children conceived prior to marriage and custody rights

[iamallisone]

In Tennessee ... if a child was conceived 10 yrs prior to being married to the childs father and thebn the parents separate and the mother files for child support, and the father is out of the home does this still give the father equal custody rights or is custody defaulted to the mother.

 

[LdiJ]

In Tennessee ... if a child was conceived 10 yrs prior to being married to the childs father and thebn the parents separate and the mother files for child support, and the father is out of the home does this still give the father equal custody rights or is custody defaulted to the mother.

You can get some information here:

https://info.legalzoom.com/tennessee-law-granting-custody-people-not-married-23635.html

However, you have an unusual situation in that your child was born out of wedlock but you later married her father. Has his paternity been legally established?

 

[iamallisone]

You can get some information here:

https://info.legalzoom.com/tennessee-law-granting-custody-people-not-married-23635.html

However, you have an unusual situation in that your child was born out of wedlock but you later married her father. Has his paternity been legally established?

I think so being that he is on the birth certificate and there has already been a child support order initiated as a result of receiving families first benefits during my pregnancy. However, that order as a zero amount of support established until another request to open that case is initiated. He was however ordered to provide medical insurance which he has not done in the past 12 years of our daughters life (she is now 13) and he finally has a job that offers it so she is covered both through his employer and thruogh tenn care now if I'm not mistaken.

 

[iamallisone]

Throughout our relationship since our daughter was born we have only spent approximately 6 months ACCUMULATIVE together each year due to his affairs and alcoholism. I have received food stamps the entire time my daughter has been alive but have not received any further cash benefits since her birth.

 

[LdiJ]

I think so being that he is on the birth certificate and there has already been a child support order initiated as a result of receiving families first benefits during my pregnancy. However, that order as a zero amount of support established until another request to open that case is initiated. He was however ordered to provide medical insurance which he has not done in the past 12 years of our daughters life (she is now 13) and he finally has a job that offers it so she is covered both through his employer and thruogh tenn care now if I'm not mistaken.

I suspect that the court will treat him as having equal legal rights. However, his legal rights do not supersede yours either.

 

[iamallisone]

What is the name of your state?TN

My daughters 13. Me and her father married 4 yrs ago and have been separated on and off the entire time until finally separating for good last April. An order for support was created approx 12 yurs ago as a result of receiving families first benefits for about 5 months while i was pregnant but the amount of the order was set aside until another request was issued but the father was required to provide medical insurance coverage. What are the pros and cons and or differences between filing for support from a private lawyer when i decide to file for divorce compared to just going through the TN department of Child support services

 

[iamallisone]

is it better for me to go ahead and reopen this child support case through TN Child support services and then go ahead and file for my divorce ? Wouldn't doing it this way avoid having to deal with the whole child support issue, in turn, making divorce less costly ? Im thinking if I do it this way then all i have to do with the divorce is just deal with custody or visitation and splitting assets such as his 401 k and some of the money he may owe me as a result of wasteful spending during our marriage and cancellation of the life insurance policy he has on me and or the request to have medical insurance on me until i remarry if possible,.

 

[HRZ]

For his employer to carry you on his medical is ultra unlikely post divorce.
He is free to cancel life insurance

I don't know if wasteful spending is a recoverable issue in your state ...do you?

Odds are private counsel is better equipped to help you address priorities and options, especially which options might be of economic payout to help support the child's needs .

 

[not2cleverRed]

is it better for me to go ahead and reopen this child support case through TN Child support services and then go ahead and file for my divorce ? Wouldn't doing it this way avoid having to deal with the whole child support issue, in turn, making divorce less costly ? Im thinking if I do it this way then all i have to do with the divorce is just deal with custody or visitation and splitting assets such as his 401 k and some of the money he may owe me as a result of wasteful spending during our marriage and cancellation of the life insurance policy he has on me and or the request to have medical insurance on me until i remarry if possible,.

Throw the whole kit and caboodle into the divorce action, including a request that cs be handled by TN cs services. That will simplify things.

The advantage of going through TN cs services is that they can garnish his W2 wages very easily. They have tools for enforcing an order that you do not.

 

[xylene]

Does he have or has he come into some money? The claims for waste and the life insurance make a lot more sense if so...

 

[laurakaye]

For his employer to carry you on his medical is ultra unlikely post divorce.

I'm pretty sure this isn't legal.

I stayed legally married to my estranged husband for three extra years so he could stay on my medical insurance (back in the days of yore when companies could deny coverage based on pre-existing conditions). The cost differential between Employee/Family and Employee/Children was neglible, and while I didn't want to be married to him any longer, he was/is the father of my children and I didn't want him to die because he couldn't get the medication he needed. But we definitely had to be legally married to him to keep him on my policy.

 

[laurakaye]

You wrote: "Im thinking if I do it this way then all i have to do with the divorce is just deal with custody or visitation and splitting assets such as his 401 k... "

If you're married and he has been able to accumulate money is a 401(k) retirement account, I'm surprised you've been eligible for SNAP (food stamps) during your daughter's entire life. That's confusing to me.

 

[stealth2]

It is not unusual for divorced parents to carry life insurance on each other in the event of their death prior to the child(ren) turning 18. As in, for it to be court ordered. He will not likely be able to keep you on his employer-provided health insurance once you are divorced - why do you feel he should be ordered to carry it privately for you?