Authored By: Partnership for Legal Access
Terminating the Parent-Child Relationship Based on Mistaken Paternity
You may be able to ask the court to terminate your rights and duties as a parent if you later find out you’re not the genetic father. Read these detailed instructions to find out if you meet the requirements of the law and the deadline to file.
Find out more by reading Texas Family Code Section 161.005. Find it online at www.statutes.legis.state.tx.us/.
INSTRUCTIONS and FORMS
The following forms may be used to file or respond to a case asking to terminate a man’s parental rights based on genetic testing that proves the man is not the father. You may need one or more of the forms depending on the circumstances and your role in the case. You may need additional forms depending on your case. Read the instructions first. Talk to a lawyer before you file anything.
Forms filed by the man
- Petition to Terminate the Parent-Child Relationship Based on Mistaken Paternity
- Exhibit: Petitioner’s Supporting Affidavit
- Exhibit: Out-of-State Party Affidavit (only if you or another person named as a party in your case live outside of Texas)
- Notice of Pre-Trial Hearing
- Notice of Final Hearing
Forms filed by other person or persons involved in the case
Order forms to be filled out for the Judge to sign
- Pretrial Order in Mistaken Paternity Case
- Order Terminating the Parent-Child Relationship Based on Mistaken Paternity (Use this form when the request to terminate the parent-child relationship is granted by the Court.)
- Exhibit: Possession (Visitation) and Access Order (Use this form if you are asking for visitation after termination.)
- Order Denying Petition to Terminate the Parent-Child Relationship Based on Mistaken Paternity (Use this form when the request to terminate the parent-child relationship is denied by the Court.)
- Order to Employer to Terminate Withholding for Support (Use this form if you believe the court will find you are not the child’s genetic father and you do not owe any child support.)
- Order to Employer to Withhold for Support (IWO) (Use this form if you owe child support.)