• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

general question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

deb2313

Junior Member
What is the name of your state? Ca
I was wanting to know, is it a crime to withhold information or misleading information to receive state aid in the state of TX. I have a situation where a custodial parent put my husband down as the father of her child after he relinquished his rights in 2001, we have the judgment on this. And due to her having too many children with too many men she has applied for state aid, and I am wanting to prosecute if I can take this further. Due to the fact she can work, she is more than able yet she wants to sit on her rear and let the tax payers pay for her LAZY BUTT!
 


racer72

Senior Member
A man cannot relinquish his rights or responsibilities to a child that he fathered. Only a court can do this and it would require someone else stepping in and adopting the child or the removing the parental rights due to abuse etc. If you husband is the father of the child, he is responsible to help support the child, whether the mother works or sits on her butt is irrelevent.
 

las365

Senior Member
I have a situation where a custodial parent put my husband down as the father of her child after he relinquished his rights in 2001, we have the judgment on this.
What Judgment are you talking about? Were your husband's parental rights and responsibilities terminated and another man adopted the child?

Is Texas coming after your husband for reimbursement or payment of child support?
 

deb2313

Junior Member
A man cannot relinquish his rights or responsibilities to a child that he fathered. Only a court can do this and it would require someone else stepping in and adopting the child or the removing the parental rights due to abuse etc. If you husband is the father of the child, he is responsible to help support the child, whether the mother works or sits on her butt is irrelevent.
just to let you know this was done, he is no longer responsible for the child. The judge signed the order to relinquish his rights. So yes he is no longer the father and is no longer responsible for that child SORRY!
 

deb2313

Junior Member
What Judgment are you talking about? Were your husband's parental rights and responsibilities terminated and another man adopted the child?

Is Texas coming after your husband for reimbursement or payment of child support?
Yes which we paid that amount, What I am asking is, can it be a crime that she put him as the father and he is no longer responsible for that child. Would'nt that be considered withholding information or misleading info and this is considered a fraud?
 

las365

Senior Member
Who is the child's legal father? Where is he?

What did the State of Texas do when your husband provided the proof that his legal responsibility to support the child has been terminated?
 

Zigner

Senior Member, Non-Attorney
just to let you know this was done, he is no longer responsible for the child. The judge signed the order to relinquish his rights. So yes he is no longer the father and is no longer responsible for that child SORRY!
I really question this...
Please post the exact wording of the order...
Or, alternatively, answer the question about whether another man has adopted the child...
 

deb2313

Junior Member
Who is the child's legal father? Where is he?

What did the State of Texas do when your husband provided the proof that his legal responsibility to support the child has been terminated?
The child has no father, she was married and I guess before the step parent adopted him the mother filed for a divorce, just an FYI she has two children that the rights were relinquised, this is her ploy so my husband and the other father can not get the child for custody the other father is my husbands brother, and now he is in prison. I don't know how they can just relinquish rights like this, but as to speaking with many people at the attorney general office and attorneys this is a very common thing in the state of texas. We no longer have support taken out so she thinks rather than getting a job to support herself and her kids the taxpayers should pay, but to be honest she did this to herself.
 

deb2313

Junior Member
I really question this...
Please post the exact wording of the order...
Or, alternatively, answer the question about whether another man has adopted the child...
What are you wanting to know? My husband signed an affidavit for relinquishment of parental rights, the custodial parent had an attorney right one up, we signed it back in 2000 a judge signed off the affidavit, the termination was granted, the custodial parent did not want myself or my husband to fight for custody so she wanted to relinquish his rights. Her middle child is my husbands brothers kid who is now in prison, she also had an affidavit for him to sign. She remarried in 2000 so we thought the step father would adopt the kids but she soon divorced him, due to an accident he became paralyzed an she did not want to take care of him. In the mix of that she had a third child whom her ex husband now has custody of. So here is the story, she screwed herself and now she has put my husband down as the father on the welfare form and all I want to know is ISN'T THIS FRAUD!!!! CAN YOU JUST ANSWER THE QUESTION?
 

CdwJava

Senior Member
It is not fraud to allege that someone else is financially responsible. He can present his proof to whatever TX agency is coming after him for support and let them make the decision.

Was it a court in TX that agreed to his termination of responsibility? or, was it a court in some other jurisdiction?

More importnatly, does the order remove his financial obligation, or just his right to visitation or custody?

He will likely have to consult an attorney to protect himself. But, i seriously doubt that any crime has occurred. He is certainly free to report the issue to the welfare agencies and to the police in TX where she lives, but I seriously doubt that any type of fraud can be prosecuted for this. The court will likely look to establish paternity and if so established, will act according to TX law on the matter.

