[Polaris]

My question involves paternity law for the State of: Texas
Recently my fiance was addressed by the AG office from an old girlfriend regarding paterinty and child support of her 2 year old daughter. They took a paternity test through a 3rd party vendor, and he was confirmed the father. The mother was seeking a relationship with my then boyfriend of 2 years, which is why she set this whole thing in motion. Her boyfriend who was named the father on the birth certificate was incarcerated for something after he broke up with her... My fiance told her numerous times that he did not want to be with her, but wanted to see his daugther and she complied once or twice, and then stopped returning his calls or text messages. He the found out about 2 months after he last saw his daugther that the mother cancelled the case. He received a letter yesterday from the AG office saying it was, indeed, cancelled. He does not wish to pursue visitation or establish paternity, but is open to relinquishing his rights to prohibit the mother from opening another case in the future for any reason. (She's a bit crazy). And he would prefer to protect his daugther from all the drama, even if that means he has no rights, especially since the incarcerated boyfriend's parents (the grandparents) are still seeing his daughter on a daily basis.
Does anyone know how a father can go about relinquishing his rights? Can he even do that? Does the mother have any say in his decision to relinquish these rights? Any advice or help would be fantastic!
Thank you!

[Neal1421]

My question involves paternity law for the State of: Texas
Recently my fiance was addressed by the AG office from an old girlfriend regarding paterinty and child support of her 2 year old daughter. They took a paternity test through a 3rd party vendor, and he was confirmed the father. The mother was seeking a relationship with my then boyfriend of 2 years, which is why she set this whole thing in motion. Her boyfriend who was named the father on the birth certificate was incarcerated for something after he broke up with her... My fiance told her numerous times that he did not want to be with her, but wanted to see his daugther and she complied once or twice, and then stopped returning his calls or text messages. He the found out about 2 months after he last saw his daugther that the mother cancelled the case. He received a letter yesterday from the AG office saying it was, indeed, cancelled. He does not wish to pursue visitation or establish paternity, but is open to relinquishing his rights to prohibit the mother from opening another case in the future for any reason. (She's a bit crazy). And he would prefer to protect his daugther from all the drama, even if that means he has no rights, especially since the incarcerated boyfriend's parents (the grandparents) are still seeing his daughter on a daily basis.
Does anyone know how a father can go about relinquishing his rights? Can he even do that? Does the mother have any say in his decision to relinquish these rights? Any advice or help would be fantastic!
Thank you!

Does he even have any rights? If her ex is on the birth certificate, was he ever legally declared the dad?

Was the paternity test your boyfriend took accepted by the courts?

If he is legally the father of the child, no he cannot just relinquish his rights. It doesn't work like that. If the child is his, she reserves the right to start child support back up whenever she wants up until the time when the child reaches the age of majority.

Also, if she ever goes on state support, he will end up paying. That is, if he is indeed legally the father.

[Polaris]

He does not currently have any rights because her ex is still on the birth ceritifcate. We think they may be back together... but we don't know because she will not answer his calls.
The paternity test was a "peace of mind" test not a legal test. He and Christin decided on the "peach of mind" test, but it will not be accepted in court. So in order for it to be accepted in court, they would have to take a legal test and submit the necessary paperwork to get the BC changed. Or they can sign an affidavit stating they both agree he's the father and then they would not have to take the test.
So, what you're saying is he can not protect himself, or his wallet in any way from her, even though she decided NOT to pursue child support because it entails him visitation?

[Neal1421]

He does not currently have any rights because her ex is still on the birth ceritifcate. We think they may be back together... but we don't know because she will not answer his calls.
The paternity test was a "peace of mind" test not a legal test. He and Christin decided on the "peach of mind" test, but it will not be accepted in court. So in order for it to be accepted in court, they would have to take a legal test and submit the necessary paperwork to get the BC changed. Or they can sign an affidavit stating they both agree he's the father and then they would not have to take the test.
So, what you're saying is he can not protect himself, or his wallet in any way from her, even though she decided NOT to pursue child support because it entails him visitation?

