CPS Wants to Establish Paternity of a Neglected Child

[blm007]

My question involves paternity law for the State of: Texas

My friend had a one night stand about 3 years ago and now that woman is saying he is the father of her daughter. She had told him previously that it was not his and there were 5 other men that might be the father. Just yesterday she told him that her children had been taken away from her by cps because she has been doing drugs and not able to take care of them (not the first time they have been taken). He no longer lives in the state of Texas and has not taken a dna test. He wants nothing to do with her or the child. She has told CPS that he is the father and says that they are looking for him. I need advice on what the best thing for him to do is. Also she has been saying that she wants to give them up for adoption. What can he do so that he is not held responsible for a child that is not his?

[Dogmatique]

Nothing he can do unless he's contacted by child services or someone else addressing the issue of paternity.

Unless he wants to establish paternity himself.

If he ignores a paternity suit, he CAN (and likely would) be found to be the father by default whether he's the father biologically or not - he doesn't want that to happen.

[blm007]

Is it better for him to wait to be contacted or is he better off trying to talk to the mother and working it out between the two of them before it has to go to court?

[Dogmatique]

Court is his friend.

"Working something out" rarely actually works out well.

Curious about the alleged timeline though. This one night stand happened 3 years ago and....yesterday, out of nowhere, she contacts him (how did that happen, out of interest?) and tells him her kids have been removed and...what's her goal exactly?

WHY do you think she contacted him?

Has he tried (since he can contact Mom) asking Mom who her caseworker is so that HE can get in touch with THEM directly? This might be a way of finding out whether she's full of horse manure, too.

I don't know why people would lie about such things, but they do. Maybe she's telling the truth. But it's up to him to get off his backside and do something about it.

(Or not)

[blm007]

She told him about a month after the one night stand that she was pregnant, but told him that it wasn't his and it happened before that night even happened. Since then she has randomly called, but never about the child and he never wanted anything to do with her. Now i'm not sure exactly what her goal with all this is, she says she doesn't want money and that she "just wants to give up her kids because its too much stress". She has his number but no one from CPS has contacted him or ever tried to. If she does put the child up for adoption will he still have to go through all the DNA testing, or will that just pretty much void out him having to do anything ? (from what I know I personally think its best her children aren't with her.)

[blm007]

She hasn't been receiving money from the state for the child. She has was married and also has had help from family. Also I read that until he takes a dna test he isn't responsible for anything and won't have to pay child support unless he is in fact the child's father, and that is a one in 6 chance according to the mother.

[Dogmatique]

She hasn't been receiving money from the state for the child. She has was married and also has had help from family. Also I read that until he takes a dna test he isn't responsible for anything and won't have to pay child support unless he is in fact the child's father, and that is a one in 6 chance according to the mother.

(And this ^^^^ is why it's so difficult dealing with an unrelated legal stranger to the case)

Okay - so, was Mom married when she got pregnant? Did she marry before or shortly thereafter the birth? It might matter.

These little details, y'know?

[blm007]

She was married I'm guessing about a year after the child was born. She is now (from what she has said) getting divorced and also has another child with her husband. Her husband has been taking care of both children. Not sure where he is now that both children have been taken away from her by the state because she can not care for them and has drug issues.

[Dogmatique]

So at this point, we don't know whether paternity has been established or not, by anyone else, correct? No real details are known?

There's honestly not much point in going much further - if he's served with something, or HE wants to take the initiative and find out once and for all, then we can help him.

[blm007]

No other men have taken dna tests, she kinda just piked one and went with it. She said her husband wanted to adopt the child but since she is getting divorced I'm guessing that isn't going to happen.