Memphis Tennessee Petition to Establish Paternity and to Establish Child Support
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How to fill out Tennessee Petition To Establish Paternity And To Establish Child Support?
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FAQ
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.
The father's name may be added to a birth certificate by completing a Voluntary Acknowledgment of Paternity, if all of the following are true: The child has not yet reached their 19th birthday. The mother was not married at the time the child was born or within 300 days prior to the child's birth.
If the mother and father of a child are married to each other when a child is born, legal paternity is automatically established in Tennessee. The mother's husband is considered the legal father, and his name will be denoted on the child's birth certificate as the father.
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.
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.
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.
The notice of a claim of paternity may be filed before the birth of the child but shall be filed within 30 days after the birth of the child.
The mother and father must both sign the same form in front of a notary. Once signed and notarized, the Acknowledgment of Paternity must be filed with, or sent to, the Office of Vital Records. Once properly filed, the father is the legal father of the child and his name will be added to the child's birth certificate.
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.