paternity test are in now what?

Last year my husband got a call from his ex stating that he needed to take a paternity test. this child is almost 10 years old and he was never aware of her pregnancy, well he went for the paternity and we just got the results for the test and he is the father. i am devastated,hurt and angry. my question is can the grandmother (she has the child) ask for back child support? we live in tennessee we are gonna talk to a lawyer to fight this back child support(i think) he has no problem paying the child support but he does have a problem with paying back support for something he knew nothing about. i dont understand how all this works. whats the best way to handle this situation? we havent told our two children they are 8 and 4. I think that all parties involved need to get family counseling. I am not angry at this child he didnt ask to be in this situation but the adults could have at least tried to contact us before the child was born. any information would be helpful. i cant help the way i feel. we are talking about a human being. what about his feelings? anyways thanks stephylou

Dear stephylou:
I use to practice family law in Calif. Therefore, I don't know the specifics of Tennessee family law and even my knowledge of Calif law is a little rusty but perhaps I can give you a heads-up.

First, I think your idea of consulting with a local family law attorney is a smart idea; then you will get definitive answers to your questions.

Regarding the paternity testing itself: Talk with your attorney about whether this action can be brought so late in the game. Some states put a time limit on paternity testing; I don't know if TN is one of those states. Also, the timeline of the birth of this child in relation to their divorce may make a difference. Again, discuss this with your attorney.

Regarding back support: Unless mom or the child's guardian went on state aid or unless there is a current child support order in effect, mom (or grandmom) probably can't get back support.

Regarding current support: If the paternity issue isn't time barred, your husband will probably have to pay ongoing child support. Every state calculates this amount differently. The family law attorney you talk with should be able to explain how TN handles this issue. Consider taking your financial documents in when you have your initial consultation; perhaps the attorney can determine an approximate amount based on your last 2 years of income tax returns and your last 3 paystubs.

Regarding all the emotional issues: Whew! This is going to be a stressful time for everyone, especially you and your husband! Don't shy away from support groups, or counseling with spiritual or secular advisors, or other types of assistance. The more help and support, the better!

Best of luck to you, styphylou. Please come back if we can be of further assistance.

Was he court ordered to take the test or just did it anyway ?

Were they married at the time ?

If they were not married, was she married to anyone else..

Did anyone else claim the child as theirs in your husbands absence ?

To expland on FFLA statements.. if someone else has claimed the child as theirs then there is nothing she can do to your hubby now. Here is TN law regarding paternity.


36-2-304. Presumption of parentage.


(a) A man is rebuttably presumed to be the father of a child if:
(1) He and the child's mother are married or have been married to each other and the child is born during the marriage or within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
(2) Before the child's birth, he and the mother have attempted to marry each other in compliance with the law, although the attempted marriage is or could be declared illegal, void and voidable;
(3) After the child's birth, he and the mother have married or attempted to marry each other in compliance with the law although such marriage is or could be declared illegal, void, or voidable; and:
(A) He has acknowledged his paternity of the child in a writing filed under the putative father registry established by the department of children services, pursuant to § 36-2-318; or
(B) He has consented in writing to be named the child's father on the birth certificate; or
(C) He is obligated to support the child under a written voluntary promise or by court order;
(4) While the child is under the age of majority, he receives the child into his home and openly holds the child out as his natural child; or
(5) Genetic tests have been administered as provided in § 24-7-112, an exclusion has not occurred, and the test results show a statistical probability of parentage of ninety-five percent (95%) or greater.
(b) (1) Except as provided in subdivision (b)(2), a presumption under subsection (a) may be rebutted in an appropriate action.
(2) (A) If the mother was legally married and living with her husband at the time of conception and has remained together with that husband through the date a petition to establish parentage is filed and both the mother and her husband file a sworn answer stating that the husband is the father of the child, any action seeking to establish parentage must be brought within twelve (12) months of the birth of the child. In the event that an action is dismissed based upon the filing of such a sworn answer, the husband and wife who filed such sworn answer shall be estopped to deny paternity in any future action.
(B) A petition to establish parentage may be brought under this part if a dismissal of a petition under the prior legitimization statutes was based upon the mother's marriage to another man at the time of conception or upon the petitioner's lack of standing. In such cases, the requirements of subdivision (b)(2)(A) requiring a petition to be filed within twelve (12) months of the birth of the child shall not apply. It is the intent of the general assembly that putative fathers who filed a cause of action under this chapter prior to the July 1, 1997, effective date of Acts 1997, ch. 477, and whose action was so dismissed, shall have an opportunity to prosecute a single cause of action under this part. Thus, the doctrines of res judicata and collateral estoppel shall not bar such new or pending action, nor shall any statute of limitation which may have run bar such new or pending action. It is the clear and unequivocal intent of the general assembly that this provision shall be applied retroactively to such petitions to establish parentage. No such retroactive application shall, however, abrogate the provisions of § 36-1-122.
(3) The standard of proof in an action to rebut paternity shall be by preponderance of the evidence.
(c) All prior presumptions of parentage established by the previous paternity and legitimation statutes and cases are abolished.



