Paternity

Texas’ Law for Mistaken Paternity: Texas SB785

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 passed a new Paternity law, Texas SB785, effective May 13, 2011, 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.

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 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.

This 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. A man must file the petition to determine genetic parentage no later than the first anniversary of the date on which he becomes aware of facts indicating the he is not the child’s genetic father. Contact an attorney now!

By Nacol Law Firm | Paternity
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TIME IS TICKING on the New Texas Mistaken Paternity Law

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 new law, Texas SB785, 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.

If the court order states that the father listed on the birth certificate is not the biological father and the information can be removed from the birth record, then the birth certificate can be revised as well.

Even if the parent-child relationship is terminated, the man may request the court to order periods 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. Remember 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. If you wait to file for relief, you will be barred! Contact an attorney now!

By Nacol Law Firm | Paternity
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How Can The Uniform Interstate Family Support Act (UIFSA) Affect Your Family Interstate Jurisdiction Problems?

Are you a parent having trouble collecting your child support for the children because your EX-spouse lives in another state? This has been a problem for many families for a long time. The United States Congress recognized this problem and mandated all states to adopt the Uniform Interstate Family Support Act (UIFSA) to facilitate collection of child support across state lines.

It is no surprise that people move, but when trying to collect child support from an out-of-state parent you may need legal help to avoid unpleasant surprises.

When more than one state is involved in establishing, enforcing or modifying a child or spousal support order, the UIFSA determines the jurisdiction and power of the courts in the different states. The Act also establishes which state’s law will be applied, an important factor as support laws vary greatly among the states.

If there is no current child support order and the child and one parent live in Texas, the order or paternity determination may be established without another state’s involvement. If the parents have sufficient contact with Texas, the court may be able to enter an order even if one parent does not currently live in the state. UIFSA enables Texas and another state to cooperate to establish a child support order if another state’s assistance is needed because of residency issues.

UIFSA permits only one active support order for a case at a time. When there are multiple orders, UIFSA determines which support order will be followed, known as the “controlling order.” Orders may be registered in a different state for enforcement and modification purposes. The initiating state sends the order and documents to the responding state. The responding state registers the order and sends a notice to the other parent. The other parent has 20 days to file written objections regarding the order. If objections are made prior to the deadline, the court will hold a hearing and decide whether the order should be registered.

UIFSA also allows parents to enforce their support orders without the assistance of the state where the obligor (paying parent) lives. A withholding order, in many cases, can be sent directly to the out-of-state obligor’s employer requiring child support be deducted from the parent’s wages. The responding state also has the authority to pursue collection through enforcement hearings, license suspension, or incarceration of the delinquent, non-custodial parent.

If financial or other circumstances have changed, you may also request the court to modify a child support order. UIFSA sets the rules for modification. If either of the parents or the child still lives in the state that issued the controlling order, changes in the support amount must occur there. Otherwise the order may be registered and modified in the child’s home state. The child’s home state is generally where the child has resided for six (6) months with a parent.

If all parties have left the state that issued the controlling order, that state cannot change the support amount. To modify support, the order must be registered for modification in the state of residence of the parent not seeking modification.

UIFSA allows both parents to agree in writing that the state where one parent resides may modify the order and take control of the case. When a state modifies another state’s order, the new support amount is the amount to be collected by all any state in which the obligor resides.

Parents often turn to the Texas Attorney General for assistance in the collection and enforcement of child support, and that can be a good choice. However, parents – especially those who are experiencing continued delays and roadblocks – can hire a private attorney to advocate on their behalf and for the benefit of their children. An attorney can also provide guidance in enforcing and modifying terms of visitation.

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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! 

By Nacol Law Firm | Paternity
DETAIL

Please contact father’s rights Dallas Attorney Mark Nacol, or father’s rights Dallas Attorney Julian Nacol with the Nacol Law Firm P.C., for legal insight to your rights as a father. Both attorney Mark Nacol, and attorney Julian Nacol , provide counsel in the area of family law including divorce, father’s rights, interstate jurisdiction, child support, child custody, visitation, paternity, parent alienation, modifications, property division, asset division and more. Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization. Our attorneys at The Nacol Law Firm P.C. serve clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Prosper, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.

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