Legal Question in Family Law in Texas

Hello,

My child's father and I split some time ago and after our initial split he would send anywhere from $100-150 a month. We came to our own agreement as far as visitation was concerned and he never even followed our agreed upon schedule and he always stiffed me when it came to paying what we both agreed was a decent amount monthly until the actual child support kicked. Now that I have moved on and am currently in a relationship, my child's father has completely flipped and now wants to sign away his rights to the child in an attempt to get out of paying an child support. He has completely cut ties with his child and has even gone as far as to say "Have your new man take care of it." (I initially filed for child support while we were still in a relationship because he's the type of person who 9 times out 10 has to be forced to do what he needs to do). I have rescheduled the negotiation meeting because he asked me to do so because he couldn't attend or so he says. I have received a new date and will not reschedule no matter what his excuse is. I simply want to know, in the state of Texas, will voluntarily terminating your parental rights end someone's obligation to pay child support? If so, what can I do to fight this injustice?

Asked on 7/08/13, 1:48 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator
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If you have a child support meeting, the meeting will not terminate his parental rights. Only a judge can do that! Also, it appears that you have not re-married. This new "potential father" just cannot "suddenly" be easily declared to be the "new father" of this child.

Termination and step-parent adoption is a slow and complex legal proceeding. Judges want to make sure that your new marriage is going to "stick" and that the "new daddy" is not a registered sex offender.

So, go to the meeting. The dad's child support will be established. It can be retroactive for up to 4 years! Ask for it. Also, he is obligated to provide health insurance for this child. And, reimburse you for 50% of the child's out-of-pocket medical expenses. (If you don't understand what I'm tell you, then you need to hire an attorney to explain all of this to you!)

You might also need an attorney to appear on your behalf and explain your rights to you. You obviously do not understand what your rights are as the primary parent of this child.

Look on this website and/or on www.avvo.com for an attorney to represent you.

If he does not show up, then a court date will be set. Quit negotiating with this man. He has the legal obligation under the laws of the State of Texas to support this child. Let the TX A G office help you.

By the way, don't be surprised if he now asks for DNA testing to postpone having to pay for child support! He might decide it is not his child.

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7/08/13, 2:01 pm

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