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tearia1999 · Jun 10, 2011, 03:21 PM

Everything I have posted is the entire story, nothing has been left out. When my husband called the AG's office back and told the lady she was married and her husband was the legal father she said nothing. My husband also told her he opened a child support case in GA, but it was closed due to the legal/bio law. The AG said the case will be transferred to TX because the child lives in TX, there can't be a CS case in GA because of where the child resides. There was never a court ordered dna test done there was only one dna test and that was through a company called "DNA SERVICES OF AMERICA". At this point my husband don't know what to do, and he has paid this lawyer and he is not being helpful at all.

GV70 · Jun 10, 2011, 03:52 PM

Originally Posted by tearia1999

When my husband called the AG's office back and told the lady she was married and her husband was the legal father she said nothing.

And what did you expect..?

Originally Posted by tearia1999

My husband also told her he opened a child support case in GA...he AG said the case will be transfered to TX because the child lives in TX,

Correct and lawful. A child support case has to be handled in the state where the child lives in.

Originally Posted by tearia1999

one dna test and that was through a company called "DNA SERVICES OF AMERICA"

"DNA SERVICES OF AMERICA" is recognized as trusted by the government.

Originally Posted by tearia1999

At this point my husband dont know what to do

The easiest way is to settle the problem as soon as possible.

Originally Posted by tearia1999

The Attorney General from TX called my husband yesterday asking him if he would agree to a video court conference and agree to pay child support and sign some papers.

How easy!

Originally Posted by tearia1999

We are wondering why they are calling if her husband is still the legal father.

Oh, I see where the problem is:mad::mad:... your husband makes babies with pleasure but you do not want him to be held responsible for his sexual behavior!
Everybody makes choices, and nobody should be entitled to special treatment because of those choices.

tearia1999 · Jun 10, 2011, 04:10 PM

My husband has no problem taking care of his responsibility, its not about the baby with this woman. He was sending money every month to this child and they would purposely send the money back and lying saying he has not supported this child and she would file abondament to get him arrested. We have copies of all money orders that was mailed to her as well as every returned item. This is why he went to the child support office to file a case when she was living in GA. We did not know anything about the legal/bio father law until a case worker from CS called my husband and told him the situation. He figured if he go through child support and pay them directly there would be no way she can return the money and lie and say he has not supported this child. All of a sudden she moves to TX and doing things and calling making threats. Now she says she's moving back to GA, I think she was just visiting TX. The only thing she rather see is my husband in jail instead of getting support for this child. If it was really about the child she would have stayed in GA and did what was needed to be done. CS in GA told her she can submit a DNA test through the state and that would dismiss her husband as the legal father and enter my husband as the legal and bio father. She said she was not doing another DNA test. My husband was given an appt by CS to take another DNA and he did his part. An appointment was sent to the mother twice to bring the child to get a test done in TX and she refused t o go both times. She said she wants the case to close. CS said by law they have to give a dna test through the state if they provide services and if the father ask for one. When she didn't show up to take the test that's when CS closed the test. CS said it can be done through them by taking a DNA test with the state or by the court dismissing her husband. It seems to me if that's all I had to do was take my child to take a test and then the CS case will be processed I would have done that in stead of going through all this unnessary stuff.

ScottGem · Jun 10, 2011, 04:51 PM

Originally Posted by GV70

Oh, I see where the problem is:mad::mad:...your husband makes babies with pleasure but you do not want him to be held responsible for his sexual behavior!

If you read the whole thread you would see this remark was uncalled for. The OP's husband doesn't seem to be shirking his responsibility, it is the mother who seems to be playing games with him. This is why I've been supporting the OP.

Tearia,
It appears, from the statutes that GV cites, that Tx is willing to accept jurisdiction for this case. Though I still wonder why when they haven't been there long enough to establish residency. Do you know if the AG called your attorney? You should still be working through your attorney. But, if he confirms, the law as GV has cited, then you should go ahead with the video conference. On the other hand, before this conference is scheduled, I would require that TX officially acknowledges him as the legal father. I would then take that official notification and immediately apply for joint legal custody and visitation. I would let this woman know that your husband is not an ATM. That he is perfectly willing to support his child, but he also wants to be a part of his child's life. He should then request, through his attorney, that this video conference include a hearing on the custody/visitation petition.

tearia1999 · Jun 10, 2011, 05:06 PM

ScottGem,

Thank you so much for your help. As of today, the AG has not contacted his attorney. We will continue to work with his attorney. When the child was first borned my husband told her he wanted joint custody and vistiations, she laughed at him and said that will never happen. She told him as long as he's with me he will never see his son.

ScottGem · Jun 10, 2011, 05:30 PM

Originally Posted by tearia1999

ScottGem,

Thank you so much for your help. As of today, the AG has not contacted his attorney. We will continue to work with his attorney. When the child was first borned my husband told her he wanted joint custody and vistiations, she laughed at him and said that will never happen. She told him as long as he's with me he will never see his son.

