[meowkitty]

One of the soldiers in my husbands unit has gotten himself into a huge mess.....

He married a girl and she cheated on him, so he left for basic, when he came home they had a one night stand and he left to go back to his duty station. He had every intent of leaving her, but she called and said she was pregnant. Being the kind hearted kid he is, he thought he would try and make this work, so instead of filing for divorce he moved her down to TX... After about 3 weeks of her being here, she told him the child wasn't his and moved back to WV. In Aug. the child was born and of course, she wants money and comes calling, he told her he had no problem supporting the child if it was his (alot of signs point to it not being his) and she denied him a paternity test.

I know he has to file suit for paternity, however, no attorney in TX will handle it bc the child is in WV and no WV lawyer wants to look at the case bc he is in TX..... All the poor guy wants to do is get on with his life, but until this is settled he cant... Any help/advice will be greatly appreaciated.

[ykelly28]

Is she going through the child support office?

[aaron]

From what you have said, it appears that he needs to file for divorce, not pursue a paternity action. As the husband, he's the child's presumed father.

It appears from what you've written that the action would have to be filed in West Virginia, as it does not appear that Texas would still have jurisdiction over the custody or paternity determination. He would dispute paternity in his divorce action and request a finding of nonpaternity as part of that action.

[tex08]

Actually he can start the ball rolling by filing for divorce in Texas. This will in effect force the Texas courts to address the issue of jurisdiction over any children in this marriage and the issues of paternity.

He should get advice from base legal assistance to verify this. A case like this is nothing new to them, and they can point him in the right direction.