Home Family Law Husband Has No Parental Rights | DNA Take a look at Confirmed...

Husband Has No Parental Rights | DNA Take a look at Confirmed Not Dad or mum

Tennessee youngster custody case abstract on parental rights in divorce.

Darla Jo Adams Audirsch v. Griffin Lynn Audirsch

The husband and spouse on this Moore County, Tennessee, case had been married when the mom gave beginning to a toddler. However each events acknowledged, and a DNA take a look at established, that the husband was not the daddy of the kid. The trial courtroom denied the husband any parenting time, and he appealed to the Tennessee Court docket of Appeals.

The mom didn’t file a quick with the appeals courtroom or in any other case take part within the attraction.

The husband argued that, regardless of the organic proof, that he was the “authorized mum or dad” of the kid. He primarily based this upon a Tennessee Statute which creates a presumption that when a toddler is born throughout a wedding, that the person married to the mom is the kid’s father.

However the appeals courtroom famous that whereas this statute creates a presumption that the person is the daddy, that presumption might be rebutted by the proof. On this case, the DNA take a look at (which the courtroom identified had been requested by the husband) mentioned that there was a zero p.c likelihood that he was the organic father.

On this case, the courtroom held that the presumption had been rebutted, and the statute offered that when the presumption had been rebutted, the person was not the authorized mum or dad.

For these causes, the Court docket of Appeals affirmed the decrease courtroom and remanded the case for any obligatory proceedings. The courtroom’s unanimous opinion was authored by Choose Arnold B. Goldin.

No. M2020-00279-COA-R3-CV (Tenn. Ct. App. Jan. 22, 2021).

See authentic opinion for actual language. Authorized citations omitted.

To study extra, see Child Custody Laws in Tennessee.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Most Popular

L4SB Attorneys Named To 2021 Tremendous Legal professionals Record

April 13, 2021/ Kristy Donahue / Uncategorized / 0 comments We're happy to announce that 100% of the Legislation 4 Small Enterprise Companions and greater...

The Vampire Enterprise Associate Workshop

April 13, 2021/ Kristy Donahue / Dispute Resolution / 0 comments Discover ways to keep away from and survive bloodsuckers in enterprise. Seize some garlic and...

Understanding The Restaurant Revitalization Fund (RRF) Grant

April 13, 2021/ Kristy Donahue / Business Tips / 0 comments Be a part of Lawyer Larry Donahue as he discusses this grant in a...

L4SB’s Distinctive YouTube Channel | Regulation 4 Small Enterprise, P.C. (L4SB)

April 12, 2021/ Kristy Donahue / Business Tips / 0 comments Be taught Enterprise Regulation Fundamentals Any Time! The L4SB Channel on You Tube is stocked...

Recent Comments