Across the United States each year, a large percentage of children are born to unmarried parents. State law requires the father to support the child financially, but sometimes the father is hesitant to officially acknowledge paternity of the child. This Paternity Laws and Procedures Handbook provides state-specific paternity resources for establishing paternity, and discusses the relevant law and procedures in a general, and easily understood manner. A law summary of the paternity laws in your state is provided. Voluntary paternity establishment and paternity establishment through court action are discussed, as is the genetic testing that the court may order to confirm paternity in doubtful cases. Reading this Handbook will allow you to go forward in the paternity establishment process with the confidence of knowing what to expect at each turn, and provide you with the points of contact in your state for the people and resources that can help you and your child succeed.
Memphis Tennessee Paternity Law and Procedure Handbook
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FAQ
If you did not agree, children services, during proceedings, can seek an order from the court ordering that a DNA test take place because they are trying to assess for risk. What action they take will depend on what are the risks to your baby.
Paternity is automatically established if the parents are married to each other when the child is born. The mother's husband is considered the legal father, and his name will be placed on the child's birth certificate.
biological parent is typically not going to be obligated to pay any type of child support after a separation or a divorce from the child's biological parents. However, there is an exception of the child has been adopted.
An action to establish parentage may be brought before or after the birth of the child until three (3) years after the age of majority. The age of majority in Tennessee is 18, thus a Petition in order to establish paternity may be brought until the child is 21 years old.
Under House Bill 2698/Senate Bill 1777 unwed fathers could still voluntarily sign, but in order for the birth certificate to be officially validated, the signer must provide the results of a DNA test to Vital Records. This will insure that the actual biological father is listed on the birth certificate of the child.
Legal parents have the right to have a relationship with their child and to visit their child. Once a father acknowledges paternity, he gains these rights. If parents cannot agree on custody or visitation, parents may obtain a Court Order.
The child support office can schedule DNA testing to determine whether or not the individual is the father. After positive DNA testing results are returned to the local child support office from the certified DNA lab, paternity will be established through court order.
If a mother refuses to determine paternity for legal reasons, a court can order a paternity test be carried out. A mother has to give her consent for children to have a DNA test but the court can override any refusal if it considers it's in the child's best interest for the sample to be taken.
Legally, the courts cannot force the man to take the DNA test, but with undergoing such a test, he stands to lose nothing and it will help the case to progress. If he refuses the DNA test on financial grounds, for example, an inability to pay for the DNA testing, the CMS will pay for it.