Legal Question in Family Law in Texas

Re: waiver of paternity

Your husband can file a suit to terminate his parental rights but I think the chances of a judge signing such an order hover at around 0%. Your husband needs to pay his support and expect to see a motion to modify filed to make him pay more money. The state of Texas does not care what you want or what he wants, they want what is in the best interest of the child. Actions have consequences and when a child is born you can expect to pay for 18 years. If the child is disabled you can expect to pay for life.

Re: waiver of paternity

It is the policy of the State of Texas not to bastarize any child. It is also state policy to get every kid off of welfare, medicade, etc. The State wants parents supporting their kids.

If your husband has been ordered to pay child support then he is liable for the money to be paid. As you have been informed, he can go to jail if he refuses or can't pay.

I am surprised that he is only orderd to pay $100 per month - in Harris County even unemployed people are ordered to pay child support based on minimum wage x 40 hours a week. That comes to approx. $155/month. Plus they are ordered to carry health insurance on the child.

The issue of visitation and child support are separate issues. Not seeing the child does not justify not paying child support. If he is not seeing the child, the mother is in contempt of court and that is a separate legal action.

I recommend that you immediately find an attorney for your husband if the case is before the Texas A G. You need someone to represent your interests. The Texas A G represents the interests of the citizens of Texas -- not the father, mother or child.

If you live in Harris County, my experience is the judges are clamping down on past due parents.

Let me quote a Texas A G -- If he is not current when he goes to court, tell him to bring his toothbrush because he's going to jail.

Best of luck to you.

If you live in Harris county, I can be reached at 713-847-6000.