Paternity and Military; What Options Are Available

My question involves paternity law for the State of: TX

I am nearly the end of my pregnancy and the "father" has kept his distance since I (yes I know, what was I thinking) wasn't absolutely positive who the father is (only two possibilities). After my doctor narrowed down the estimated conception date I (and on and off, him) strongly believe that he is the father. A brief history on his military status (not sure if it will affect your answers/opinions) when "our" daughter was conceived he was National Guard, but he has now switched to Active Duty Army and is currently at training. He is set to be stationed in Korea which is a big reason why we really want this at least in process before he leaves.

Just recently him and I started talking about the baby and what we plan to do in relation to paternity. At first we were talking about a paternity test (obviously). But after a bit he stated that he will just accept she is his and that he wanted his name on the birth certificate (that statement is in writing).

After talking on the phone he decided to inform his mom about "our" daughter. After he talked to her he called back with a list of demands SHE had; it sort of became a negotiation after that as I have been on my own (my family has been supportive from the beginning; but like I previously stated he was not involved) since the beginning and have made all the decisions.

He called her with what I had said and when he called me back again he had changed his mind and (it mostly sounded like his mom was calling the shots) wants a paternity test. There were other "requests" that was made (I finally put my foot down and asked him what did he want, that it didn't matter what his mom wanted since she is not my daughter's father), but those do not pertain to why I am here.

Now that it has been finally decided that there will be a paternity test, what options do I/we have? I have been told by friends in the military that the Army will pay for the test but I am also finding information contradicting that.

If/when I find a place to test the DNA can he have his sample sent to them or will we have to wait until we are in the same area again?

Approximately how long does it take to get the results of the paternity test?

Will I have/need to obtain a lawyer and/or go to court for the paternity and child support?

Will the court consider him putting her on his military insurance as a part of child support?

Please help as him and I have no idea what we are doing when it comes to this and I would like to make sure that neither of us do or agree to something that can "turn around and bite us" or "put us in a sticky/stickier situation". Thank you.

Frankly he's right for requesting a paternity test.

Quick question though - when is he being deployed?

The reason I ask is, though you can start the process before he's deployed it's unlikely that anything will be decided until he's back from deployment.

Oh I know he is right for doing it, I just wish he wouldn't "flip-flop" on whether he wants it.

The last date I received was July 30. Korea will be his station, if/when he gets shipped to Iraq or Afganistan is unknown.

I didn't think his station being overseas would completely stop the process as he could be stationed there for years.

He could absolutely stop the entire thing by invoking the SSCRA, which protects matters such as custody/child support etc., from being decided in his absence.

In all honesty there's virtually no chance of this being sorted out before he leaves; you haven't given birth yet and that is necessary for DNA testing. You probably wouldn't get a hearing date for at least a couple of months and THEN the DNA test will be ordered and THEN it will have to come back, etc...see what I mean?

Now of course he could CHOOSE to participate willingly while he's overseas, but that's likely going to be added cost and time for both of you.

If I were you I'd speak with a local attorney who can guide you further, and be aware that JAG won't help with civil matters like this.

Also, you do need to file in court - a home or private DNA test will not satisfy the court.

Ok. If he were to invoke that right will the/a statute of limitations I have heard about in the state of TX apply? Or will it supercide it and make it irrelevant to our situation?

I understand she has to be born, we are just wanting to have a course of action somewhat in place.

I'll start looking into attorneys and the process/requirements needed for court.

Thank you so much for your advice, it is absolutely helpful.

Even if there was a SOL to establish paternity that extended beyond the average deployment, it would be stopped the very second he invoked SSCRA. That by far supersedes state law.

The issue is moot though since in Texas there is no SOL on establishing paternity provided there isn't already a presumed legal father, per § 160.606.

You're welcome :)

Ok, let's say the test comes back he is the father; would a notarized agreement for child support would be admissible in court if he were to stop paying?

No - without a court order for child support, he is not technically obliged to pay child support.