13
Nov
2011

Texas SB785: New Texas Law for Mistaken Paternity

We hear a lot about dead-beat dads, or parents who do not pay their child support obligations.  Now it is time for “fathers” or men who have been paying child support for children who are not their biological children to assert their rights.

Texas has a new law, Texas SB785, which permits men who have been ordered to pay child support, without genetic testing, to request genetic testing in order to determine whether they are the genetic parent of the child. 

But the clock is ticking.   If you suspect that you are paying child support for a child who is not your biological child, you must file the petition before September 1, 2012.

After September 1, 2012, a man must file a petition to determine genetic parentage no later than the first anniversary of the date on which he becomes aware of facts indicating that he is not the child’s genetic father.

In order to file for relief under this new law, the man must have signed an acknowledgement of paternity or failed to contest paternity in the previous proceeding because of a mistaken belief that he was the child’s father based on misrepresentations that led him to that conclusion.

If the man knew he was not the father at the time he signed the acknowledgement of paternity or the previous court order, the new law does not apply.

If the genetic testing concludes that the man is not the child’s genetic father, the court shall render an order terminating the parent-child relationship and terminating the man’s obligation for future child support.

The new order, however, does not affect the man’s obligations for child support or child support arrearages accrued before the date of the order.  However, the accrued obligations are not enforceable by contempt proceedings. 

Even if the parent-child relationship is terminated, the man may request the court to order period of possession or access to the child following the termination.  The court may order periods of possession or access to the child only if the court determines that denial of possession or access would significantly impair the child’s physical health or emotional well-being.  The law directs the court to focus on the child’s well-being, not on the man’s desire to continue seeing the child.

If you have been paying child support due to a mistaken belief that you were the father, the time to act is now.  If you wait to file for relief, you will be barred.  Contact an attorney now! 

17
Jan
2011

Torn Apart – Children and Divorce

Despite the difficulties faced in a divorce, the children should not be placed in the center of the crossfire.  During the divorce process, and sometimes following the divorce process, it is not uncommon for a parent to become so wrapped up in anger, vengeance or simply being “right” that they forget the effect the whole process is having on the children.  Below are some behaviors to avoid and some suggestions to assist you with improving your communications during the divorce process:

  1. Do not use children as messengers between “mom” and “dad.”
  2. Do not criticize your former spouse in the presence of your children because children realize they are part “mom” and part “dad.”
  3. Resist any temptation to allow your children to act as your caretaker.  Children need to be allowed the freedom to be “children.”  Taking on such responsibility at an early age degrades their self-esteem, feeds anger and hinders a child’s ability to relate to their peers.
  4. Encourage your children to see your former spouse frequently.  Promote a good relationship for the benefit of the child.
  5. Do not argue with your former spouse in the presence of the children.  No matter what the situation, the child will feel torn between taking “mommy’s” side and “daddy’s” side.
  6. At every step during the divorce process, remind yourself that your children’s interests are paramount, even over your own. 
  7. If you are the non-primary parent, pay your child support.
  8. If you are the primary parent and are not receiving child support, do not tell your children.  This feeds a child’s sense of abandonment and erodes their stability.
  9. Remember that the Court’s view child support and child custody as two separate and distinct issues.  Children do not understand whether “mommy” and/or “daddy” paid child support, but they do understand that “mommy” and/or “daddy” wants to see me.
  10. If at all possible, do not uproot your children.  When a family is falling apart, a child needs a stable home and school life to buffer the trauma.
  11. If you have an addiction problem, whether it be drugs, alcohol or any other affliction, seek help immediately.  Such impairments inhibit your ability to reassure your children and give them the attention they need.
  12. If you are having difficulty dealing with issues relating to your former spouse, discuss such issues with mental health professionals and counselors.
  13. Reassure your children that they are loved and that they have no fault in the divorce.

Though these steps are not all-inclusive, they will assist you in dealing with the complex issues of a divorce and hopefully minimize the impact of the divorce process on the children.

1
Nov
2010

A Father’s Uphill Battle – I Love My Children

A regrettable truth in family law often finds one parent unilaterally removing a child from the other parent while dissolving a marriage without any grounds or evidence of wrongdoing. Not surprisingly, disturbing numbers of children are routinely separated from loving, responsible parents for reasons that have nothing to do with their wishes, safety, health, or welfare and many times have to do with a lack of proper legal counsel.

In 50% of the marriages that end in divorce, 80% of these are over the objection of one spouse (close to 100% when children are involved). I am sure you have heard about “custody battles,” but you probably do not know that many start out with one parent taking a child from the other and refusing visitation until a court orders possession sometimes months down the line. You have heard about the witch hunt for “deadbeat dads,” but did you know that many of these fathers are well educated men who have lost their jobs due to a downtrodden economy and still love their children and want to play a leading role in their lives and upbringing. You have heard the hysteria over “child abuse,” but did you know that many accusations against fathers are shown to be false and used by one parent as a weapon to alienate the children from the other parent.

David Popenoe in his book “Life Without Father” tells us that negative consequences of fatherlessness are all around us. Evidence indicating damage to children growing up in fatherless homes has accumulated in near tidal-wave proportions. Fatherless children experience significantly more physical, emotional, and behavioral problems than do children growing up in intact families.

Children from fatherless homes are:

  • 5 times more likely to commit suicide
  • 32 times more likely to run away
  • 20 times more likely to have behavioral disorders
  • 14 times more likely to commit rape
  • 9 times more likely to drop out of high school
  • 10 times more likely to abuse chemical substances
  • 9 times more likely to end up in a state-operated institution
  • 20 times more likely to end up in prison.

(Information from Mark Hall, Father’s Manifesto).

In “My Rewar, My Punishment…My Son, Sons of Divorce,” Steven Manchester describes the situation many dads are dealing with when exercising visitation:

“I’d take my son for our court-ordered visits, only to drop him off two hours later, so another man could bounce him off his lap. Ironically, each new boyfriend was given all the time he wanted with my son. At first, it killed me, but I decided, “Whatever’s best for my boy. His happiness must come first!” Though it stung terribly, that attitude sustained me all the way to Christmas.

I waited in my old driveway for 4 excruciating hours, while three inches of snow muffled the screams from the cab of my truck. When they finally pulled in, my ex-wife snickered, “I must have lost track of time?” and handed over my son. I was livid! My boy was dead tired and half-asleep. And the EX…well…she just grinned, confident that there was nothing I could do about it. It took everything I had left to conceal my tears. I didn’t plan to give her anything for Christmas and was doing my best to stick to the plan.”

It is a sad scenario. 

In divorce court, many fathers are left feeling that everything they have done, years of hard work, years of tender love, years of unstinting devotion to their family and children count as nothing.

In the 1960’s women fought hard to get laws passed to protect them against family violence, stalking and sexual harassment.  The shame is that women of the 1990′s now use these same needed and appropriate laws wrongfully to their advantage and feel justified in punishing their spouse for wrongs they feel have been done to them by misusing the legal system; and in the process erase fathers from the lives of their children!

The facts are that many times the courtroom becomes a legal battleground.  Inadequate counsel or absence of counsel can result in decisions that negatively affect children and the family for years to come.

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