What Are the Consequences if I Tell My Husband He's Not the Father of Our Son?

Full question:

I have a friend--honestly its not me- anyway, she has been married to her husband for 18 years they have 2 children. The youngest son is 10 he does not belong to her husband--her husband does not know this. A good friend of the family is the bio father--he is also married --his wife does not know the boy is her husbands son. If my friend tells the truth what are the bio fathers responsibilities financially? Would he be entitled to pay child support or even back child support(she says yes I say no)Also what consequences are there for her since her husband has supported a child for 10 years that isnt even his. I live in TN my FRIEND LIVES IN VA -- the BIO father lives in TN

• Category: Paternity
• Date: 04/07/2025
• State: Tennessee

Answer:

In Tennessee, a man named on the birth certificate is presumed to be the father. While the courts will assume the mother should have custody when the parents are unmarried and there is no custody order, it is possible for a presumed father to file an action for custody. It may be necessary to prove the mother is an unfit parent to overcome the presumption that custody belongs with the mother. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved. The overall consideration for the court is the best interests of the child.

The law in Tennessee allows for DNA parentage testing and reestablishment of paternity, even after a court has entered an order establishing paternity. You might look at the case of White v. Armstrong (Appeal No.01A01-9712-JV-00735) in the Tennessee Court of Appeals. In this case, the court held that Mr. White (the alleged father) could seek post-judgment relief from the Order of the Juvenile Court declaring him to be the father of Ms. Armstrong's son and requiring him to pay her back child support as well as future child support. If Mr. White could prove that he was not the biological father of her son, he would not have to pay any future child support, although Ms. Armstrong would not be required to reimburse Mr. White for the child support he had already paid. I suggest you consult a local attorney who can review all the facts and circumstances involved.

In Tennessee, a man determined to be the biological father may be liable for past as well as future support if he is determined to be the father. Please see the following excerpt from Tennessee statutes to determine applicability:

When making retroactive support awards pursuant to the child support guidelines established pursuant to this subsection (a), the court shall consider the following factors as a basis for deviation from the presumption in the child support guidelines that child and medical support for the benefit of the child shall be awarded retroactively to the date of the child's birth:
(i) The extent to which the father did not know, and could not have known, of the existence of the child, the birth of the child, his possible parentage of the child or the location of the child;

(ii) The extent to which the mother intentionally, and without good cause, failed or refused to notify the father of the existence of the child, the birth of the child, the father's possible parentage of the child or the location of the child; and

(iii) The attempts, if any, by the child's mother or caretaker to notify the father of the mother's pregnancy, or the existence of the child, the father's possible parentage or the location of the child.

(B) In cases in which the presumption of the application of the guidelines is rebutted by clear and convincing evidence, the court shall deviate from the child support guidelines to reduce, in whole or in part, any retroactive support. The court must make a written finding that application of the guidelines would be unjust or inappropriate in order to provide for the best interests of the child or the equity between the parties.

(C) Deviations shall not be granted in circumstances where, based upon clear and convincing evidence:
(i) The father has a demonstrated history of violence or domestic violence toward the mother, the child's caretaker or the child;

(ii) The child is the product of rape or incest of the mother by the father of the child;

(iii) The mother or caretaker of the child, or the child has a reasonable apprehension of harm from the father or those acting on his behalf toward the mother, the child's caretaker or the child; or

(iv) The father or those acting on his behalf, has abused or neglected the child.

(D) Nothing in this subdivision (a)(11) shall limit the right of the state of Tennessee to recover from the father expenditures made by the state for the benefit of the child, or the right, or obligation, of the Title IV-D child support agency to pursue retroactive support for the custodial parent or caretaker of the child where appropriate.

(E) Any amounts of retroactive support ordered that have been assigned to the state of Tennessee pursuant to § 71-3-124 shall be subject to the child support distribution requirements of 42 U.S.C. § 657. In such cases, the court order shall contain any language necessary to allow the state to recover the assigned support amounts.

(F) In making any deviations from awarding retroactive support, the court shall make written findings of fact and conclusions of law to support the basis for the deviation, and shall include in the order the total amount of retroactive support that would have been paid retroactively to the birth of the child, had a deviation not been made by the court;

Please see the following TN statutes:

36-2-303. Custody absent an order of custody.

Absent an order of custody to the contrary, custody of a child born out
of wedlock is with the mother.

36-2-304. Presumption of parentage.

(a) A man is rebuttably presumed to be the father of a child if:

(1) The man and the child's mother are married or have been married to
each other and the child is born during the marriage or within three
hundred (300) days after the marriage is terminated by death, annulment,
declaration of invalidity, or divorce;

(2) Before the child's birth, the man and the mother have attempted to
marry each other in compliance with the law, although the attempted
marriage is or could be declared illegal, void and voidable;

(3) After the child's birth, the man and the mother have married or
attempted to marry each other in compliance with the law although such
marriage is or could be declared illegal, void, or voidable; and:

(A) The man has acknowledged his paternity of the child in a writing
filed under the putative father registry established by the department of
children services, pursuant to § 36-2-318; or

(B) The man has consented in writing to be named the child's father on
the birth certificate; or

(C) The man is obligated to support the child under a written voluntary
promise or by court order;

(4) While the child is under the age of majority, the man receives the
child into the man's home and openly holds the child out as the man's
natural child; or

(5) Genetic tests have been administered as provided in § 24-7-112, an
exclusion has not occurred, and the test results show a statistical
probability of parentage of ninety-five percent (95%) or greater.

(b)(1) Except as provided in subdivision (b)(2), a presumption under
subsection (a) may be rebutted in an appropriate action.

(2)(A) If the mother was legally married and living with her husband at
the time of conception and has remained together with that husband
through the date a petition to establish parentage is filed and both the
mother and the mother's husband file a sworn answer stating that the
husband is the father of the child, any action seeking to establish
parentage must be brought within twelve (12) months of the birth of the
child. In the event that an action is dismissed based upon the filing of
such a sworn answer, the husband and wife who filed such sworn answer
shall be estopped to deny paternity in any future action.

(B) A petition to establish parentage may be brought under this part if
a dismissal of a petition under the prior legitimization statutes was
based upon the mother's marriage to another man at the time of conception
or upon the petitioner's lack of standing. In such cases, the
requirements of subdivision (b)(2)(A) requiring a petition to be filed
within twelve (12) months of the birth of the child shall not apply. It
is the intent of the general assembly that putative fathers who filed a
cause of action under this chapter prior to the July 1, 1997, effective
date of Acts 1997, ch. 477, and whose action was so dismissed, shall have
an opportunity to prosecute a single cause of action under this
part. Thus, the doctrines of res judicata and collateral estoppel shall not bar
such new or pending action, nor shall any statute of limitation that may
have run bar such new or pending action. It is the clear and unequivocal
intent of the general assembly that this provision shall be applied
retroactively to such petitions to establish parentage. No such
retroactive application shall, however, abrogate the provisions of
§ 36-1-122.

(3) The standard of proof in an action to rebut paternity shall be by
preponderance of the evidence.

(4) In any case, except terminations of parental rights or adoptions
under title 36 or title 37, in which the paternity of a child is at issue
and an agreed order or divorce decree has been entered finding that an
individual is not the parent of the child, the finding shall not be
entitled to preclusive effect unless the finding was based upon
scientific tests to determine parentage that excluded the individual from
parentage of the child in question.

(c) All prior presumptions of parentage established by the previous
paternity and legitimation statutes and cases are abolished.