Childs father evading being served papers

[tabbe25]

I am using a process server with my lawyer to have my child's father served papers. He keeps purposely evading being served. I have heard that I can public serve him. My lawyer says no to but I am paying each time they have to serve him. Can I public serve him or is there another to have him served? I am in Tennessee.

 

[LdiJ]

I am using a process server with my lawyer to have my child's father served papers. He keeps purposely evading being served. I have heard that I can public serve him. My lawyer says no to but I am paying each time they have to serve him. Can I public serve him or is there another to have him served? I am in Tennessee.

Your attorney could ask the judge to give you permission to serve him by publication. Is it necessary to establish paternity as well, or is that already done?

 

[tabbe25]

Your attorney could ask the judge to give you permission to serve him by publication. Is it necessary to establish paternity as well, or is that already done?

We have not done that. He signed the birth certificate and has had her on his health insurance since birth. Will I have to establish paternity? He has child support taken out of his check already for his other children.

 

[Zigner]

I am using a process server with my lawyer to have my child's father served papers. He keeps purposely evading being served. I have heard that I can public serve him. My lawyer says no to but I am paying each time they have to serve him. Can I public serve him or is there another to have him served? I am in Tennessee.

You are represented. Your attorney has all of the facts of the matter. Please ignore anybody here who may disagree with your attorney on this matter.

 

[LdiJ]

We have not done that. He signed the birth certificate and has had her on his health insurance since birth. Will I have to establish paternity? He has child support taken out of his check already for his other children.

If he is already on the birth certificate then paternity has been established.

 

[PayrollHRGuy]

If he is already on the birth certificate then paternity has been established.

Do you have a cite for that?

 

[Zigner]

Do you have a cite for that?

To be put on the birth certificate, both parents would have signed a VAoP which establishes paternity: https://www.tn.gov/humanservices/for-families/child-support-services/tennessee-paternity-acknowledgment-program--tn-vaop-.html

 

[LdiJ]

Do you have a cite for that?

Why would anyone ask for a cite for that? Someone who is on a child's birth certificate is the child's legal father. Please feel free to prove that I am wrong. Seriously PayrollHRGuy, if you wanted to nit pick at me that was the worst post to elect to use.

 

[Taxing Matters]

Why would anyone ask for a cite for that? Someone who is on a child's birth certificate is the child's legal father. Please feel free to prove that I am wrong. Seriously PayrollHRGuy, if you wanted to nit pick at me that was the worst post to elect to use.

Just as an FYI in some states person shown on a birth certificate might not have signed the affidavit of paternity (AOP), and it is generally the AOP that is needed to establish paternity without going to court when the parents are not married. This is another one of those things in which the applicable state law varies.

 

[LdiJ]

Just as an FYI in some states person shown on a birth certificate might not have signed the affidavit of paternity (AOP), and it is generally the AOP that is needed to establish paternity without going to court when the parents are not married. This is another one of those things in which the applicable state law varies.

Can you name a state where the father can be put on the birth certificate without signing the AOP? A father who is married to the mother can, but never in the 25 plus years that I have been participating on forums like these have I ever seen a situation where a father has been put on the BC without signing the AOP. If there was a state that allowed that, then mothers could put anyone they wanted on the BC. The AOP is how the father gives the hospital permission to put him on the BC.

 

[quincy]

Current through 2017, “The Rights of Unmarried Fathers:”
https://www.childwelfare.gov/pubPDFs/putative.pdf

 

[TheGeekess]

Can you name a state where the father can be put on the birth certificate without signing the AOP? A father who is married to the mother can, but never in the 25 plus years that I have been participating on forums like these have I ever seen a situation where a father has been put on the BC without signing the AOP. If there was a state that allowed that, then mothers could put anyone they wanted on the BC. The AOP is how the father gives the hospital permission to put him on the BC.

When I had my daughter, the lady filling out the BC wanted to know if I wanted to put the father's name of my daughter's BC. Umm, no. That was in Bama, over 20 years ago, but I'm willing to bet it still happens.

 

[bcr229]

These are the rules of civil procedure for TN for serving a defendant:
https://www.tncourts.gov/rules/rules-civil-procedure/404

These are the laws for service by publication for serving a defendant who resides in TN but whose abode/residence/etc. can not be found, or who seems to be ducking service:
https://law.justia.com/codes/tennessee/2010/title-21/chapter-1/part-2/21-1-203/
https://law.justia.com/codes/tennessee/2010/title-21/chapter-1/part-2/21-1-204/

While it is possible to request service by publication, it may not be appropriate to start the process now. Ask your attorney why the failed attempts made so far to serve your ex are not enough to justify starting the request to use it.

 

[Zigner]

Just as an FYI in some states person shown on a birth certificate might not have signed the affidavit of paternity (AOP), and it is generally the AOP that is needed to establish paternity without going to court when the parents are not married. This is another one of those things in which the applicable state law varies.

With all due respect: This thread is about Tennessee law. In Tennessee, the law requires it in this situation.

 

[Taxing Matters]

With all due respect: This thread is about Tennessee law. In Tennessee, the law requires it in this situation.

I never said otherwise, did I?