Suit Affecting Parent-Child Relationship

confusedintx · #1 08-12-2008, 02:36 PM

My question involves paternity law for the State of: Texas

Trying to work with the girl and her family in a friendly way. If son signs the AOP and they agree on visitation terms, does a Suit Affecting Parent Child Relationship still have to be filed?

queenie2 · #2 08-12-2008, 07:12 PM

Your son doesn't HAVE to file, but it will protect his rights to visitation in the event the mother decides to keep the baby from him. Without a court order, she is not bound to honor the agreement she made with your son.

distressedmom · #3 08-12-2008, 07:48 PM

Agree with Queenie- any informal agreement will not be enforceable. She could move out of state, deny visitation, etc. Better to formalize things with the court. If the father has any doubts about parentage you would want the court to order a dna test to ensure he's the father. May want to consider that before signing any papers. Once they are signed he is the father in the eyes of the court.

confusedintx · #4 08-13-2008, 09:25 AM

But is the Suit Affecting Parent Child Relationship the ONLY way to get the court order?

distressedmom · #5 08-13-2008, 04:18 PM

You have to talk to an attorney for the right legal terms. If the parents are not married, then I believe the parent/child suit is the first course of action. Many will offer a low cost or no cost initial consultation.

Bottom line, he needs a court order if he wants custody and any parental rights. Paternity has to be established and may want to have court order dna test to be sure. If he is proven to be the father there will be an order for support.