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  1. #1

    Default Petition To Terminate Parent-Child Relationship

    My question involves paternity law for the State of: Texas

    I was just served with an Originial Petition to Terminate Parent-Child Relationship with a copy of a DNA test today. The DNA test states that my daughter's legal father at this time is ruled out as her biological father. In the order it asks that an amicus attorney be appointed for my daughter to protect her best interest.

    My ex-boyfriend and I signed the Acknowledgment of paternity in the hospital when my daughter was born. At the time and even to this day I always believed that he was her father. I have been through absolute hell with this guy from the very beginning so it is not like I tried to deceive him in anyway for my benefit. We have been to court numerous times over my daughter for custody and child support issues. Each time he denied a paternity test and acknowledge that he was indeed her father.

    My daughter is now five years old and her dad no longer wanted to have to pay child support so he decided to have a DNA test done. The results I said in the beginning came back that he is ruled out as the biological father.

    Can anyone tell me what will happen when we go to court and if an amicus attorney representing the best interest of my daughter is a good thing or is he requesting that for a bad reason?

    I am completely ok with all his rights being terminated if that means him being out of our lives forever. I also am concerned that he wants his parent-child relationship terminated but will still want visitations with my daughter. Would a judge grant this? Please help. I am so confused!! I am a single mother with three children and do not have money for an attorney.

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
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    4,494

    Default Re: Petition To Terminate Parent-Child Relationship

    The attorney will look out for the child's best interest. So, in that manner, it's good for the child. There isn't much that a 5 year old can lend to the case, so the attorney will probably draw his own conclusions.

    As far as the other issues, if his petition to terminate his parental rights is granted, he will no longer be allowed to (legally) visit this child, because he will have no child. IN MY OPINION (only) he shouldn't have to pay child support. If you didn't tell him that you had been intimate with anyone else during the course of your relationship, he had been deceived, and shouldn't have to support a child that doesn't belong to him. That responsibility should fall upon whatever man you slept with and subsequently made a child with.

    Unfortunately, his petition may be denied, and that's sad because you may find that he will cut off the relationship with the child anyway... and he'll have even more of a motivation to keep you in and out of court re: child support and an even bigger motivation not to pay it.

  3. #3

    Default Re: Petition To Terminate Parent-Child Relationship

    As I said in my first post, I in no way tried to deceive him. He knew what the situation was from the very beginning. After speaking with my doctor and the timing we both decided that she had to be his. He was with me every step of the way and knew everything that was going on.

    I agree that if he is not the father he should not have to pay, but in the same terms he should not have any legal rights to her. That is what I am trying to find out. I have read several cases where after an AOP is signed and the person has been involved in the childs life the judge keeps him as the legal father. I do not want this! If he is not her father than fine. I don't want him to pay child support and I don't want him to have any rights to her.

  4. #4
    Join Date
    May 2008
    Posts
    582

    Default Re: Petition To Terminate Parent-Child Relationship

    I am going through a similar type of situation. My child's father signed an acknowledgement of paternity. I offered to pay for 2 DNA tests, but he declined to take advantage of it. The time to recind the request has expired.

    Now we are in court and all of sudden he wants to do the DNA test. I am wondering why he's asking now. I wondered if he's doing it so he can file a termination of parental rights so he can get out of paying child support. I've been advised once they sign the acknowledgement of paternity form that's it. It doesn't matter what comes back with the DNA test. He's already said he's the father by the acknowledgement.

    We are also in Texas, so I think we are on common ground. I'd go for sole custody, no visitation and then leave it the Attorney General to enforce an order for child support.

  5. #5

    Default Re: Petition To Terminate Parent-Child Relationship

    Does anyone know how to file a respose for an order to terminate parent child relationshipor where to get the forms to do this? I thought I would just go to the county clerk at the court house and tell them I needed to file a respose, but apparently they do not provide the forms to do so. I can not afford an attorney at this time, but I am working on it. Can I ask for more time to find an attorney? How would i do this? I live in texas.

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