Legal Question in Family Law in Texas

Parental Rights

My spouse had an affair and got the lady pregnant.We have a child of our own and he wants to give up his rights because I do not want that child around.How can he do this and he still has to pay child support but he just won't see the child - right? when the child is 18 will she be able to find him?


Asked on 6/24/02, 4:42 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Parental Rights

You are not going to like my reply to your question.

If your husband tests positive under DNA tests to being the child's father, the Court will find him to be the child's father and order child support (and medical insurance) for this child.

Since the two of you have a child, his child support will be based on approx. 17.5% of his adjusted monthly net resources. If he only had one child he would have to pay 20%, therefore, be sure to let your attorney know that he has another child.

In Texas, if there is no "new" father to step into his shoes, most courts will not "bastarize" an innocent child. This is an election year so Judges are especially sensative to any potential bad press.

He cannot be forced to visit the child.

The paternity file is a public document so unless the court "seals" the file anyone can look at it at any time the court is open. Therefore, the child can learn the name of her father when they grow up.

Additionally, the child will probably get a new birth certificate stating the name of her father. She will see it whenever she uses her birth certificate.

If you live in the Houston area, please call me at 713-847-6000. Be sure to let me know that you found me on lawguru.com.

Good luck!

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Answered on 6/24/02, 5:19 pm


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