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Child support questions, modification and terminating rights?

  • I have a couple of questions. I'll start by explaining the situation that I am in. The child is now 9 years old. In 2008 I was served child support papers for a child that I thought was not mine. (I had suspected when the mother was pregnant that he could have been mine but she and the man she left me for assured me he wasn't mine.) I responded to that summons and requested a DNA test to be sure. The court replied with an appointment for DNA test and I went and had it done. Two years went by, I never got any results or anything so I assumed the test proved I was not the father. Then, in October of 2010 I was served papers again for the same child only this time he was in state custody of TN and I'm in FL where the child was born. The summons said I was the legal father and how I had to pay child support, so I figured the DNA test proved I was the father and they just messed up somewhere. I went to child support enforcement to get a copy of the DNA results to send to the social worker handling the case of the child for adoption. AND Child support enforcement told me the child was never tested. They said that they made numerous appointments and the mother was always a no-show and then after months of making appointment after appointment, her phone was disconnected so they closed the case. I went to court and the judge told me that the state of TN deemed me the legal father and how a DNA test was irrelivent. I sent in money orders for the first 3 months like they said I had to, only to find out that they had been deducting it all along. For the last year and 3 months I have been begging the social worker for pemission to see the child, speak to the child, write the child and she kept saying she had to leave it up to the therapist because his mother abused him so bad that he has mental and emotional problems. Well I got a summons a few days ago saying that TN is terminating my parental rights. And they are doing so because "I am not a good parent" and "I refused to see the child, speak to the child, write the child ". It says I didn't contact CPS until after I was forced to pay child support which is not true, I contacted CPS after I got a letter in the mail saying the child was in state cusody and how he 'could be a reletive or kin'.This was Months before I went to court. Also I never refused to pay child so how did they force me? And I have to go up to TN in 2 weeks. The social worker basically set me up and now I feel so stupid because my wife predicted it after the social worker told us the first time we spoke to her that the lesbian foster couple wanted to adopt the child permanently. I am not a bad father, I have 2 kids that I live with and take care of, we have a strong relationship and I pay child support to this child in TN and I still have no idea if he's even mine because he never took a DNA test. The social worker said that the child is not getting my child support payments and that it's going to the state of TN to pay for the mothers cash assistance debt. (?) Also I was layed off in June and I requested a modification because I am making so much less now it's pathetic. They are taking almost all of my pay to the point that my wife, kids and I had to move in with family just so we don't live on the streets and it's now 8 months later and I have not gotten a modification. Here are my questions: 1) On the termination of parental rights summons it says "The order sought would sever forever all of the respondent's rights, responsibilities, and obligations" Is this true? Because I've heard of parents losing their rights and still having to pay child support. Anybody know the answer to this or are the courts lying as usual? 2) How long does it take for them to give you a modification after you put in the request? It's been 8 months and my kids are suffering and going without NEEDS because they are taking out as if I was making what I made before I was layed off. 3) Can the state of TN take my support payments to repay the mothers cash assistance welfare debt? The mother of the child lost custody 2 years ago, why isn't the child getting the money I pay, it's not a small payment, it's A LOT so much so that I am embaressed to say cus I feel like a fool that was taken advantage of. 4) I still would like to know if this is my biological child, Sometimes it keeps me up at night. I've never met the child. I've only seen 2 pictures. Is there a way I can get a DNA test? The judge who orderd child support said that the State of TN made me the legal father without it and I can't do anything about it, is that true, can they do that? I want to know, it's not fair to the child or me not knowing if we're relatedThanks in advance.

  • Answer:

    Here are two Dads House Facebook groups you will want to join, and one more political group in Tennessee. I had a much longer answer to your questions, but Yahoo will not save it. http://www.facebook.com/groups/FL.DadsHouseEdCtr/ http://www.facebook.com/groups/TN.DadsHouseEdCtr/ http://www.facebook.com/DadsOfTennessee http://groups.yahoo.com/group/Dads_House_Ed_Ctr/

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Other answers

I know it may not be possible but you really need to find a way to get an attorney. The only question I can answer is that, yes, they can and will take child support to pay for anything the mother got from the state while she was not receiving child support. I'm sorry for your situation and I hope things work out for you and your family.

Jen

sit down with the child's other parent & discuss your concerns without using emotion. the strength of your co parenting relationship is important to the child's health. if you believe the info needs official documentation, consult the child's attorney & have it notarized or okayed by a judge. you don't need the courts to tell you how to parent... right?!

KitKat

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