Legal Question in Civil Litigation in Texas
reimbursement of expenses
My husband was accused of fathering a child in 1967. The child, now 32 years old called us and stated his bio-mother said my husband was his bio-father. bio-mother swears repeatedly my husband was only man she was with. Even after
telling her the blood types do not match she continues with a story of it was either my
husband or immaculate conception.At this point we feel we have no choice but to do
a DNA test. The test proved my husband was NOT the bio-father. we suited in small
claims court to recover the expense of the test. Now we get a letter from her attorney
stateing the bio-mother is going to sue my husband for legal fees because this is
a frivolous law suit that we filed.
what is the next step?
1 Answer from Attorneys
Re: reimbursement of expenses
The next step is to continue with your small claims action and see it through. If you prevail that result will go a long ways to protect you from allegations such as you describe. If you were right when you filed the suit you are right now, and the letter is designed to cause you to back down.
Stand your ground if you are sure of your facts, and good luck. It's hard to see frivolity when obviously the son participated in the testing.
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