My husband and I were separated for some time and he became involved with another woman and she is pregnant. We are talking now, she has told him she did not want any thing to do with him. However she would not keep the baby from him. But have found out she was not divorced, she is still married to her former husband. Big mess. I was just wondering if my husband would have any rights to this baby, if so what are they and how should be proceed. This is in the state of Tennessee.

I would guess that Tennessee follows the general rule that a child born to a married woman is the child of that woman's husband. Therfore the law presumes that the child's father is her husband.

To obtain rights with respect to the child, your husband would have to sue the woman and her husband for visitation . Keep in mind, however, that if he does he will be opening himself to a counter-suit for child support.

I live in Tennessee also. Her husband will be the legal father of this child as long as it is born while they are married.

I will be able to answer this question further when I get to work and can pull out the legal paperwork that we use for these circumstances.

He will have to file for rights, they will not be automatic. But if her husband is a soon to be ex, he will not be wanting to pay child support and I am sure he will object and file for DNA tests shortly

This all depends on how you as the mother wants it to go. Tennessee gives a married woman two options NO MATTER WHAT-either the married woman's husband's name goes on the birth certificate; or the certificate will say "mother refused fathers information." The husband will be the father whether he is or not. The ONLY way for the paternal father (not the married husband) can be placed on the birth certificate is if the mother lies and says she is already divorced. They go by what you say (no documentation needed).
I recently had a child with a woman who's divorce is not final and my baby now has the ex husbands last name, and I have zero rights to the baby. I know have to take a DNA test through juvenile courts to be able to claim my child.
Once the mother states (at any point) that she is married; THAT HUSBAND will be considered the father, and the baby will have his name.
If the mother wants the child to have the fathers name (not the married husband) she must "lie" and state that she is divorced. If she says she is divorced, the father can step in and claim his child. This is truly the only way.

... paternal father (not the married husband) ...

The phrase you are searching for is "biological father". "paternal father" is redundant. "Paternal" is an adjective meaning "father-like". It's like saying "Rio Grande River".


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If the mother wants the child to have the fathers name (not the married husband) she must "lie" and state that she is divorced. If she says she is divorced, the father can step in and claim his child. This is truly the only way.


Incorrect. And, in most places that would be perjury: a crime.

The "legal" way would be to go for a change-of-name.

Paternal father?

Married husband?

she is still married to her former husband... Paternal father... Married husband

LMAO! By the way in the state of Tn a biological father is always the legal father notwithstanding the marital status of the mother.

was just wondering if my husband would have any rights to this baby, if so what are they and how should be proceed.

He has to file in Court for paternity determination.