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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 24492
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I have a child support case being pursued by the state against

Customer Question

I have a child support case being pursued by the state against the father. The father just "sued" me I think. I was served with "termination of parental rights" paperwork. What does that mean for us?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Just to be clear, it is the father that is seeking to terminate his parental right?
Customer: replied 1 year ago.

yes. I was just served with papers. It says that I have alienated him from seeing the child. he wants attorney fees as well as my medical history and my ancestors medical history. And also he doesn't want charlie to be able to inherit from him. There is a 6 page affadavit attached which describes our relationship...some of it isn't true.

What I'm wanting to know is this:

What does this mean for my child support case? We are in different states and the "state" is handling it

Do I need a lawyer?

How do I respond to this?

Am I in any danger of losing my child? I don't have a job at the moment.

Expert:  FamilyAnswer replied 1 year ago.
Thank you for the additional information. Even if his parental rights are terminated, it does not necessarily mean that his financial obligation to pay child support would be as well. That is at the discretion of the court, so while he may be giving up his rights to the child, the obligation to pay, would still remain, so he may not fully understand what is going to happen. Ideally, you want an attorney but you are not required to have one. You do want to file an answer and respond to the allegations made and also address the matter with child support and how you want it being paid, since he is the father. Based upon what you shared above, he does not appear to be seeking the child at all and you would not lose the child, unless the child was harmed.
Customer: replied 1 year ago.

I am really nervous after reading some things online because in order to terminate a parent's rights...the other parent is heavily scrutinized right? I have been on support from the state and have filed bankruptcy. The bankruptcy should be cleared this month. I can't get a job until it is finalized. No he's not seeking the child...he only wants to keep from paying child support. So will he be able to do that?

Expert:  FamilyAnswer replied 1 year ago.
Based upon what you wrote, he sounds as thought he is trying to terminate his rights, is that correct or he is trying to terminate your parental right?
Customer: replied 1 year ago.

I think he wants to terminate HIS rights but this document looks like a very bad cut and paste job by his attorney and so it's confusing. The affadavit makes it clear that he wants to terminate his rights. I'm attaching it

Attachment: 2015-07-03_170317_epson046.pdf

Expert:  FamilyAnswer replied 1 year ago.
Yes, he is looking to terminate his parental rights and there appears to be a written statement by him as to the reason for it. He is not trying to take the child away from you if he is giving up his rights, he just does not want anything to do with the child.
Customer: replied 1 year ago.

Right I know he is not trying to take the child from me. But he is trying to get out of paying child support! So can he do that?

Expert:  FamilyAnswer replied 1 year ago.
You would need to file an answer/response objecting to it and asking that his obligation to pay support remains. If his issues are with him not being able to see the child, you may have to allow it to get the support. Termination of the man’s parental rights ends the obligation to pay future support, as of the date the order is rendered. The order does not eliminate any child support obligations before that date or any interest that has accrued. The man is still responsible for arrears that accrued up to the termination date, as well as for interest that accrues after the termination date.
Customer: replied 1 year ago.

I don't have the money for a lawyer... How do I file a response myself?

Expert:  FamilyAnswer replied 1 year ago.
You need to respond to the allegations that were made by him in the petition. You need to answer them. If you are unsure, then you need to contact your legal legal aid office and see if they can represent you or help prepare your responsive pleadings. You want to dispute his allegations and show that what he claims is not the case and his obligation to pay support and maintain his parental rights, shall remain.
Customer: replied 1 year ago.

this was filed in texas tho. i live in ga. do i need to find a lawyer in texas?

Expert:  FamilyAnswer replied 1 year ago.
Yes, if the matter is before the Texas court, an attorney in Texas would need to handle the matter. Of course, if you live in GA with the child, there could be a potential motion to dismiss, if the court would not have the jurisdiction to hear the matter, since the child does not reside there.
Customer: replied 1 year ago.

how can i get a motion to dismiss?

Expert:  FamilyAnswer replied 1 year ago.
You would need to file it. You need to draft it and file it as your responsive pleadings.
Customer: replied 1 year ago.

How can I get a template or find out what to write?

Expert:  FamilyAnswer replied 1 year ago.
You can contact the clerk of court or look online, for a template, that will show you the format. Then, you need to research the issue and raise the jurisdictional allegation, if it applies. You may want to go to the law library at your court house, since they likely provide the resources for you to use.
Customer: replied 1 year ago.

Thank you for your help. I don't feel much better though. As far as alligations go...the only thing I see is #8 a.

Is that all I have to answer? Or do I need to respond to all the things in exhibit "a"??

I need you to direct me to a website for a template if possible. I'm not aware of one. I also don't want to pack up a child and go to the law library. That is why I paid for this service.

Expert:  FamilyAnswer replied 1 year ago.
I am going to opt out at this time and another Expert may be able to help. I understand what you are asking for and it goes beyond what the original question which was asked. Please hold on and thank you for understanding. .
Customer: replied 1 year ago.

Okay thank you

Customer: replied 1 year ago.

You provided a form for me to send the answer but at the bottom of it, it says "if this is a family law case please use the family law form". I am unable to find that form online. Can you please assist me with that as a follow up to my previous question.