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dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience:  JD Degree, Social Service Experience, Child Support Officer
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When the State of Texas goes after a man for child support, ...

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When the State of Texas goes after a man for child support, doesn''t the State first have to prove paternity, and PAY for it? My nephew has a 5.16.08 court date in another city re: a 14-mon. girl who''s probably his daughter, but he has no atty & is terrified. Worse, the mother & grandmother of the child both have drug problems, with no inclination to stop. How can he make sure he''s supporting the baby, and not their drug habits?


Yes, your nephew has to be declared to be the biological father before any support is ordered. Often the child support enforcement unit does it and orders support all at the same time. Another thing that happends is that, somehow, the Petition to Establish paternity magically does not get delivered to the alleged father.

As to the second part of your question, he actually cannot be sure where the money is going, but he should get visitation as soon as possible and make sure that he is in her life all the time. That is probably the best way to "oversee" the safety and health of the little girl. The child support enforcement does not usually assist a person with getting visitation ordered, however.

Your nephew should demand a DNA test right away and ask for a copy of the entire file. He should then ask for a continuance until the DNA results come back. It probably will be all right. If the mother and grandmother have a private attorney, instead of the chld support enforcement, then your nephew definitley must have an attorney for his own good. Good luck to your family.

dkennedy and 3 other Family Law Specialists are ready to help you
Customer: replied 9 years ago.
Reply to dkennedy's Post: Do we have the right to request drug testing (preferably hair analysis, which shows drug use over the past few months) of the people living in the baby's household?

Since the mother, grandmother, and grandmother's boyfriend are all drug abusers, this condition would help assure the baby's safety. And since we live so far away, it would help achieve piece of mind.