fbpx

Tennessee Divorce Involving Paternity Testing

Divorcing When A Child’s Biological Father is Not the Husband

So you have decided the marriage is over. There is a child on the way. Or a child was recently born. A question must be answered: Is the husband the father of this child? For husbands this is usually a great big unknown. For wives this answer is often already known or suspected. Unfortunately, affairs occur and children conceived or born during the marriage may involve another person.

Tennessee Law Presumes Husband as Father

From the early days of common law, marital presumption of fatherhood means children born during marriage result from the marriage. This presumption still exists today. In fact, even 300 days post divorce a child is legally presumed to be fathered by the husband. Any doubts about paternity must be timely addressed before the Court. An unchallenged presumption of paternity leads to a court order difficult to reverse. Seek legal advice from an experienced divorce lawyer.

Challenging Presumption of Paternity

If in doubt challenge the presumption. To ensure proper paternity determinations, the issue must be addressed during the divorce proceedings. Usually, cases of disputed paternity require scientific DNA testing to determine the biological parentage of the child. Definitely discuss any doubts about parentage and the presumption of paternity with your divorce attorney.

Related Articles