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Psst.. I am not an attorney, and even if I was, I would not tell you. 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.

Hi Steph, this SAME situation happened to us a few months ago, but we are in CA, biomom and child are in IN. We had to pay back support from the date she filed the paperwork with the Famiy Services Division, about 6 months worth, the paternity test, and current support. We have 3 children of our own, and biomom has 3 children, all different dads never married to any. My husband is having his name put on child's birth certificate, and is changing her last name. We had her here for the entire summer, and she is a good girl. Unfortunatley, when my husband went back to court, the judge asked him if he was "okay" with the mom reataining custody, and he said 'for right now.' Now, mom has SOLE custody and won't even let us talk to the child on the phone, has intercepted the cards I've sent, etc. We don't get to claim the girl as an exemption, either. The only way to fight it is to go back to court, 2,500 miles away. Learn from our mistakes, make sure you get visitation rights set forth by the court at the hearing, or you will end up paying for somebody you don't even get to share in parenting. It hurts, trust me. I bonded with this girl, even after the pain of finding out about her.
Good luck, and if you want to write to me, let me know, I can send you my email address.
Jessica/CA

Don't you just admire how people do "what's best for their children?" Why is it that when One has custody of a child and is angry or intimidated or whatever, the first thing they do is cut off communication between parent and child? Why do people play these games? I don't care much for my step-kid's mom, (drugs, adultery, spousal abuse) but who am I to judge? What kind of person would that make ME to cut her off? Such a big person, I don't like you I'm taking my toys and going home. People.

He did date her they broke up he never had contact with her. she was married to someone else( i think) she had to go apply for government assistance, thats why all this came about. they asked who the father was and she called my husband and told him that he needed to go take a patenity test. he got a letter in the mail that stated that he was ordered by the courts to go for a child support hearing. if not he would be incontempt of court. anyways he went to the meeting and the woman ( the social worker) asked him if he wanted a paternity test. he said yeah and he had the test done and it came back 99.6%. i dont agree with any of this i dont think its fair that if a woman gets pregnant and doesnt notify the father within a few years then she cant come back and get back pay. i mean the way i look at it we are total strangers to him and him to us. its gonna be hard on all parties because i dont know what they have told hime about his situation. they never discussed marriage when they were together. im not sure about any thing else i just know what he told me. that the only reason he was notified was he was the only one she could find. and that he wasnt the only one. in the event the child does come to my house i wont treat him any different that i do my own its gonna be hard but i can deal with it.hes not to blame here. i dont know these people at all. other friends of ours tells hubby he should get him. i dont know what we are going to do. we will do whats best for all involved. thanks stephylou

The key thing here is that she was married.. before he agrees to anything, an attorney needs to check to see if the husband assumed paternity.. cos if he did and it has been at least 2 years since, then he can now not be held liable..

If no one assumed paternity, then yes, he is going to be financially responsible from the moment the mother filed the paperwork.

It will be up to him if he fights for visitation..

Personally, I think there should be a law against a mother hiding a child from a father and then not being allowed to change their mind past 2 years.. unless of course they have no idea where the father is.



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Psst.. I am not an attorney, and even if I was, I would not tell you. 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.

Thanks for the advice i greatly appreciate it.Im not sure what we are going to do. The one thing i do know is that we are gonna get a attorney. then we will know what we are up against. This whole situation is not fair to anyone. I was very angry and hurt but have had time to calm down somewhat. it still upsets me that if they want to they can get back pay. well thats taking away from my kids. im sorry if it sounds mean but i am being honest. but it really pisses me off to think they have the right to do that. what about my husbands rights? does he not have any say so? i could never hide the fact that someone fathered my child no matter what (if i was in that situation. to answer your question about the marriage i know she was married before but not sure how long, apparently it was a while. because this all just happened in may of 99. i thought that if a man supports a child over a period of years then he is responsible for that child. was i wrong? im not sure about what was on the birth certificate apparently no one was on there because thats why the paternity test was done to find the father. there also was no mention of them marrying. they broke up and was never in contact with each other.anyways thanks so much.

Mine is a sort of a similar case but it was supposed to be kept in the past. 10 years ago my husband and I were separated there was another man involved and it didn't work out. My husband and I talked and decided to give our marriage another shot. The issue of me being pregnant was discussed. We divorced two years later ( very ugly ) and he received sole custody. Now nine years later he is re-married and they have told the child that she is not his. There is two children from this marriage and he has one with his new wife plus one on the way. The nine year old is being treated unfairly and mentally abused. Leaglebeagle, with the TN laws that you posted ( I live in TN ) does this mean this could never become a case to fight for custody? The oldest doesn't want to leave but the 9 nine has stated that she wants to come live with me. Should I just try for custody or should I bring up paternity? Any advice?