Full question:
My son and his wife were in the process of filing a no-fault/uncontested divorce petition when his wife confessed that she is pregnant with another man's child. Can they continue with a no-fault divorce or should my son now file for divorce on the grounds of adultery in order to protect his rights should the child turn out, in fact, to be his?
- Category: Divorce
- Date:
- State: Tennessee
Answer:
The court may require permission to dismiss the current divorce petition or amend it. Filing for divorce on the grounds of adultery could impact alimony and property division. In many states, a child born during a marriage or within three hundred days of a divorce is presumed to be the husband's child. Therefore, it may be necessary for your son to file a paternity action to establish who the biological father is, which will affect custody and support rights.
A paternity action is typically a civil lawsuit, and only specific individuals have the legal standing to initiate it. This includes the mother, the alleged father, the child, or a state agency in cases of neglect. The court will not automatically order paternity tests; it will review the petition first to determine if there is enough reason to compel testing. If ordered, the mother, child, and alleged father will be tested at a designated facility. A court's determination of paternity is final and necessary for establishing the child's rights.
If paternity is established, the father can seek custody or visitation. Until a court order is in place, many states presume the mother has custody. A custody agreement or court order can clarify these issues. Unmarried parents without custody have the same visitation rights as divorced parents unless there are extraordinary circumstances like abuse.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.