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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27619
Experience:  Lawyer
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My fiance was just served court papers for Texas family

Customer Question

my fiance was just served court papers for Texas family court and we live in Washington state. It is for a child that was born nine years ago that he didn't know about. He was told that her tubed were tied and they had sex once. If he goes to Texas he can't take time off and will lose his job. We can't even afford to talk to a lawyer. He is a plumber and it has taken years of him being here to even get a good job that would take care of us. Is there anything that he can do?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: The court is for Texas and we live in Washington
JA: Has anything been filed or reported?
Customer: There is a court date on November 15th and he was just served papers a few weeks ago
JA: Anything else you want the lawyer to know before I connect you?
Customer: He had sent a reply saying that he wanted it proven but we haven't done anything else
Submitted: 25 days ago.
Category: Legal
Expert:  Lucy, Esq. replied 25 days ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Your fiance has a right to insist upon a DNA test to prove that the child is his. if it is, it's not a defense that she'd had her tubes tied, even if she lied about it. It also wouldn't be a defense that they only had sex once. If the test shows that he is the biological father, he will be responsible for child support. But if he doesn't go to court, the judge will rule against him automatically, and a support order will be entered against him. The order will start accruing interest, and she can start trying to collect it. It's generally much easier to avoid getting a court order in the first place than to have one removed after the fact (and that's not to say that either is easy). These laws are written in the way thought to be most beneficial to the children involved, so they do not favor the alleged father.

If it is impossible for him to travel to Texas for the court date, he can hire a local attorney in Texas to attend on his behalf. The lawyer can take steps to get the DNA test. If it comes back negative, the case can be dismissed. A good place to see reviews from former clients is www.martindale.com.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 23 days ago.

Did you have any other questions about this?