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! 

Children – The Innocent Bystanders of Divorce

Divorce, in many cases, has a life-altering impact on a child’s development and well-being.  Given that one out of every two marriages ends in divorce, thousands of children are impacted each year. Divorce places enormous stress on a child trying to adjust to new feelings and rapidly changing situations in their lives. The resulting instability often leads to resentment towards the child’s parents and a difficulty acclimating to all the abrupt and immediate changes in a child’s life.

Children perceive divorce as a very traumatic event and are very concerned about their security. Many children internalize the dissolution and blame themselves for the breakup. They are scared that both parents may leave them.

Some very disturbing research on children and divorce has just been released by the Census Bureau Study, “The Marital Events of Americans: 2009”.

*1.5% of US children live in the home of a parent who divorced in the last year. The average age of the child is 9.8 yrs. old and the male/female ration is 1:1.

*64% of the children were White, non- Hispanic children, with the largest percentage living in the South (41%).

*Children living with a divorced parent are likely to be in a household below the poverty level (28%) and more likely to be living in a rented home (53%).

*Most children live in a mother headed households (73%). Because mothers have lower earning potential in the labor force, the family often lives below the poverty level.

*These children of divorce are often living with their parents’ unmarried partner (13%).  Only 5% of the children are living in a household with a married couple.

Children of divorce often suffer from anxiety, depression and reduced self-esteem issues.  Robert Hughes, associate professor in the Dept. of Human Development and Family Science, Ohio State University, found that children from divorce are more aggressive and more likely to get in to trouble with school authorities or police during adolescence. Also children from divorce are more vulnerable to becoming a victim of violence or become a perpetrator of violent acts on themselves and or others.

If you are considering divorce, carefully consider the impact on your children. To help children through this difficult time, parents must realize and accept that they are responsible for this situation and that their children often suffer as a result of the parent’s decision.

Parents should be very sensitive to the child’s emotional needs to ensure the best possible adjustment of his or her mental, physical, spiritual well-being towards a healthy, responsible adult.  Remember! Your child is the “Innocent Bystander.”

Seek professional help if you child is struggling with the changes in his or her life. Your attorney knows a resource that may be available to address your child’s pressing needs.

Improving Your Chances of Gaining Custody