16 comments


  • Chris

    It is stated above that’s a man is considered to be the father if

    ● The minor child resides with the man who “openly holds the child out as [his] natural child.”

    If the identity of the biological father is unknown, but there is a man that has acknowledged the child to be his own, does the state recognize this as grounds for a AOP so that the Mans name may be added to the childs birth certificate?

    December 05, 2014
    • That is a great question. I would want to know more facts. Plus, it has been my experience what the “state” recognizes can be a policy decision that is also situation specific. Please discuss this with an experienced family law attorney.
      Miles Mason, Sr.
      Attorney, Miles Mason Family Law Group, PLC, Serving clients in Memphis • Germantown • Collierville • West Tennessee. Our response is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only way to obtain complete and adequate legal advice is to consult with an experienced Tennessee family law attorney, let the attorney review pleadings and orders, listen to you, ask follow up questions, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an opinion. The basic information provided is intended as a public service only. A complete discussion with an attorney should be undertaken before taking any action. All information on this site is available for public viewing and is not intended to create an attorney-client relationship with anyone. Answers are provided for informational purposes only. We strive to be your best option for finding a Memphis divorce lawyer, Germantown divorce lawyer, Collierville divorce lawyer or West Tennessee divorce lawyer.

      December 07, 2014
  • diane

    My son just found out he is most likely the father to a 4 year old child that He knew nothing about. The mother had another man sign the birth certificate saying he was The father. My son wants to have a DNA done and be in the child’s life if proven it is his. What can be done short of having an attorney? The juvenile court said He could file a petition on his own with correct paperwork but we have no idea where to get paperwork.

    August 18, 2015
    • I recommend you visit with an experienced Tennessee family law attorney and discuss the details of your particular situation. The cost may not be nearly as expensive as you may think to find the help you need.
      Miles Mason, Sr.
      Attorney, Miles Mason Family Law Group, PLC. Serving clients in Memphis • Germantown • Collierville • West Tennessee. Our response is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only way to obtain complete and adequate legal advice is to consult with an experienced Tennessee family law attorney, let the attorney review pleadings and orders, listen to you, ask follow up questions, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an opinion. The basic information provided is intended as a public service only. A complete discussion with an attorney should be undertaken before taking any action. All information on this site is available for public viewing and is not intended to create an attorney-client relationship with anyone. Answers are provided for informational purposes only.

      August 20, 2015
  • Mike

    My ex girlfriend (who is still legally married) claims to have had my child. I reached out to her when the child was born and offered help, she didn’t respond until 3 months later when she asked for child support, but refused visitation or DNA testing, and threatened court action. I told her we could settle it in court. Another 10 months go by and she contacts me again (all of these are via text, and I have the records to prove) asking for 13 months of back support and asked me if I wanted to handle this privately or go to court. I said I wanted a DNA test, she again declined. I had also offered to pay for said DNA test myself. What I am wondering is if she does finally take this to court, and if the child is indeed mine, would I have to pay the back support despite my efforts to help but was being denied DNA testing?

    August 19, 2015
    • It is likely. I recommend you visit with an experienced Tennessee family law attorney and discuss the details of your particular situation. Discuss filing a petition seeking a paternity test. If the child is yours, seeking visitation rights.
      Miles Mason, Sr.
      Attorney, Miles Mason Family Law Group, PLC. Serving clients in Memphis • Germantown • Collierville • West Tennessee. Our response is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only way to obtain complete and adequate legal advice is to consult with an experienced Tennessee family law attorney, let the attorney review pleadings and orders, listen to you, ask follow up questions, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an opinion. The basic information provided is intended as a public service only. A complete discussion with an attorney should be undertaken before taking any action. All information on this site is available for public viewing and is not intended to create an attorney-client relationship with anyone. Answers are provided for informational purposes only.

      August 20, 2015
  • Rica

    My son received a petition for paternity and child support today, filed by a much older woman, whom he has never met. We don’t know how she got his name, address, etc.What steps does he need to take to end this madness?We know that he has to appear in court, but what can he do in the meantime? She filed in the county that she lives in, which is different from where we live.

    August 27, 2015
    • To answer the question, any lawyer would need to review the legal pleadings and interview your son in order to advise him. I recommend you visit with an experienced Tennessee family law attorney and discuss the details of your particular situation.
      Miles Mason, Sr.
      Attorney, Miles Mason Family Law Group, PLC. Serving clients in Memphis • Germantown • Collierville • West Tennessee. Our response is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only way to obtain complete and adequate legal advice is to consult with an experienced Tennessee family law attorney, let the attorney review pleadings and orders, listen to you, ask follow up questions, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an opinion. The basic information provided is intended as a public service only. A complete discussion with an attorney should be undertaken before taking any action. All information on this site is available for public viewing and is not intended to create an attorney-client relationship with anyone. Answers are provided for informational purposes only.

