Tennessee Supreme Court to Hear Important Paternity Fraud Case

October 19, 2011

Tennessee Supreme Court to Hear Important Paternity Fraud Case

The relationship between a child and parent is arguably the most important one of all. The parent protects his or her son or daughter when the child is vulnerable and naive, and conveys guidance and wisdom as the years pass. The emotional investment of both parties is immeasurable.

Given the nature of this relationship, it would normally be devastating for both parent and child to find out that they are not biologically related if that is the assumption on which their relationship was built. If a father believed a child was his based on the mother's representations and made all his major life decisions based on that fact, it would be extremely unjust.

Such a father would likely have provided financially for the child he thought was his own.

On November 2, 2011, the Tennessee Supreme Court will hear oral arguments in an alleged paternity fraud case between former spouses Tina Hodge and Chad Craig. Hodge became pregnant during a relationship with Craig. The parties dispute whether Hodge told Craig the child was his or not, but it is not disputed that Hodge did not tell Craig at the time that she had also had an intimate relationship with another man.

Believing the child was his, Craig married Hodge, adopted her child from a previous relationship, had a vasectomy and supported the family financially. The couple divorced after about a decade later and Craig supported the son while he lived with Hodge. When the son was about 14 and had come to live with Craig, Craig had doubts about the boy's paternity. Craig swabbed the child's cheek when he was asleep, and a DNA test showed that they could not biologically be father and son.

Ultimately the other man who had had a relationship with Hodge turned out to be the actual father. Craig sued Hodge for negligent or intentional misrepresentation that he was the boy's father.

The Maury County Chancery Court believed that Hodge had misrepresented to Craig the facts surrounding the boy's paternity and ordered Hodge to pay Craig about $26,000 to reimburse him for child support, and medical and insurance expenses he had paid for the child. Craig was also awarded over $8,000 in legal fees and $100,000 for emotional distress.

The Court of Appeals of Tennessee reversed the case, holding that the state law does not allow a "retroactive modification of a valid child support order," and that damages for emotional distress are not available in a misrepresentation claim. Craig appealed to the Tennessee Supreme Court.

The Tennessee legal community and fathers' rights advocates are watching closely to see what the Supreme Court decides about the availability of a legal remedy for fathers in Craig's position. With the easy, inexpensive availability of DNA testing to establish paternity, situations like these are likely to become even more common.

If you face a paternity issue or any other legal matter related to your children, consult an experienced family lawattorney to learn about your options and rights.

Article provided by The Law Office of David L. Scott
Visit us at http://www.attorneydavidscott.com