Legal Question in Family Law in Texas
Paternity dismissal hearing
My son was born 1-26-06 and his father signed aknowledgement of paternity. Four weeks later I was served a citation from his attorney saying he wanted to rescind paternity and that he wanted his last name removed and I had twenty days to respond.So I responded in a week with an respondent's general denial that was filed with the clerk district courts. The court sent out a case summary that was
for dismissal for want of prosecution.What does this means
and what are my rights?
2 Answers from Attorneys
Re: Paternity dismissal hearing
Get a lawyer today.
Contact the Attorney General.
Notify the court that you are seeking legal help, and do not want the case dismissed. They may require that you set a trial date. If so, then do that. The dismissal hearing is set by the court to make sure that cases don't just linger on the docket with no action.
You really need a lawyer in this situation.
Re: Paternity dismissal hearing
I just reread your letter, and realized that the lawsuit was HIS to rescind paternity. I wrote my response thinking it was your lawsuit to establish paternity.
If his lawsuit is being dismissed, then it will not harm you, per se. However, you need a lawsuit to establish his obligation to pay child support. It is still worth your while to involve the AG, or retain an attorney to get paternity established and child support paid.
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