Austin, TX asked in Family Law and Child Custody for Texas

Q: I was served paper from a constable today stating the state is filing chapter 161 on me for a child I did not know I had

I dated a woman briefly in 2010 according to the paperwork she has put her children in extreme danger, she has a 13 yr old son that she is claiming is mine we have never taken a paternity test and I have not heard for this woman in 13 yrs. The child is currently in custody with the state and they are filing chapter 161 to terminate parental rights but I do not know if this is my child or what I should do next.

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2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: Assuming you were not married to the mother when the child was born, you can deny paternity. If the mother or the state desire to prove your paternity, they can require a paternity test.

Or you can admit / claim paternity, and intervene for custody of the child.

Or you can relinquish paternity, and allow the state to remove the child from the mother and place him/her up for adoption.

Melissa O'Neal agrees with this answer

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Angleton, TX
  • Licensed in Texas

A: I would add that you can request DNA in these circumstances to determine for certain if the child is yours. If you qualify you should be able to get a court appointed attorney where the state is trying to terminate your rights.

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