One Baby, Two Potential Fathers

Question:erica eberle attorney tennessee

My husband and I are in a fairly amicable divorce. I had an affair, which is known by all parties, and conceived of a child with that person. The baby is scheduled to be born after the final divorce court hearing.

My husband does not wish to be the father in my child’s life, and the biological father does wish to be involved. What must I do to get this legally straight? How are paternity laws handled in this situation?


While I am not licensed to practice law in your state, I can give some general guidance on this issue.

Many states will address paternity in a divorce, especially if both parties agree that your husband is not the father of your child. Your husband risks having legal and financial responsibilities for the child, especially if these issues are not addressed soon with the courts.

In order to clear up paternity and definitively establish the biological father as the legal father, it may be that the court will require a parenting plan. Some states require that parents’ co-parenting time is maximized.

For you and the father, there needs to be an established set of visitation days so that you can plan and maximize the time with your child. The courts in your state may start with 50/50, so be sure to have an idea of your parenting goal when you  meet with an attorney in a consultation. This will help guide the consultation on how to best achieve those goals.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Tennessee divorce lawyer Erica Eberle, contact Cordell & Cordell.

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