Legal Question in Family Law in Texas
Can Parental Rights be terminated when there is Parental disinterest in the chil
A few weeks ago a letter came in the mail from Child Support Services. It named my husband as the father of a child born 3 months ago. The mother of the child has questionable motives for naming my husband, he very well could be but it is unlikely. It was not a relationship, it was a 1 time encounter and protection was used but yet she's named him. There are at least 4 other men in question as well. My husband's name is not on the birth certificate, nor does he want it to be. And until the letter from child support came he had not been told about this child. My husband has no interest in being a part of this childs life, he does not want visitation or custody. We have discussed this and want to know what are our options if this child in fact proves to be his. He's not attempting to dodge paying child support if the child is biologically his but wishes to have no other responsibility other than financial. Also, typically how much child support can she get since we have 4 children together all under 18 years old?
2 Answers from Attorneys
Re: Can Parental Rights be terminated when there is Parental disinterest in the
I would ask for DNA testing immediately. If he is not the father, then the matter is resolved.
Be advised, that the DNA test will not come back 100%. It comes back in the 99.---% accuracy level or it excludes your husband as the father.
If he is the father, then his child support would be based on the total number of biological children he is supporting. With 4 other kids, he is looking at 13.60% of his adjusted net monthly resources (per State of Texas guidelines).
Good luck!
Fran Brochstein
www.Familylaw4U.com
713-847-6000
Re: Can Parental Rights be terminated when there is Parental disinterest in the
If a suit seeks paternity, he may need to file an answer and specifically claim the child is not his and request blood testing. He should check to see if it is simply a letter or whether it is a lawsuit filed with service by mail.
http://www.reasonable-doubt.com
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