Husband and wife were married in June of 1998 in Stamper v. Knox. In October 1998 the wife had a brief sexual relationship with Mr. Taylor while continuing to have relations with her husband. The wife gave birth to a child in June 1999 while the parties were still married and both believed the child to be the Husband’s.
In 2001, the parties separated. The husband filed for divorce in Galveston County and sought custody of the child. The court issued standard temporary orders and appointed the parties joint managing conservators with standard visitation rights.
Shortly after the divorce, the husband received an anonymous call indicating that he might not be the father. The father had genetic testing done which confirmed that he was not the biological father. Upon advising his ex-wife, she had genetic testing done that determined the biological father to be Mr. Taylor. Taylor initially petitioned for paternity but then in 2002 signed an affidavit of relinquishment of parental rights.
Ultimately, the court of appeals determined that the ex-husband was not the child’s father.