Spencer, TN asked in Divorce, Family Law, Child Custody and Child Support for Tennessee

Q: Me and my wife have been separated for over a year and living in different homes and in other relationships since. We ha

Have not divorced yet. She is now pregnant with the other man. Do I still need to get a DNA test done to prove the child is not mine?

2 Lawyer Answers

A: Yes. I assume at some point you are going to proceed with obtaining a divorce, and Tennessee law assumes/presumes that the husband of a married woman is the father of any child born while they are married. As a result of this presumption, you will need the DNA test results to convince your divorce judge that you should not pay child support for this child who was born during this marriage.

Marjorie A Bristol agrees with this answer

1 user found this answer helpful

A: Yes, you will need DNA to disestablish paternity. Until you disestablish paternity, you will be the legal father of the child.

1 user found this answer helpful

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