Paternity

4 posts

CPS Parent Resource Guide

CPS Parent Resource Guide Part 13: Disability and Inability to Care

Part 1 and 2 of this section will handle those particular CPS issues, which include special topics. Special topics are but are not limited to: parents who have special physical or intellectual needs or who live with a mental illness; Fathers, especially fathers who don’t see their children, teenage parents, or parents who are in prison may also have questions specific to their situation. This section includes information to address these more individual issues. A. Parents with Disabilities or Special Needs It is important to be aware of whether you are a parent with a disability or special need because The Americans With Disabilities Act (ADA) applies to CPS cases. Temporary conditions, such as a broken leg, usually are not covered. Additionally, any condition relating from the abuse of drugs or alcohol is not covered. The ADA defines a disability as a condition that “substantially limits a major life activity.” The ADA does not give a list of all the possible disabilities or special needs. Instead, the law covers “physical or mental impairment that substantially limits one or more major life activities.” If you know (or think) you have a disability or special need, then you need to tell your lawyer […]

Texas Paternity FAQ

Texas Paternity FAQ

Frequently Asked Legal Questions About Paternity in Texas There are a lot of questions about paternity in Texas that get asked regularly.  We wanted to save people a little bit of googling and try answer as few of the most common ones in one place.  This guide to the frequently asked legal questions about paternity in Texas is meant to aid you but not to replace the role of an attorney. Define Paternity For Me? When a baby is born and there are questions about the father, you seek to establish paternity.  Paternity is, therefore, the legal identification of who the father of a child is.  This process is typically done through genetic matching of the child’s DNA to the father’s DNA. Is Paternity Testing Only Performed On Babies? While paternity testing is typically performed on babies it has been used to test kids of any age.  This helps to establish who the father is no matter what the situation is. Can You Force A Paternity Test? The short answer is yes, you can force a paternity test.  To do this you need to petition the court for a court ordered paternity test.  This order can also include conditions for what […]

Child support issues

Paying Child Support for Someone Else’s Child?

Michigan man Carnell Alexander owes the state $30k in child support for a child that is not his after his ex-girlfriend named him on state financial assistance forms in 1987. The state requires that a father be listed so that the state can track down the father to reimburse the state for the financial assistance.   Unfortunately for Alexander and other men in similar situations, the state does not require any proof to be provided when naming the father on forms. Instead, the responsibility is passed to the person named to then prove that they are not that person. The state sends a summons and the person named must appear at that time.   Many people are unaware of the importance of appearing in court when summoned. In cases regarding child support and paternity, failure to appear results in a default judgment and the person named is then legally responsible as the father.   Mr. Alexander, however, can prove that he never received the summons as he was in jail at the time. The process server delivered the letter to a relative instead of directly to him. The state also sent following letters to an address where he no longer […]

Men owe child support despite not being fathers

I read an article today that estimated that more than 120,000 men paying child support for children that aren’t theirs. The article didn’t go into much detail regarding how that number was reached, but even if the true number were half that, it is still somewhat staggering. I have personally come across this enough times to think it probably isn’t that far off either. There are a number of different situations that can cause this, but the most common in my experience are when Mom will tell someone that they are currently romantically involved in that they are father and are the only person who could be the father. This person believes them and signs the birth certificate and/or a potential acknowledgement of paternity. Then, low and behold, they find out that Mom was sleeping with other people and begins to question paternity and/or gets a paternity test. It seems like the process should be simple at this point with how conclusive DNA testing. Simply show the evidence, get parental rights terminated, no more child support right? Not so fast! Unfortunately, almost nothing in the legal arena works simply, and this process least of all. First of all, pretty much everything in […]