this sound like the test should be all we need to worry about?

A: That is up to him.

At the end of the day, your son should know that she can come after him to establish paternity at any time over the next 18 years. If this is his child - he will be responsible for supporting him/her from that point forward, as well as repaying the state for any state benefits Mom may have relied on during the child's life. Plus interest. He should give serious thought to doing the right thing if it is his child. And, if he doesn't want to be responsible for his progeny, he should give some serious thought to who he becomes involved with in the future. It's not a game, and it's not cute to try and get out of supporting a kid you've created. If he's not mature enough to take responsibility for his actions, then he's not mature enough to be out spreading his seed. I certainly hope you're not encouraging him to walk away from this.