Hello! Thanks for using AskaLawyer. My name is Stephen, and I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started: I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. Are you the mom or the dad? Both parents have the duty to provide support. Child support cannot be waived. It can be forgiven by the other parent if the state is not paying benefits, but avoiding it if the other parent or state wants it, no.

In Texas, once paternity is established, the father is generally obligated to provide child support (Texas Family Code, Chapter 154 (Title 5, Subtitle B)).

• Establishing paternity: Once paternity is legally established, the father will have both rights and responsibilities, including the obligation to support the child financially.
• Obligation: Texas law mandates that both parents have a duty to support their child. The court typically calculates child support based on the non-custodial parent's income and the number of children requiring support.
• Retroactive support: Texas courts may order retroactive child support, which means the father could be required to pay support for the period before paternity was established, potentially up to four years prior, unless there is evidence that the father knew or should have known about the child and attempted to avoid support (Tex. Fam. Code §154.009).
• Legal Proceedings: It is advisable to engage in legal proceedings to formally establish paternity and address child support obligations. This ensures that all legal rights and responsibilities are clearly defined.

If you require more detailed guidance, consulting with a family law attorney in Texas is recommended to navigate the complexities of your case effectively.

In Texas, a father can seek custody or modify existing custody arrangements if he believes the mother is being manipulative or is unjustly preventing him from having a relationship with the child. Here are the steps and considerations involved:

Best Interest of the Child: Texas courts prioritize the best interest of the child when determining custody arrangements. If the father's involvement is deemed beneficial for the child, the court may consider modifying custody.

Evidence of Manipulation: The father must provide evidence that the mother is manipulating the situation or alienating the child from him. This could include documentation of denied visitation, communication records, or witness testimonies.

Filing a Suit Affecting the Parent-Child Relationship (SAPCR): The father can file a SAPCR to request a change in custody or visitation rights. This legal action allows the court to review and potentially modify existing orders.

Temporary Orders: If immediate action is necessary, the father can request temporary orders to establish visitation or custody arrangements while the case is pending.

Legal Representation: It is advisable for the father to seek legal representation to navigate the complexities of custody disputes and to effectively present his case in court.

In Texas, to address issues of custody and visitation, you would typically initiate a legal action known as a Suit Affecting the Parent-Child Relationship (SAPCR). Here is how you can proceed:

Filing a SAPCR: You would file a SAPCR in the district court or family court in the county where the child resides. This legal action allows you to request changes to custody, visitation, and child support arrangements.

Gathering Evidence: Collect all relevant evidence that demonstrates the mother's manipulative behavior or attempts to alienate the child from you. This may include:

• Communication records (texts, emails) showing denied visitation or manipulative behavior.
• Witness statements from individuals who have observed the mother's behavior.
• Documentation of any attempts you made to maintain contact with the child.

Submitting Evidence: Once the SAPCR is filed, you will have the opportunity to present your evidence during court proceedings. It is crucial to organize and present this evidence clearly to support your case.

Temporary Orders Hearing: If immediate action is necessary, you can request a temporary orders hearing. This allows the court to establish interim custody and visitation arrangements while the case is pending.

Legal Representation: Engaging a family law attorney is advisable to ensure that your rights are effectively represented and to navigate the legal process.

Obtaining a witness statement involves several steps to ensure that the testimony is credible and useful in court proceedings. Here is a detailed process you can follow:

Identify Potential Witnesses: Determine individuals who have directly observed the mother's behavior or have relevant information about the situation. This could include family members, friends, neighbors, or professionals such as teachers or counselors.

Request a Statement: Contact the potential witnesses and explain the situation. Politely request that they provide a written statement detailing their observations. Ensure they understand the importance of their testimony in the legal process.

Drafting the Statement: The witness should draft a clear and concise statement that includes:

• Their full name, address, and contact information.
• A detailed account of their observations, including dates, times, and specific incidents.
• Any relevant interactions they have had with the mother or child.
• A declaration that the statement is true to the best of their knowledge.

Notarization: Although not always required, having the witness statement notarized can add credibility. The witness can visit a notary public to have their signature notarized, affirming the authenticity of the statement.

Submission to the Court: Once the statement is prepared, it can be submitted as part of your evidence in the SAPCR proceedings. Ensure that you keep a copy for your records.

In Texas, requesting child support is generally not considered retaliation. Child support is a legal right and obligation intended to ensure that the child's financial needs are met by both parents. Here are some important considerations:

Legal Obligation: Both parents have a legal duty to support their child financially. Requesting child support is a legitimate action to fulfill this obligation and is not inherently retaliatory.

Best Interest of the Child: The primary purpose of child support is to serve the best interest of the child by providing for their needs, including housing, education, healthcare, and other necessities.

Retaliation Concerns: If there are concerns that a request for child support is being perceived as retaliation, it is important to document the genuine need for support and the child's best interest. This can include evidence of the child's expenses and the financial disparity between the parents.

Legal Proceedings: If you are concerned about how the request might be perceived, consulting with a family law attorney can provide guidance on how to present your case effectively and address any claims of retaliation.

In Texas, if a mother threatens to file a restraining order in response to inquiries about the child, it could potentially be considered manipulative behavior, especially if the threat is unfounded and intended to prevent legitimate parental involvement. Here are some considerations:

Legitimate Concerns: A restraining order is a legal tool intended to protect individuals from harassment or harm. If there is no legitimate basis for such an order, using it as a threat could be seen as manipulative.

Documenting Interactions: It is crucial to document all interactions with the mother, including any threats made. This documentation can serve as evidence if the matter is brought before a court.

Parental Rights: Both parents have the right to be involved in their child's life, barring any legal restrictions. Threatening a restraining order without cause may infringe upon these rights.

Legal Action: If you believe the threat is being used to manipulate or alienate you from your child, you may consider addressing this in a Suit Affecting the Parent-Child Relationship (SAPCR). This legal action can help establish or modify custody and visitation rights.

Consulting an Attorney: It is advisable to consult with a family law attorney to assess the situation and determine the best course of action. An attorney can provide guidance on how to protect your rights and address any manipulative behavior legally.

Yes, in Texas, you can file a Suit Affecting the Parent-Child Relationship (SAPCR) concurrently with a Petition to Establish Paternity. This is a common legal strategy when paternity has not yet been legally established, and you wish to address issues such as custody, visitation, and child support. Here is how you can proceed:

Filing the Petition: You can file a Petition to Establish Paternity to legally determine the father of the child. This is the first step in securing parental rights and responsibilities.

Combining with SAPCR: Alongside the Petition to Establish Paternity, you can file a SAPCR to address other parental rights and obligations, such as custody, visitation, and child support. This allows the court to consider all related issues in a single proceeding.

Legal Process: The court will first address the issue of paternity. Once paternity is established, the court will proceed to consider custody, visitation, and support arrangements based on the best interest of the child.

Temporary Orders: If immediate arrangements are necessary, you can request temporary orders to establish interim custody and visitation rights while the case is pending.

I hope I was able to answer your question. Thank you very much for using AskaLawyer. Take care now.