You're right. I forgot that the OP (or the husband) already has a lawyer.

Thank you all for your advise, the little game she is talking about is my husband lawyer called her last week and told her he wants to another dna test through the court. Yes, he received a copy of the dna test and it says he's 97% the father. No, we have not received anything in the mail from tx. She moved to TX in march.

More evidence against her. She has not established residence in Texas so Texas would not have any jurisdiction and would refuse to process any claims.

I would have him tell her not to contact him anymore. Any correspondence should be through his attorney.

The Attorney General from TX called my husband yesterday asking him if he would agree to a video court conference and agree to pay child support and sign some papers. My husband told the lady from the attorney general office to call his lawyer. We are wondering why they are calling if her husband is still the legal father. Do Texas have the same law as GA as far as a woman's husband is the legal father? We tried contacting his lawyer, but he hasn't returned his call. The attorney general is who handles child support. Cases.

First, did you confirm that it was really the AG's office that called? If it really was, then she may have lied to them. Yes they do have similar laws. When they reach your husband's attorney he will tell them that your husband is not the legal father and that TX does not have jurisdiction.

Yes, I confirmed it was the AG'S office and he told her she was married and her husband is the legal father.

Yes, but both in Ga and Tx this presumption may be rebutted by DNA test.If there was DNA test which showed her husband was not BF then he would not be the legal father anymore.

Thus they will go after your husband for child support notwithstanding she may remain married to her husband.

"he" meaning your husband? What did the AGs rep say to that? Were they aware of it?

Yes, but wouldn't such a test need to be ordered by a court? Would either accept a privately done test? And wouldn't any change in the legal father have to be adjudicated by a court? Also since the mother has apparently lived in TX less than 6 months, wouldn't a GA court have to rule on paternity? In fact, since the mother originally filed for support in GA and the OP's husband continues to reside in GA, wouldn't GA continue to have jurisdiction as long as the OP's jusband resides in GA?

TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP
(13) "Presumed father" means a man who, by operation of law under Section 160.204, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.

Sec. 160.204. PRESUMPTION OF PATERNITY. (a) A man is presumed to be the father of a child if:
(1) he is married to the mother of the child and the child is born during the marriage;


Sec. 160.602. STANDING TO MAINTAIN PROCEEDING. (a) Subject to Subchapter D and Sections 160.607 and 160.609 and except as provided by Subsection (b), a proceeding to adjudicate parentage may be maintained by:
(1) the child;
(2) the mother of the child;
(3) a man whose paternity of the child is to be adjudicated;
(4) the support enforcement agency or another government agency authorized by other law;
Sec. 160.604. PERSONAL JURISDICTION. (a) An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.
(b) A court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual or the guardian or conservator of the individual if the conditions in Section 159.201 are satisfied.

Sec. 160.607. TIME LIMITATION: CHILD HAVING PRESUMED FATHER. (a) Except as otherwise provided by Subsection (b), a proceeding brought by a presumed father, the mother, or another individual to
Adjudicate the parentage of a child having a presumed father shall be commenced not later than the fourth anniversary of the date of the birth of the child.

I guess the AG is involved=the test was court ordered.

This is from post #9
"no, it was not court ordered...she paid for a the dna test herself....she said she filed it already..."

Again, my feeling is TX has no jurisdiction here.

Do not trust to all you are reading.The judge in Texas was able to allow a paternity disestablishment proceeding.That proceeding is unrelated to the problem of OP.
We do not know the entire story.

Again-I am a little confused... if her husband has not ceased his legal status ,the Office of the Attorney General should go after him.But it is not the case.

Exactly! The husband of the mother is still the legal father. Since that is the case, the GA authorities declined to accept support from the OP's husband. Until a court changes paternity, the OP's husband has not obligation. Since the case was originally adjudicated in GA and since the mother has not lived in TX for 6 months, how can TX have any jurisdiction?

Easy... a case may be transferred upon request from one state to another state.It happens in hundreds of cases every day

I am not sure.

Let's see:

Sec. 160.501. APPLICATION OF SUBCHAPTER. This subchapter governs genetic testing of an individual to determine parentage, regardless of whether the individual:
(1) voluntarily submits to testing; or
(2) is tested under an order of a court or a support enforcement agency.

Thus voluntary DNA tests are allowed in the state of Texas if
Sec. 160.503. REQUIREMENTS FOR GENETIC TESTING. (a) Genetic testing must be of a type reasonably relied on by experts in the field of genetic testing. The testing must be performed in a testing laboratory accredited by:
(1) the American Association of Blood Banks, or a successor to its functions;
(2) the American Society for Histocompatibility and Immunogenetics, or a successor to its functions; or
(3) an accrediting body designated by the federal secretary of health and human services.

She paid for the test-it is not again the Texan law

Sec. 160.506. COSTS OF GENETIC TESTING. (a) Subject to the assessment of costs under Subchapter G, the cost of initial genetic testing must be advanced:

(2) by the individual who made the request;
She has standing to ask for determination of parent-child relationship
Sec. 160.602. STANDING TO MAINTAIN PROCEEDING
(2) the mother of the child
...and it is related to
Sec. 160.604. PERSONAL JURISDICTION. (a) An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.
(b) A court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual or the guardian or conservator of the individual if the conditions in Section 159.201 are satisfied.
There is no defense that the child has marital father:
Sec. 160.607. TIME LIMITATION: CHILD HAVING PRESUMED FATHER. (a) Except as otherwise provided by Subsection (b), a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father shall be commenced not later than the fourth anniversary of the date of the birth of the child.


And finally
Sec. 160.621. ADMISSIBILITY OF RESULTS OF GENETIC TESTING; EXPENSES. (a) Except as otherwise provided by Subsection (c), a report of a genetic testing expert is admissible as evidence of the truth of the facts asserted in the report. The admissibility of the report is not affected by whether the testing was performed:
(1) voluntarily or under an order of the court or a support enforcement agency;

I guess the scenario is:

1. The marital presumption was rebutted in Texas.
2. The child became fatherless.
3. The Attorney General commenced child support proceeding.
4. "The Home state" rule is inapplicable.

No,the case was not adjudicated in Ga.

Correct both in Tx and Ga.She needs of DNA test only.
Let's see Georgia:
19-7-54 - Motion to set aside determination of paternity
a motion to set aside a determination of paternity may be made at any time upon the grounds set forth in this Code section. Any such motion shall be filed in the superior court and shall include:

(1) An affidavit executed by the movant that the newly discovered evidence has come to movant's knowledge since the entry of judgment; and

(2) The results from scientifically credible parentage-determination genetic testing, as authorized under Code Section 19-7-46 and administered within 90 days prior to the filing of such motion, that finds that there is a 0 percent probability that the male ordered to pay such child support is the father of the child for whom support is required.

(b) The court shall grant relief on a motion filed in accordance with subsection (a) of this Code section upon a finding by the court of all of the following:

(1) The genetic test required in paragraph (2) of subsection (a) of this Code section was properly conducted;

(2) The male ordered to pay child support has not adopted the child;



Again-I am confused about the AG intervention.For me that means:
1.The marital presumption was already rebutted.
2 There is procedure .for paternity disestablishment in Texas.