Myork
New Member
- Jurisdiction
- Tennessee
I was married in 98, and we separated for 2 months in early 2001. Right after we had gotten back together we found out I was pregnant and my husband and everyone that knows us (except our son) knew that there was a chance the child was not his. Our son was born rather quickly and my husband was not at the hospital at the time. Our son had to be transferred right after birth and we were told he probably would not make it so I barely filled his birth certificate paperwork out as I walked out the door 5 hours after he was born, we ended up having to add fathers info the birth certificate when our son was a little over 3 years old. Before we did it we talked about it and my husband didn't want a DNA test. Our son did make it and is now 14.
We separated again in 2012 and in 2013 my now ex filed for divorce but even tho he had all contact info for me, my mother, sister, dad, grown daughter, and all my friends I was never served and he was granted a default judgment I guess. Our son is autistic and has behavior problems in 2013 he was in a residential facility for these issues and stayed 14 months. My ex had ask for full custody and my time with our son be based on the recommendation of his therapist and he was granted that. His Dr recommend that he live with me and see his dad on weekends and since May 2014 he has been in the home with me. I found out in Sept of last year that my ex had been receiving disability based for our son due to his issues since Feb 2013 which is when he went to the residential facility and has not lived with my ex since prior to that.
My ex stopped seeing him in Dec and I was served with with papers wanting his name off the birth certificate and claiming that I perpetrated fraud. The papers I received also included DNA test results from some at home kit, which he cant use. We were at the court house last week and his lawyer came up and told me he had filed the day before to ask for a DNA test. He ask if I was OK with it I said yes but he has to be in court for that next week, so it has not been ordered yet. And I'm thinking now I might need to challenge that. My ex doesn't pay child support and my issue with this is my son loves his dad more than anything and he was a great dad and my sons already hurt because he hasn't seen him. Doing that test is going to bring up so much more for him. Can I challenge that still?
I am so sorry this is so long
We separated again in 2012 and in 2013 my now ex filed for divorce but even tho he had all contact info for me, my mother, sister, dad, grown daughter, and all my friends I was never served and he was granted a default judgment I guess. Our son is autistic and has behavior problems in 2013 he was in a residential facility for these issues and stayed 14 months. My ex had ask for full custody and my time with our son be based on the recommendation of his therapist and he was granted that. His Dr recommend that he live with me and see his dad on weekends and since May 2014 he has been in the home with me. I found out in Sept of last year that my ex had been receiving disability based for our son due to his issues since Feb 2013 which is when he went to the residential facility and has not lived with my ex since prior to that.
My ex stopped seeing him in Dec and I was served with with papers wanting his name off the birth certificate and claiming that I perpetrated fraud. The papers I received also included DNA test results from some at home kit, which he cant use. We were at the court house last week and his lawyer came up and told me he had filed the day before to ask for a DNA test. He ask if I was OK with it I said yes but he has to be in court for that next week, so it has not been ordered yet. And I'm thinking now I might need to challenge that. My ex doesn't pay child support and my issue with this is my son loves his dad more than anything and he was a great dad and my sons already hurt because he hasn't seen him. Doing that test is going to bring up so much more for him. Can I challenge that still?
I am so sorry this is so long