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My son and his wife are getting a divorce. He has not yet…

My son and his wife...
My son and his wife are getting a divorce. He has not yet been served with papers, but will be soon. His wife has been arrested at least once per year since they got married 5 year ago and is a recidivist felon. She has not been able to avoid getting arrested for probation violations every year and does at least 1-3 months in jail. She is currently having an affair and is doing so in front of the kids. Will my son have a pretty good chance at getting primary parent? He has the kids every weekend and goes to get them for a couple hours several times a week after work. Last night she was supposed to pick up the kids at 8PM but didn't show up till 11 claiming she was at work, but she wasn't dressed in work clothes and doesn't typically work on Sundays. TENNESSEE
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Customer reply replied 4 months ago
She also recently told my son that their second child may not be his. This was only told to him a week ago, but the is 20 months old. She told him in anger when discussing child custody. He and the child went for DNA testing last Friday, but he doesn't want to lose his fatherhood status if he's not the father. If it turns out that he's not the father, how would his parent rights be affected?
Answered in 9 minutes by:
3/12/2018
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,352
Experience: Over 30 years of experience.
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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I am working on your answer now. it is complicated. I am sorry for the delay. It takes some time to prepare a complete answer. Please note the phone call requests are generated automatically from the system. I do not control them.

Thank you for your patience and understanding.

Kind regards,

Gerald

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Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

1) He has an excellent chance to obtain primary custody of the childre. Here criminal condcut and record, and conduct in front of the children will all way very heavily in favor of your son obtaining custody.

2) As far as the law is concerned, if the child was born while they were married and together the child is his child. Only if he were to take steps to disown the child (which he should not do) would his praental rights be at risk - even if the child is not his dna biological child.

3) He need to contact a loacl family law attorney as soon as he can so that he can act to protect these children from the dysfunction of the mother.

This link is a good place to start:

http://lawyers.findlaw.com/lawyer/practicestate/family-law/tennessee

If he has finacial difficulties he can try legal aid:

https://www.tals.org/

There is work that will be involved, but if he starts he can help his children gain a stable home life.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,352
Experience: Over 30 years of experience.
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