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I've been on child support since November of last year in March I did a DNA test the results I'm not the father I hired an attorney to take me off of child support we did a court ordered DNA test the results are the same I'm not the father so I've been trying to get ahold of my attorney he's not even returning my calls anymore I went to the court to find out what was taking so long they told me my request for terminating my rights and taking me off of child support was denied because my attorney failed to show proof of DNA test what can I do on my own to terminate my rights for child support I already have the test and she already admitted who the father really is
How old is the child?
Is your name on the birth certificate?
Did the court order a DNA test or was it all done privately?
The baby is 11 months yes I signed the birth certificate thinking that it was my child yes it was a court order dna test
Hello Jose --
This is strange -- because if the court ordered the DNA testing then the results should have been delivered directly to the court and placed in the file -- it has nothing to do with whether or not your attorney presents the tests to the court. What you need here is a motion to reopen the paternity case and get the matter back in front of a judge so that the DNA tests can be found and you can be judged not to be the father of the child. You need to do this soon because the more time that passes the worse the situation gets. My suggestion here is that you contact another lawyer and ask the new lawyer to bring this matter back in front of the family court in order to get your name out of this child's life and have the support order cancelled. You can find a lot of family law attorneys by contacting your local county bar association and asking for referrals or even contacting the clerk's office at the court and asking for referrals. It sounds like your prior attorney dropped the ball -- but your new attorney could tell you more about that when he/she reviews the case for you. My suggestion regarding the old attorney is that you file a complaint with the Texas licensing board where attorneys are licensed for failing to follow through with your case -- the attorney should be reprimanded here because I do believe that if the first attorney had not dropped the ball on these matters then you would not be in this position right now --- these matters would be taken care of already and you would have a judgment that you are not the father of the child already. Here is a link to the State Bar of Texas where you can file a complaint against your first attorney and they may be able to assist you in finding a new one -- http://www.texasbar.com/AM/Template.cfm?Section=Complaints_Against_Your_Lawyer
The good news is that this case can be resolved in your favor -- the court will reopen the case with the right paperwork. The bad news is that you are most likely going to have to file a new claim and get a new attorney to do it.
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Would i be reimbursed for the money that I've given her for child support already
Unfortunately, the court will not order payback of child support money in these situations (sorry). However, you can pursue the first attorney in small claims court for any child support that you paid from the time of the DNA test until the time that he messed up and did not get it back to court through the date that you actually get the order stopping the child support payments. Talk to the people at the Texas State Bar about that also.