- Carl
 

las365

Senior Member
I don't know how they can just relinquish rights like this, but as to speaking with many people at the attorney general office and attorneys this is a very common thing in the state of texas.
No, it is not common at all in the state of Texas for a child to be "*******ized" by the Court. There are plenty of law-related things here that I'm not too proud of, but that is not one of them.

Instead of being intent on trying to get this woman in trouble, why doesn't your husband try to do the right thing for his child and his neice/nephew and provide monetary support? Why doesn't he seek a reinstatement of his rights (if they were really terminated) so he can try to properly care for his child? The children are the innocents in this, they don't deserve to be poor and on welfare because your husband and his brother and the mother all made a series of bad choices.
 

deb2313

Junior Member
No, it is not common at all in the state of Texas for a child to be "*******ized" by the Court. There are plenty of law-related things here that I'm not too proud of, but that is not one of them.

Instead of being intent on trying to get this woman in trouble, why doesn't your husband try to do the right thing for his child and his neice/nephew and provide monetary support? Why doesn't he seek a reinstatement of his rights (if they were really terminated) so he can try to properly care for his child? The children are the innocents in this, they don't deserve to be poor and on welfare because your husband and his brother and the mother all made a series of bad choices.
Just to give you a little of what I am feeling, my husband joined the marine corp to better his and his childs life, on numerous occasions he has asked her to come to california to see his son. She had always said no, he went back one year later, and she had a small baby which is his brothers son, he met me and she is upset because I will not let her step all over my husband like she did in the first 2 years. He was paying child support she married someone else and life went on. Now eight years later after all this was over with, it is actually her trying to take stabs at a bed she made. She has had both of these men parental rights relinquished and she was following the foot steps of what her parents wanted so this is what she gets, I am sure these boys are fine, due to the grandparents have partial custody of the boys. I work at a local VA hospital and my husband works for the city of San Diego we support our two children and live life. Now what upsets me is she can work she chooses not to. So she wants the state to pay for her two or three kids. And now the state is coming after us for this, which this is WRONG! This is the reason why I want this women in trouble, she is doing this herself. Don't hate the player Hate the game, and if this is the game she wants to play I am more than willing to play because I work very hard to support my children. We have tried many avenues to be in that childs life but they are make it hard, so rather than destroy my childrens welfare, when that boy gets older someday he will realize the entire story. So wouldnt you be upset had this happened to you after many years of anguish?
 

deb2313

Junior Member
It is not fraud to allege that someone else is financially responsible. He can present his proof to whatever TX agency is coming after him for support and let them make the decision.

Was it a court in TX that agreed to his termination of responsibility? or, was it a court in some other jurisdiction?

More importnatly, does the order remove his financial obligation, or just his right to visitation or custody?

He will likely have to consult an attorney to protect himself. But, i seriously doubt that any crime has occurred. He is certainly free to report the issue to the welfare agencies and to the police in TX where she lives, but I seriously doubt that any type of fraud can be prosecuted for this. The court will likely look to establish paternity and if so established, will act according to TX law on the matter.

- Carl
It was a judge in Tx that signed the judgment, you have to realize she is the one who pushed to this point she wanted this done and she got this, my husband is not even on the birth certificate! I have a copy of that. I think it is very unfair that I pay my dues and my husband does also and people who are willing to work choose not to and try to take money from people who are living a blue collar life. I don't mind trying to help people get on their feet, what I do not agree with is that she does not have to do anything for earning tax money she does not deserve.
 

deb2313

Junior Member
No, it is not common at all in the state of Texas for a child to be "*******ized" by the Court. There are plenty of law-related things here that I'm not too proud of, but that is not one of them.

Instead of being intent on trying to get this woman in trouble, why doesn't your husband try to do the right thing for his child and his neice/nephew and provide monetary support? Why doesn't he seek a reinstatement of his rights (if they were really terminated) so he can try to properly care for his child? The children are the innocents in this, they don't deserve to be poor and on welfare because your husband and his brother and the mother all made a series of bad choices.
Why in the world would I give money to someone who that person does not allow or has ever allowed us to see that child. If you knew someone did drugs and sat on their rear all day long and let the state assist you would you give money to them?
 

deb2313

Junior Member
No, it is not common at all in the state of Texas for a child to be "*******ized" by the Court. There are plenty of law-related things here that I'm not too proud of, but that is not one of them.

Instead of being intent on trying to get this woman in trouble, why doesn't your husband try to do the right thing for his child and his neice/nephew and provide monetary support? Why doesn't he seek a reinstatement of his rights (if they were really terminated) so he can try to properly care for his child? The children are the innocents in this, they don't deserve to be poor and on welfare because your husband and his brother and the mother all made a series of bad choices.
and yes it is very common in tx call multiple attorneys and speak with them, when you here that is not common then you can tell me this is not common THANK_YOU!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top