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    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert

    May 8, 2007, 08:11 AM
    Quote Originally Posted by LadyB
    Not sure what the UPA is, but you're right GV 70, it is not cut and dried by any means and there are various statutes in play here.

    So I amend my statements to some degree. I still think he is making empty threats, but you might want to get an attorney to at least explain the laws and the precedent set by similar cases. If you leave the state or country you could set yourself up for criminal charges, so I advise against running away.
    :) :) LadyB-believe me-I had some cases in Memphis,TN-the court follows closely decision IN RE TKY.

    No. M2004-01634-SC-R11-JV - Filed on August 28, 2006

    There are some main rules:
    The/juvenile/ court then conducted a best-interests analysis and found that termination was in the best interests of T.K.Y. because the child was “in a safe environment and safe home,”... Seventeen months after the juvenile court decision, on September 2, 2003, the Court of Appeals reversed and remanded.The Court of Appeals reasoned that in light of the Supreme Court’s decision in Jones v. Garrett, 92 S.W.3d 835 (Tenn. 2002), the juvenile court had erred in terminating r. P.’s parental rights without first adjudicating his parentage petition. Jones held that the parentage and adoption statutes, as well as the state and federal constitutions, require that parentage be determined prior to determining the questions of termination or adoption.
    Tenn. Code Ann. § 36-2-304(a) (2005). As discussed by the Court of Appeals, Mr. Y. has the
    Benefit of presumptions (1) and (4), while Mr. P. has the benefit of presumption (5). The Court of Appeals noted that the statute does not accord any greater weight to one presumption than the other and so, declaring a “tie” between Mr. P. and Mr. Y. under the statute, the Court of Appeals proceeded to consider factors going to the best interests of the child to make its paternity determination.
    In re C.K.G. 173 S.W.3d at 722 (citations and quotations omitted).
    When the parentage statutory scheme is viewed its in entirety, it becomes clear that we must not read a portion of it, i.e. section 36-2-304, as according equal weight to biological fathers and other claimants to paternity because the very point of the parentage statutes is to determine the biological father of a child.
    Tenn. Code Ann. § 36-2-302 (2005). Thus, under the definition of “father” in the parentage statute,whomever is the biological father of a child is the child’s father. Id. § -302(3). Likewise, a “parent”under the parentage statute is the biological mother or biological father. Id. § -302(5). A biological parent is only denied the status of “father” or “mother” if his or her parental rights have been terminated. Id. § -302(6).

    If he is making empty threats-it will be OK but if he is not:confused:
    alkalineangel's Avatar
    alkalineangel Posts: 2,391, Reputation: 323
    Ultra Member

    May 8, 2007, 08:31 AM
    Is this really the way our system works? I have never been in this situation or anything like it, but I am deeply saddened and hurting for you. I think it is wrong that a father who knew about a child from the time she was conceived, and openly acknowledged wanting nothing to do with her has rights here. Especially after 3 years!? That is like saying, "Oh well i didnt want to raise the child then and help in any way, but now I changed my mind and I do want to take away everything that this little girl knows is normal". I am one that is all for fathers rights, but in this situation, he should have lost his rights after a year of no contact. He knew she was there all along... too little too late if you ask me. IM sorry I can't give any advise, but I am praying for you honey.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert

    May 8, 2007, 08:40 AM
    Keephimaway-don't think that I am against you:) You posted in Family law-and I answer you with TN legal standing.Believe me-I know what you feel... I have worked with many families and children... The American Court system struggles with answering the question-"What parenthood is"-some prefer biology,other-nurture... I know how desperating are able to be some court decisions:(
    Keephimaway's Avatar
    Keephimaway Posts: 8, Reputation: 3
    New Member

    May 8, 2007, 09:07 PM
    Thanks so much for everyone's help! I'm going to try and talk to a lawyer this week about what I can do, but I don't think there's much. It just doesn't seem right that he can just suddenly pop back into the picture and decided he wants to be around after all this time and totally turn her world upside down. This is the man who held me down and screamed at me to have an abortion and who said I was only a whore to him and he didn't want a whore's child.. but of course I have no physical proof, so what does that help? I've worked so hard to make a happy and healthy home for her. I gave up all my dreams to become a good mother, wife, and homemaker and I can't stand to see it all be in vain. I don't think I can stress enough what it would do to my family if this man came into the picture. He's truly a sick and twisted person- his best friend is a convicted child molester, they have a one bedroom apartment, they spank their 10mo old, he's an alcoholic, she's a pill head.. it horrify's me. I will go to my grave before he touches her. I just pray that God will take care of us through this. He hasn't called in a couple weeks so lets hope he was just scaring me.

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