antoniomelandri
Junior Member
What is the name of your state?What is the name of your state? Texas
The child and the mother live in Texas. I live in Arkansas. The baby was born out of wedlock. DNA proved paternity. What followed: one year! of battling and legal fees, while I immediately provided voluntary child support (20% of net income), medical insurance and ca. 50% of pre-natal expenses, as well as 50% of post-natal medical expenses not covered by insurance.
After five months from birth, I had to take the mother to court to obtain visitation. The court issued a temporary order for: amount of child support; Joint managing conservatorship; visitation schedule every other week.
The mother has denied sharing medical information and has allowed only one visitation ever since.
Current contention 1: the mother requests additional prenatal expenses, yet without providing production material as requested by my attorney; the amount the mother requested is at least four times of what I calculate I may still owe her. She has used this as pretext to deny visitation, though I know she can't legally do that.
Current contention 2: based on court order I want access to medical info, not only to clarify the bill situation, but also to know what on earth is happening to my child, who is having frequent doctors visits (I get the reports from the insurance I am providing). I am worried that my baby boy may be really sick (true, the mother is also a bit paranoid about anything, and is probably resorting to doctors a bit too much...wondering...)undefined
Additional point: we just found out that four months after the court hearing, the case was dismissed by the court "for want of prosecution." The opposing counsel has failed to refile on time to reinstate the case. My attorney says the case is therefore dead, and that my best option is to file an action for voluntary paternity, which would likely charge the legal fees to the other side, and would also be the only way I can get visitations.
Additional point 2: meanwhile the opposing counsel (who doesn't yet know the case has been dismissed) has requested to settle the case on the merits. We have not replied yet.
I am inclined to go with this last option, but my attorney says a settlement of this kind would not be enforceable. Is that right?
I am tired of dragging this on, fighting, paying legal fees. The other side is not reasonable, has a record of lies, tax evasion, lost custody of previous children, and more....; and she will probably never cooperate. You may even wonder why I am not pursuing custody. We'll see. For now:
the questions seem simple:
1. If I file action for voluntary paternity what are the chances that the mother will have to pay for these legal fees (based on the fact that the case has been dismissed because of her attorney's inaction, and based also on the fact that she has denied visitation despite the previous court order)?
2. Would a settlement on the merits, as suggested by her attorney, be legally binding for her? Would she be mandated to grant joint managing conservatorship as settled? And would she be obligated to grant visitations as settled? (All this presuming my attorney is right about the case being dead).
3. Is this an either or option? Can I try to pursue both things at the same time: file the action and seek settlement? What is this roguhly going to cost me?
Thank you.
M.
The child and the mother live in Texas. I live in Arkansas. The baby was born out of wedlock. DNA proved paternity. What followed: one year! of battling and legal fees, while I immediately provided voluntary child support (20% of net income), medical insurance and ca. 50% of pre-natal expenses, as well as 50% of post-natal medical expenses not covered by insurance.
After five months from birth, I had to take the mother to court to obtain visitation. The court issued a temporary order for: amount of child support; Joint managing conservatorship; visitation schedule every other week.
The mother has denied sharing medical information and has allowed only one visitation ever since.
Current contention 1: the mother requests additional prenatal expenses, yet without providing production material as requested by my attorney; the amount the mother requested is at least four times of what I calculate I may still owe her. She has used this as pretext to deny visitation, though I know she can't legally do that.
Current contention 2: based on court order I want access to medical info, not only to clarify the bill situation, but also to know what on earth is happening to my child, who is having frequent doctors visits (I get the reports from the insurance I am providing). I am worried that my baby boy may be really sick (true, the mother is also a bit paranoid about anything, and is probably resorting to doctors a bit too much...wondering...)undefined
Additional point: we just found out that four months after the court hearing, the case was dismissed by the court "for want of prosecution." The opposing counsel has failed to refile on time to reinstate the case. My attorney says the case is therefore dead, and that my best option is to file an action for voluntary paternity, which would likely charge the legal fees to the other side, and would also be the only way I can get visitations.
Additional point 2: meanwhile the opposing counsel (who doesn't yet know the case has been dismissed) has requested to settle the case on the merits. We have not replied yet.
I am inclined to go with this last option, but my attorney says a settlement of this kind would not be enforceable. Is that right?
I am tired of dragging this on, fighting, paying legal fees. The other side is not reasonable, has a record of lies, tax evasion, lost custody of previous children, and more....; and she will probably never cooperate. You may even wonder why I am not pursuing custody. We'll see. For now:
the questions seem simple:
1. If I file action for voluntary paternity what are the chances that the mother will have to pay for these legal fees (based on the fact that the case has been dismissed because of her attorney's inaction, and based also on the fact that she has denied visitation despite the previous court order)?
2. Would a settlement on the merits, as suggested by her attorney, be legally binding for her? Would she be mandated to grant joint managing conservatorship as settled? And would she be obligated to grant visitations as settled? (All this presuming my attorney is right about the case being dead).
3. Is this an either or option? Can I try to pursue both things at the same time: file the action and seek settlement? What is this roguhly going to cost me?
Thank you.
M.