Legal Question in Family Law in Texas
There a woman from my teen years we had a relationship 5 yrs later she comes into my family's life and says she had my kid and claims she stabbed the condom with a needle he does not have my last name and i just dont want noting to do with them i have a family already why now? so my question is simple what are my chances of avoiding child support can i give up my rights if yes how?
1 Answer from Attorneys
If someone (constable or private process server) attempts to serve you with legal papers, you must accept these papers. Please do not avoid service. If you do, the court will move forward without you and you could be found to be the father without any further notice to you. Then you lose the chance to avoid being the child's father. So, please accept the papers and hire an attorney immediately.
If you get served legal papers, you want to do DNA testing. You need to determine if you are the father of this "supposed" child. At this point, you don't know if a child even exists. (Yes, I know of a case where a woman showed up and claimed there was a child born in a foreign country but after 2 years she could never "produce" any evidence that the child actually existed -- but she got a court to order child support for 2 years for this very ill baby!)
It appears that you live in the Harris County area. If so, the likelihood of you terminating your parental rights is small. The State of Texas wants parents to support their children. Why? If the mother died they do not want this child to be a orphan. And, they do not want the taxpayers to support this child. Therefore, it is the policy of the State of Texas for both parents to support this child.
Yes, you used a condom. Yes, she got pregnant in a sneaky way. Yes, she kept her baby a secret. However, it is irrelevant. This child exists. The child deserves to eat and be clothed. If it is determined that you are the father then you must support this child unless there is another man that is willing to step into your shoes and legally become his father. Then you can ask the court to terminate your parental rights. However, she would have to be married to this new man for at least a year.
I would encourage you to begin saving money to hire an attorney, to pay your child support and medical insurance. I would look on this website and on www.avvo.com for an experience family law attorney in your county to represent you. You need to hire an attorney that you trust. I office with attorney Patricia Bushman at 713-807-9405 who has represented many men in similar situations. She is a tough, smart attorney with over 16 years of experience. She takes payment plans and her first appointment is free. Tell her that FRAN sent you.
I hope that you have a Merry Christmas with your family.
Good luck!