This is why I think this woman needs to be put in her place. She needs to understand that paternity is a double edged sword. While a father has responsibilities to support his progeny, he also has rights to be a part of their life. While I despair that she will make it difficult, if not impossible for him to be a part of the child's life, he can, in turn make life difficult for her.

I am bothered that the AG hasn't been in touch with your attorney. I would make sure your attorney contacts them and arranges for acknowledgement of legal paternity o he can file for custody/visitation.

tearia1999 · Jun 10, 2011, 05:34 PM

I will have my husband call his attorney and give him the AG's number so he can call her.

cdad · Jun 10, 2011, 06:11 PM

Have you even confirmed that this person claiming to be the AG actually IS the AG ?

From the way they are acting I would say they are not and just someone from the office at best. Once you told them you had representation then they shouldn't be contacting you at all. In fact its illegal to do so.

They could get into huge trouble unless its your side that initiates the call to them. You have representation and you need to use it. Their side records the calls so he needs to be careful of what he says.

ScottGem · Jun 10, 2011, 06:39 PM

Originally Posted by califdadof3

Have you even confirmed that this person claiming to be the AG actually IS the AG ?

That was the first question I asked, From post #26

Originally Posted by tearia1999

yes, I confirmed it was the AG'S office .

cdad · Jun 10, 2011, 08:03 PM

Originally Posted by ScottGem

That was the first question I asked, From post #26

In your quote it says she confirmed AG's office. It doesn't say anything about this person being the AG. They can find that information online.

In my dealings with child support offices they will say anything and don't know the law at all. Most are paid minimum wage yet make life changing decisions outside of court orders. They will lie as much as they can to get their way. Its an insane process.

Bottom line is the OP's husband is represented and should be buffered from the AG calling direct.

ScottGem · Jun 11, 2011, 04:56 AM

Originally Posted by califdadof3

In your quote it says she confirmed AG's office. It doesnt say anything about this person being the AG.

I don't think she meant the actual AG of Texas called her. I assumed she meant someone representing the AG's office. Some states (and I believe TX is one) include Support enforcement under the AG's office.

GV70 · Jun 11, 2011, 05:19 AM

Originally Posted by ScottGem

If you read the whole thread

Yes,I read the whole thread.
The OP standing is that her husband cannot be held responsible and I am become disgusted with it.

GV70 · Jun 11, 2011, 05:21 AM

Originally Posted by ScottGem

I don't think she meant the actual AG of Texas called her. I assumed she meant someone representing the AG's office. Some states (and I believe TX is one) include Support enforcement under the AG's office.

Wow! You are expecting the AG or even the Governor to call her?Why not Obama??
Bah!

GV70 · Jun 11, 2011, 05:44 AM

Originally Posted by califdadof3

office. It doesnt say anything about this person being the AG. They can find that information online. .

DCSE is a part of GA office!

ScottGem · Jun 11, 2011, 06:18 AM

Originally Posted by GV70

Yes,I read the whole thread.
The OP standing is that her husband cannot be held responsible and I am become disgusted with it.

I don't know where you are getting that. I don't read that at all. If anyone has said that it was me, based on the fact that he wasn't designated the legal father. The OP has maintained that her husband has tried to pay support and the mother is playing games with him on it.

Originally Posted by GV70

wow! You are expecting the AG or even the Governor to call her?Why not Obama???
Bah!

You don't seem to be reading this thread correctly. I was saying I assumed it wasn't the actually AG who called but a representative of the office. It was Calfidad who seemed to be thinking it was the actual AG.

tearia1999 · Jun 22, 2011, 07:06 PM

Just wanted to give everyone an update... the abondament charges that my husband was arrested for in February was dismissed. We are happy about that and so far the mother has not contacted us in two weeks.

ScottGem · Jun 22, 2011, 07:12 PM

Originally Posted by tearia1999

Just wanted to give everyone an update...the abondament charges that my husband was arrested for in febuary was dismissed. We are happy about that and so far the mother has not contacted us in two weeks.

That was the GA case? What about form TX?

tearia1999 · Jun 22, 2011, 07:33 PM

We have not heard anything from TX. We asked the lawyer if he heard anything from the AG's office he said no, but he's sure its not over.

tearia1999 · Jun 22, 2011, 07:36 PM

Can my husband file charges against her for having him falsly arrested and causing him to miss work and costing us money on bonding him out

ScottGem · Jun 23, 2011, 03:25 AM

Originally Posted by tearia1999

can my husband file charges against her for having him falsly arrested and causing him to miss work and costing us money on bonding him out

Frankly, I'm not sure. I would ask your lawyer. Its possible. But it could be a matter that she simply was not aware of the law and might not be liable in that case. You would have to prove that she maliciously and knowingly caused the false arrest. But even more than that, I doubt if she has any money to recoup your husband's losses.