Legal Question in Family Law in Texas

Petition to Establish the Parent-Child Relationship

My husband received a citation suing him in regards to a Petition to Establish the Parent-Child Relationship from the State of Texas, Nacogdoches County, Texas. We are to respond to this within twenty days from date of being served. They are wanting to hold him accountable for the testing of paternity, court costs, and all back child support. This child is soon to be 15 years old. My husband does not have a problem being responsible for child support on the child if it is proven that he is indeed the true parent but back child support on a child that does not have his last name or any contact with seems unfair. Also, why should he be responsible for the fees and court costs? How do we go about responding to this petiiion without the use of an attorney at this time?

I appreciate any help that you can give me at this time.


Asked on 8/25/03, 7:42 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Petition to Establish the Parent-Child Relationship

My answer is based on general TX law. I don't practice law in that county.

I would RUN (not walk) to an attorney that practices in that county.

I'm an attorney and I would not think of trying to go to court without local counsel to assist me.

I think that there is an old saying that a only a fool would represent himself at the courthouse! I would amend saying to something like -- only a complete fool who is determined to lose would not have legal counsel!

Your husband must file an Answer and Ask for DNA testing. If he does not request the DNA testing properly, then the opportunity will be lost for him to contest paternity.

Since you are talking about a lot of money, I would consider the attorney's fees to be saving you money if you find out that he is NOT the father of this child.

Good luck!

Fran Brochstein

www.familylaw4u.com

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Answered on 8/25/03, 7:54 pm


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