**SPONSORED CONTENT BY DIVORCE INCORPORATED**
If a man has an affair with a married woman, he is at risk of losing any rights he has to a child born of that affair. When a child is born during a marriage, the Husband is automatically considered the father. The biological father can file to establish paternity. However, the petition must be filed timely.
Under Tennessee law, if the woman is still living with her husband, and remained so during the conception, pregnancy and birth of the child; the man whom the woman had an affair with has twelve months to file a petition to establish paternity with the court. After twelve months, a petition still can be filed, but if the woman and her husband swear that the child is the husband’s; the petition will be blocked by the court. This twelve month period starts when the child is born, and not when the biological father finds out about the child. The courts consider the man having the affair “on notice” that a child could result when he engages in an affair with a married woman. Ardoin v. Laverty, S.W. 3d 2003 WL 21634419, Tenn. Ct App. 2003 citing David V.R. v. Wanda J.P., 907 P.2d 1025 (Okla.1995).
Of course, if you are a father in this position, and you fall outside the timeframe above, you should still try to have your rights established. In most cases there is some argument that can be made, so do not give up simply because you think that your timing is off. In any event, speak to an attorney about establishing your claim.
By Daniel P. Bryant, Attorney at Law