Legal Question in Family Law in Tennessee

Child resulted out of affair: what rights do the married parents have over the b

I am married with three kids and had an affair that resulted in a fourth child. My husband and I stayed together and he decided to raise the child as his own. His name is on the birth certificate. The biological father blackmailed me into having a paternity test with the belief that afterwards he would allow my husband to raise the child. Now the biological father is threatening to take me to court for joint custody of the child. Can he do this and what rights do I and my husband have regarding this matter? The biological father does not have a very steady job or life for that matter and my husband has a steady, well paying job and I am in nursing school and will be graduating in June. The biological father also has a severe form of epilepsy which would hinder him from ever being able to take care of the child by himself.


Asked on 1/31/03, 8:49 pm

1 Answer from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: Child resulted out of affair: what rights do the married parents have over t

There are a number of issues involved in your post, and a number of things you should do, perhaps most importantly you should schedule an office appointment with an attorney to discuss things in detail and to set out your plan for protecting your family from the disruption your former lover could create in everyone's life and also to end his blackmail. Depending on the age of the child you and your husband might consider adopting, because this process would permanently and irrevocably terminate the biological father's rights and install your husband as the legal father. If the child is old enough the child would grasp what was happening, you might not want to do this because the child would learn things you would rather the child not know. You also need to consider acting in a proactive manner to the blackmail, instead of a reactive manner. I would start by recording conversations with him to clearly establish what he is doing, which is to say he is committing extortion and using the child for his benefit. You might never report him for criminal prosecution, but it would be nice to be able to do so, and having recordings of his attempts at extortion would also do wonders to limit (or entirely avoid) his time with the child if he ever did go to court. Take a look at my website for link #16 on Recording Coversations to see what the law is on this, and call me at 423-267-4391 to discuss your options generall

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Answered on 2/01/03, 8:23 am


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