I lived in TX for work starting Sept 2011. In Oct 2011, I was not married. I met a girl we were together and had sex with once. My work finished and I moved back to CA, April 2013 where I am a residence. I recently googled my name and found that a paternity suit was filed in Huston TX in April 2014, listing the Attorney General as the Attorney and me and the girl I met as defendants. Since my one time meeting in Oct 2011 with this girl I have not been contacted and had no contact this girl. I noticed also a citation of the original papers have been filed by the County Clerk along with the same papers as "Precept" for pickup by the Attorney Generals Office. What does this mean? I still reside in CA and have never been served. What should I do? Also can they serve my wife if I am not home?
Family Law Attorney
Texas might try to serve you at home. BThe woman is probably trying to get support and named you as the father. You should take a DNA test. If you are determined to be the father hire an attorney.
My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.
Family Law Attorney
I can't speak to Texas law, but you have a constitutional right to a DNA test to determine if the child is yours or not. The court cannot force you to pay support if it's found not to be your child.
But you have other problems, in the meantime. You should be concerned about the court's issuing a default judgment. The mom probably does not know (or claims not to know) where you live, and probably gave the AG your old address.
You should contact a Family Law attorney in Texas to assist you, and do it ASAP, as there are probably statutory deadlines involved.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
1 lawyer agrees
Estate Planning Attorney
First, I would strongly recommend you sit down and have a conversation with your wife. It's not going to be pleasant but if the baby is yours, you are liable for child support. It's best if this news comes from you.
You need to find a Texas family law attorney to help you. You should not go through this process on your own. You can contest paternity and have a test taken, as the other attorneys have suggested.
This is a general information answer ONLY and does NOT create an attorney-client relationship. Without detailed facts about your case, I cannot provide specific legal advice and this answer is not intended to be taken as legal advice.
Family Law Attorney
Immediately contact a lawyer admitted in Texas. If you contact us with the city where the case has filed, we may be able to refer you to someone in that area. Texas law, although similar to California's Family Law statutes in a number of ways, has its own twists and turns and a lawyer only admitted in California cannot appear before their courts to assist you, nor should they be giving you advice.