All he has to do is testify that you and he had sex during the possible time of conception of the child. A court will probably order the DNA test to put to rest the question of paternity. If the child has a presumed father (as in your case) then the suit to determine parentage must be filed prior to the child's fourth birthday.
You need a good attorney who does CPS work, who is not a CPS attorney (court appointed). There are a lot of factors, but if they take the new baby, you will not have much time to get an attorney (only 24 hours). They will tell you what they think will get you to sign paperwork, and they will adjust their records to say what they want them to say. If you have trial in 1 month, you need to be getting ready now, and a Court Appointed lawyer is probably not doing anything to help you.
I have seen people try to explain away stuff like this. It depends on how the Courts in your area view this stuff. Generally, this kind of thing would give you cause to force him into supervised visitation to protect the children. Don't try to do this alone, call an experienced family law attorney to make sure it happens.
In Texas, the parent filing out the paperwork can name the child anything they want. Be aware, the Court may not be happy with you if you don't give the child dad's last name, and if dad requests it, the Court will give the child his last name.
Good luck to you.
Unless you are sure you know exactly what to do and how to do it, it would probably be wisest to hire an attorney to help you with this. Enforcements are tricky. If you don't do them exactly right and you lose.
Since you have a stipulation like this in your decree, you probably had an attorney for the divorce. Talk to him or her again and see if they think it is worth the time and expense.
For educational purposes only. No attorney-client relationship was created by this communication.
It depends on the wording in the divorce decree. If he told you there was money there, and there isn't, then you may be able to enforce the property portion of the decree. You should take everything to a good family law attorney to review your options.
Yes, I think you have grounds for a protective order, and I think you need a divorce. Call "Aid for Victims of Domestic Abuse" They often do both. Also, talk with the District Attorney in Harris County about a Protective Order. It sounds like you need help before he kills you.
He doesn't have to sign the paperwork, just have formal notice of the court case. If you don't know where he is, he can be served by publication, but it will be more expensive. Contact a good family law attorney to discuss your options.
The process is started by filing a petition. But the fact that your spouse in in Nigeria complicates matters. Are you in contact with him? Will he sign paperwork? This could get complicated. You should talk with a good family law attorney about your options.
The divorce can be finished within 60 days if everything goes well.