Ok, here's what I don't understand, if he in fact has no rights to the child, why is the AG's office addressing him? He may want to look into whether or not the boyfriend is the legal father or not. If her ex
boyfriend is the legal father, then he is not required to pay anything.

How old is the child?

Also, if your boyfriend is the father, no he cannot protect himself. He is required by law to support his child. Child support does not entitle him to visitation. If he is the father he could file for visitation without a child support order being in place.

First things first, he needs to find out why the AG is contacting him if the other person is on the birth certificate as the father.

[Polaris]

The AG's office contacted him because the mother requested their services, and he recieved a letter a few months ago stating that his child support case was with the city AG.
The boyfriend is still listed as the legal father. However, if a paternity test is done or an affidavit is signed then my fiance would assume all rights/responsibilities. So he is NOT listed as the legal father now, but in the event she goes back to the AG's office and tries to reopen the case... that's a big can of worms.
The child is almost 2.
He is the biologial father. They've had a paternity test, but it was not a legal paternity test so it will not hold up in court. She cancelled the case so he is no longer being contacted by the AG office. We're trying to be proactive by making sure we protect ourselves any ways we can from her antics.
According to the attorney generals office, paying child support and in being the biologial father does entitle him to visitation because they offer assistance for it. The mother no longer wants him to have a relationship with the child, and will not respond, and since he found out recently that he was the father, he has never been in the childs life and feels it would be easier to just let it go because the mother obviously wants that. He was willing to be compliant with child support and meet her half way on things- but he has not been given that opportunity. She brought up "terminating" his rights a while back, and he's also willing to do that, but she has made no mention of it sense and so we were wondering if he can initiate that process.

[Neal1421]

The AG's office contacted him because the mother requested their services, and he recieved a letter a few months ago stating that his child support case was with the city AG.
The boyfriend is still listed as the legal father. However, if a paternity test is done or an affidavit is signed then my fiance would assume all rights/responsibilities. So he is NOT listed as the legal father now, but in the event she goes back to the AG's office and tries to reopen the case... that's a big can of worms.
The child is almost 2.
He is the biologial father. They've had a paternity test, but it was not a legal paternity test so it will not hold up in court. She cancelled the case so he is no longer being contacted by the AG office. We're trying to be proactive by making sure we protect ourselves any ways we can from her antics.
According to the attorney generals office, paying child support and in being the biologial father does entitle him to visitation because they offer assistance for it. The mother no longer wants him to have a relationship with the child, and will not respond, and since he found out recently that he was the father, he has never been in the childs life and feels it would be easier to just let it go because the mother obviously wants that. He was willing to be compliant with child support and meet her half way on things- but he has not been given that opportunity. She brought up "terminating" his rights a while back, and he's also willing to do that, but she has made no mention of it sense and so we were wondering if he can initiate that process.

He needs to find out if a Affidavit of Paternity was signed by the woman's boyfriend, establishing him as the father.

If the AOP was signed by the other man then your boyfriend has no rights to terminate as legally it is not his child.

Again, paying child support does not entitle him to visitation! If he were legally declared the father, he could get visitation without child support being established as they are two separate issues. On the flip side of that though is that he can be paying child support and not have visitation rights because he has not filed for them.

[Polaris]

Well the latter part makes sense because on the AG website it states that he can file a complaint for visitation. I am under the impression when they set up paternity, they also set up visitation, and child support is thrown into the mix if/when she petitions for it.
I am not sure if they signed an AOP at the childs birth, but he was named the father on the Birth Certificate, the child has the boyfriends last name and I'm under the impression they completed all documents at that time to make him the legal father.
We want to prevent any futher ramifications for my fiance because he's trying to be compliant with the mother, and not cause a rift because he does not want the child to go through the turmoil.
What would you advise we do? Or is there much we can do at this point?
I feel like it's a big waiting game hinging on an indeciseive crazy woman.