Texas  |  Family Law

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6/07/11, 8:36 am

Legal Question


My husband has just been informed by a girl that he had a noe night stand with 5 years ago that she wants him to take a paternity test for her child. They never dated. he had talked to her a few times at the Dollar General Store where she worked. After they had sex he never saw her again or went to that Dollar General Store. She told him a few months after the child was born that it was his. He did not believe her but gave her money anyway because he felt bad about the one night stand. My husband then met me and we got married. This August we will have been married 3 years. When my husband and her had sex that one night, he had just recently gotten out of prison. She knew this. He asked her several times before they had sex if everything would be OK?, Was she seeing anyone? Was she protected? and other questions like that. He certainly did not want any trouble being just recently out of prison. It turns out she lied. She was not on the pill and she was married. Her husband just ivioced her and took a paternity test which came back negative. Or so she says. So she is now after my husband and money.

What are our rights?

What should we do?

Does he have to take a paternity test?

If he is the father, we want sole, joint or shared custody where no one pays child support?

Is that possible?

Should we get her to sign a document before getting the paternity test stating that she is willing to agree with sole, joint or shared custody? Would this document matter in court if she changed her mind?

Thank you in advance for any help you can give us.

Jacquie


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