Legal Question in Family Law in Texas
Child Support & Military
I'm currently in the Military and I have a daughter, she was born while I was on deployment so my daughter does not have my last name and I am not on the birthcertificate. Since my daughter is been born I've been sending her about 1,200 dollars a month. I've asked the mom to send me the birth certificate so she can receive the benefits (ie medical, more money) of being my dependent. She refuses to do it and my commanding officer adviced me to send her the allowed amount for my pay grade which is 200 dollars monthly. The mother got aggrivated and wont let me see my child, so I decided to give up my parental rights. Would I be accountable for not showing up to court because I am stationed in Japan? Can she take me to court and make me pay child support although I gave up my rights and there is nothing stating she is my daughter unless a DNA test is taken?
1 Answer from Attorneys
Re: Child Support & Military
You have a tangle of questions that should be handled by a lawyer - I suggest you contact one asap.
To answer some of the questions -
1. There are statutes that excuse you from appearing in court when on deployment but those facts need to be brought to the attention of the judge.
2. If you did not sign an affidavit that was filed with the Bureau of Vital Statistics stating that you are the father of the child, you do not have any legal rights as a parent.
3. A suit can be filed by you or by the mother to have orders entered recognizing you as the father of the child. If that is done, the court will enter orders giving you visitation time with the child and ordering you to pay child support.
4. If there is no affidavit on file and there is no lawsuit filed to have you acknowledged as the father of the child, you are in limbo - in a legal sense, you are not the father of the child.
Bottom line - You need to make decisions about what your objectives are and then consult a lawyer to pursue your wishes.
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