      September 23, 2015
  • Linda Pellegrini

    My active duty son who is in the army and 21 at the time, married an 18 year old girl who was pregnant with another soldiers baby and openly admitts to it. He signed the birth certificate when the baby was born and within a year of marriage received orders for Korea. Mid tour she said she wanted a divorce. After a week she realized she was making a mistake for what was best for her and baby. When he returned she went to his current duty station but said she does not love him and was planning on going back home in 4 months for good and staying with her parents.
    The child is now 2 1/2 years old, can he claim disestablishment?

    August 29, 2015
    • That’s a very difficult question. My answer might depend on a review of the documents involved and a thorough interview about who said what and when. In general, Tennessee law does not like to declare a man is not a father (even if the person is not the father) without another father being named. I recommend you visit with an experienced Tennessee family law attorney and discuss the details of your particular situation.
      Miles Mason, Sr.
      Attorney, Miles Mason Family Law Group, PLC. Serving clients in Memphis • Germantown • Collierville • West Tennessee. Our response is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only way to obtain complete and adequate legal advice is to consult with an experienced Tennessee family law attorney, let the attorney review pleadings and orders, listen to you, ask follow up questions, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an opinion. The basic information provided is intended as a public service only. A complete discussion with an attorney should be undertaken before taking any action. All information on this site is available for public viewing and is not intended to create an attorney-client relationship with anyone. Answers are provided for informational purposes only.

      September 23, 2015
  • Clay

    I was able to win my case to disestablish paternity only if I agreed to pay an arrearage. She said I was the only person she had been with throughout our juvenile court hearings. Then of course the DNA test came back as me not being the child’s father. I am looking to sue for paternity fraud but I am not looking for anything extra except for her to pay what I am suppose to or to drop the arrearage all together. Would I be wasting my time in doing this? Thank you.

    September 23, 2015
    • I recommend you weigh the likelihood of winning AND recovering your money back against the cost of bringing a paternity fraud action. Paternity fraud cases are not an everyday type of legal matter. Plus, there is very little law on the topic to guide lawyers and judges. And, each case is usually very fact specific. I recommend you visit with an experienced Tennessee family law attorney and discuss the details of your particular situation. Consider seeing more than one attorney and get more than one opinion before jumping into a lawsuit.
      Miles Mason, Sr.
      Attorney, Miles Mason Family Law Group, PLC. Serving clients in Memphis • Germantown • Collierville • West Tennessee. Our response is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only way to obtain complete and adequate legal advice is to consult with an experienced Tennessee family law attorney, let the attorney review pleadings and orders, listen to you, ask follow up questions, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an opinion. The basic information provided is intended as a public service only. A complete discussion with an attorney should be undertaken before taking any action. All information on this site is available for public viewing and is not intended to create an attorney-client relationship with anyone. Answers are provided for informational purposes only.

      September 26, 2015
  • Tiffany

    My husband and I have a 4 month old little girl, and there is man trying to take her from us claiming to be her father. Is there anything we can do to stop this?

    September 28, 2015
    • I recommend you visit with an experienced Tennessee family law attorney and discuss the details of your particular situation. Legal research may be required because these issues don’t arise often. Tennessee law applicable to this situation was changed around 10 years ago or so. I had a case before the Supreme Court of Tennessee on this exact issue, but the law has changed since then.
      Miles Mason, Sr.
      Attorney, Miles Mason Family Law Group, PLC. Serving clients in Memphis • Germantown • Collierville • West Tennessee. Our response is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only way to obtain complete and adequate legal advice is to consult with an experienced Tennessee family law attorney, let the attorney review pleadings and orders, listen to you, ask follow up questions, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an opinion. The basic information provided is intended as a public service only. A complete discussion with an attorney should be undertaken before taking any action. All information on this site is available for public viewing and is not intended to create an attorney-client relationship with anyone. Answers are provided for informational purposes only.

      October 01, 2015
  • Pat Bell

    My son received a completely bogus petition by an unknown woman in a far away state for a child born 6 years ago. Doesn’t a woman need to prove that she has met the man if she claims he is the father of a child?
    Why do we need to incur the cost of an attorney and paternity testing to disprove this scam?

    November 02, 2015
    • This is always a tough situation. I recommend you visit with an experienced Tennessee family law attorney and discuss the details of your particular situation. Depending on the situation and your local judge, you may have some options.
      Miles Mason, Sr.
      Attorney, Miles Mason Family Law Group, PLC. Serving clients in Memphis • Germantown • Collierville • West Tennessee. Our response is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only way to obtain complete and adequate legal advice is to consult with an experienced Tennessee family law attorney, let the attorney review pleadings and orders, listen to you, ask follow up questions, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an opinion. The basic information provided is intended as a public service only. A complete discussion with an attorney should be undertaken before taking any action. All information on this site is available for public viewing and is not intended to create an attorney-client relationship with anyone. Answers are provided for informational purposes only.

      November 29, 2015

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