Paternity Case Legal Guidance

Summary

In Texas, attorneys must perform their duties with care and diligence. If an attorney fails to file necessary paperwork, it may be grounds for a malpractice claim. Review your agreement to understand their responsibilities. If the opposing party doesnt respond to court filings, the court may issue a default judgment. If another man signed the birth certificate, it complicates the case as Texas law presumes him to be the legal father. A paternity test can establish biological paternity. If the mother doesnt comply with a court order for a paternity test, the court can enforce compliance. Your attorney should ensure proper filing of documents by the opposing party. Consider discussing these issues with your attorney or filing a complaint with the State Bar of Texas if necessary.

Full Conversation

yes
Sure! Here's a suggestion on how you can phrase your request:
---
Dear [Paralegal's Name],
Thank you for your response. Can you please provide a detailed breakdown or summary of the work that has been completed by the previous attorney? I would like to understand what has been accomplished so far.
Additionally, could you outline the next steps and the new services that you recommend to continue with my paternity case?
Thank you for your assistance.
Best regards,
[Your Name]
---
Feel free to modify it as needed! Do you have any other questions or need further assistance?
But what if the prior attorney still hadn't finished having my opposing party to properly respond to the court filings?
It sounds like you are concerned about the opposing party not properly responding to the court filings. It may be helpful to specifically address this issue in your communication with the paralegal. Here's how you can phrase it:
---
Dear [Paralegal's Name],
Thank you for your response. Can you please provide a detailed breakdown or summary of the work that has been completed by the previous attorney? I would like to understand what has been accomplished so far.
Additionally, I am concerned that the opposing party has not properly responded to the court filings. Could you clarify if this matter has been addressed and outline the next steps and new services that you recommend to continue with my paternity case?
Thank you for your assistance.
Best regards,
[Your Name]
---
Would you like any further assistance with your case?
no more letter
Case Rating: *
It seems like you have a good handle on your situation. If you need any further assistance or have other legal questions in the future, feel free to reach out!
I paid an attorney via a law website service to file for court-ordered paternity testing as me being the alleged father against another man and my ex girlfriend. They failed to properly file the paperwork after being served the suit. Is the attorney I paid required to see to it that they properly file such papers, or face necessary legal consequences, as a part of what I paid her to do?
Case Rating: *
In Texas, attorneys are generally required to perform the services they were hired for with reasonable care, skill, and diligence. If they fail to do so, you might have grounds for a legal malpractice claim. Here are some steps you can consider:
- Review your agreement with the attorney to understand the scope of their responsibilities.
- Request a detailed explanation of the work completed and any pending tasks.
- If the attorney failed in their duties, you may file a complaint with the State Bar of Texas.
Do you need more detailed guidance on any of these steps?
If I paid for the attorney to file papers for a court-ordered paternity test, so that it will be legally binding, enforced by a judge, and she tried to later do a private testing outside of the judge's purview, would that be grounds?
Case Rating: *
If the attorney was hired to file for a court-ordered paternity test and instead tried to conduct a private test outside the judge's purview, it could potentially be grounds for a legal malpractice claim. Here are some steps you might want to take:
- Review the agreement with the attorney to confirm the scope of services promised.
- Communicate your concerns directly with the attorney and request an explanation for the deviation.
- If dissatisfied, consider filing a complaint with the State Bar of Texas.
Is there a specific aspect of this issue you need more information on?
If the mother who I'm suing for a paternity test doesn't properly reply by the court deadline, what happens next?
Case Rating: *
If the mother doesn't properly reply by the court deadline in Texas, the court may proceed with a default judgment. This means the court could rule in your favor without her input.
Has the deadline passed already?
How does that work if she doesn't comply and I can't prove paternity?
Case Rating: *
If the mother doesn't comply with the court order for a paternity test in Texas, you may request the court to enforce compliance. The court can impose sanctions on the non-compliant party.
Would you like more information on how to request court enforcement?
Does my attorney still need to represent me concerning the proper filling of those court documents by the opposing party?
Case Rating: *
Your attorney should ensure that the opposing party properly files their court documents as part of their responsibilities. However, I recommend reviewing your agreement with the attorney to understand the exact scope of their duties and ensuring they are performing them diligently.
Would you like more detailed guidance on any of these steps?
If another man signed the birth certificate, does that complicate my case?
Case Rating: *
It can complicate your case if another man signed the birth certificate. Here are some potential issues:
- Texas law presumes the man who signed the birth certificate to be the legal father.
- You may need to challenge paternity in court.
- A paternity test can help establish biological paternity.
Has the other man been actively involved in the child's life?