Senate Bill 785 has passed through both the House and Senate and was sent to the Governor for signature on April 20th, 2011. This bill will Amend the Family Code and allow the termination of an order establishing a Dad based on the results of genetic testing that excludes that Dad as the child's genetic father. This new law should take effect September 1st, 2011.

BACKGROUND AND PURPOSE

Section 161.005 (Termination When Parent Is Petitioner), Family Code, provides that a parent may file a suit for termination of the parent-child relationship, and a court may order termination if the termination is in the best interest of the child; however, there are no provisions dealing with situations in which a father has mistakenly signed an acknowledgment of paternity or has been adjudicated as the father of a child. The father would be required to continue paying child support even if genetic testing proved that he could not be the father of the child.

S.B. 785 provides a way for a man who has either signed an acknowledgement of paternity or is adjudicated to be the father of a child without obtaining genetic testing to have the parent-child relationship terminated. The petition for termination must be verified and state that the petitioner is not the child's father, and that he had mistaken belief of paternity based on misrepresentations when he either signed the acknowledgement of paternity or when the court order was rendered.

The man may not file a petition for termination if he is the child's adoptive father, the child was conceived by assisted reproduction that was consented to by the man, or the man is the intended father under a court-approved gestational agreement.

A petition for termination must be filed not later than one year after the man becomes aware that he is not the father. The provision takes effect on September 1, 2012. Between the effective date of the bill and September 1, 2012, any man may bring a petition under the bill without regard to when the man learned that the child was not his biological child.

If the man establishes a meritorious prima facie case for termination, the court orders genetic testing. The result of the genetic testing then determines the outcome of the case.

This bill provides that if the parent-child relationship is terminated, the man may no longer be required to pay child support in the future; however, the termination does not affect the child support obligations already accrued prior to termination, nor does it affect the accrual of interest on any back child support owed.

If another man is determined to be the father of the child, that man may not be ordered to pay retroactive child support for any period of time preceding the date on which an order terminating another man's parent-child relationship is entered.

This bill provides that a man seeking to terminate a parent-child relationship may also petition the court to continue to allow him rights of possession and access to the child. If possession and access is granted, the court may require any party to participate in counseling with a mental health professional.

S.B. 785 amends current law relating to the termination of the parent-child relationship and the duty to pay child support in circumstances involving mistaken paternity.

Actual Bill

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A presumption of equal physical custody. (Studies show this is best for children.)

Rebutted only by clear and convincing evidence. (Not the current standard that is the same used to judge traffic tickets.)

All parents are treated equally. (This encourages parents to work it out themselves.)

Pros:

1. Children do best with two equally involved parents.
2. Equal physical custody creates more stability for children.
3. Divorces would drop substantially. Current estimates are that more than half of divorces would not occur but for the expectation one parent has of winning all the power.
4. Custodial parent couldn't minimize, and then eliminate the other parent.

5. Parental alienation and other forms of abuse are less likely.
6. Divorces would be over quicker, as would finality.
7. With a level playing field, parents would not have incentive to weaponize their children.
8. If parents expected a level playing field, they would come up with their own, rational parenting plans. The courts do not need to be involved.

   Equal is equal. This is a XIV Amendment issue. This is an American issue.

Cons:

1. Equal physical custody reduces the ability to divorce: False. This does not limit the power to initiate divorce in any way.

2. This is really about child support: False. Child support has nothing to do with this concept. First determine what is best for children independent of child support.
3. This is really a gender issue: False. Increasingly, women are non-custodial parents or are not allowed to see their grandchildren.
4. This would limit the freedom to move: False. A parent may move at anytime for any reason.
5. The courts need to make one parent be in charge of all medical and other decisions: False. Parents can work out their own means to break ties.
6. Children do best raised by both parents.

   This issue is really about domestic violence: False. That is a separate issue dealt with separately.

7. This issue is really about child abuse: False. That is a separate issue dealt with separately.

Our focus has always been to focus on protecting Parental Rights. Most of the problems we face are because our government has violated Parental Rights in an unwarranted fashion. You can't be for Parental Rights for some parents but against Parental Rights for other parents. As regards custody, our focus has always been on putting parents in a position to decide the best custody arrangement. To do that requires an ability to have equal physical custody. We do not focus on child support.

The equal parenting bills this Session include the following:

Senate Bill 522 (SB522), sponsored by Senator Carona, and House Bill 1229 (HB1229), sponsored by Representative Legler, are companion bills. They both list as the first option as regards custody, equal physical custody. While we all know the benefits of equal physical custody, what else are selling points for the politicians are:

HB 1229 is in the Judiciary & Civil Jurisprudence Committee. Please call everyone on that committee as well as your legislator. The legislators are:

SB 522 is in the Senate Jurisprudence Committee. Its members are:

Also, we have HB 2554 (attached) which was recently filed by Fred Brown. HB 2554 defines "the best interest of the child" as it related to custody to be what the two parents agree it to be. In the event of an inability for the two parents to agree on custody, HB 2554 assumes that "the best interest of the child" is equal physical custody. This may only be overcome by the demonstration of parental unfitness subject to a standard of clear and convincing evidence. This is the bill we will get some day but not now. Also call up and support this via the Judiciary & Civil Jurisprudence Committee.

These are the things we need to do. Please ask your politicians to sponsor these bills and support them. To see the actual bills in question please click here.

Title		Description	Type	Size
	Bill # 1		pdf	46.03Kb
	Bill #2		pdf	59.78Kb
	Bill #3		pdf	44.66Kb
	Actual Bill		pdf	51.60Kb

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Thanks for your interest in Fathers for Equal Rights, Inc. We are delighted by the national outpouring of support for the rights of fathers, children, and families and have been asked by many, "How Can I help?"

We are a successful 30 year old not for profit organization. We have accomplished so much over the past 30 years, however there is so much more to do. We are looking for people, both men and women, who are willing to work with us to make long term changes in our legal system. If this sounds like you, we need your help and energy.

The best thing to do is become involved in your local area. All politics is local. Nothing fires up a representative, senator, congressman, or elected judge than talking with a constituent. Check out our ?making a difference section? for how to conduct your activities. The squeaky wheel is the one that gets the grease. If you are not in Texas, contact us. He will be able to direct you to someone in your state.

By far the greatest help, with the most far reaching result, would be for you to make a tax deductible donation of any amount, to FER. We have so much more to do but we are restrained by limited funds. While women's shelters often have incomes of $2-4 million a year, frequently subsidized by federal and state grants from your tax dollars, fathers organizations such as Fathers for Equal Rights, Inc. and the National Fathers' Resource Center, exist largely on membership fees. If we spend millions helping battered women, shouldn't we spend something helping disenfranchised fathers and their children?

Some say, "Men aren't committed enough to make a difference." Lets prove them wrong. Donate today.Get active today. If you are not doing something to change the system and the process, you have no right to complain. So, let's get to work.

If becoming an activist is your goal, we need help with newsletters, phone calls, internet work, grant writing, contract writing, legislative work, and more. If you are near Dallas, you can also help by becoming a member of Fathers for Equal Rights and getting involved at our meetings. Our Board of Directors normally meets the third Monday of every month at 7:00 pm. Watch our calendar of events for exact time and dates. All you have to do is find something you like and "dive in."

If you are still confused about how you can help, feel free to give Doug Clark a call at (214) 953-2233 and tell him you want to help. We will find a spot for you.

Be sure to check out this link to our site: National Fathers' Resource Center - There is some good information available there on how to make a difference.