LGD Blog

The victim of this completely unwarranted and undeserved attack by the Texas Attorney General has been incapable of fathering children most, (probably all), of his adult life, and a DNA Paternity Test proved that this man is not the biological parent of the child in question, yet the Texas Attorney General’s Office continues to harass and sue this man, attempting to force him pay child support for a child he is not the biological parent of.

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Background Of Case:1991
In 1991, Linda S. Galvan Deland was married to and and living with Mr. Deland in Dallas County Texas.

September 09 1991
On September 9, 1991, Mr. Deland was examined by medical doctor in Dallas Texas and it was determined that Mr. Deland was permanently and irreversibly unable to father any children for medical reasons. Almost immediately after this examination and prognosis was made and Linda Galvan Deland was made aware of the results of the examination and prognosis, Linda Galvan Deland changed the nature of her relationship with Mrs. Deland to strictly platonic relationship, refusing to have intimate or sexual contact of any kind with Mr. Deland.

November 1991
In November of 1991 Linda Galvan Deland became pregnant with a child even though her lawful husband at the time, David Deland, was incapable of fathering children and Linda Galvan Deland was, (and had been), refusing to have any type of sexual relationship with her lawful husband at the time. Clearly, Linda Galvan Deland was having and adulterous extramarital affair with an unknown third party which resulted in her pregnancy.

August 17, 1992
On August 17, 1992, Linda Galvan Deland gave birth to a female child, Nichole M. Deland. In a normal marital relationship the husband, David Deland, would be presumed to be the biological parent of this child, however the marriage between Linda Galvan Deland and David Deland at the time was, (and had been for a considerable length of time), strictly platonic and completely absent of any intimate or sexual relations. Therefore, the only reasonable conclusion is that this child was the result of an adulterous extramarital affair between  Linda Galvan Deland and an unknown third party.

September 25, 1992
On September 25, 1992, Mr. Deland was, once again, examined by a medical doctor who determined that Mr. Deland was and had been, (very likely since puberty), permanently and irreversibly incapable of biologically fathering any children. MORE evidence that Mr. Deland could not possibly be the biological parent of Linda Galvan Deland’s illegitimate child, Nichole M. Deland.

November 5, 1993
On November 5, 1993, a DNA test was performed to determine if David Deland could be the biological parent of Nichole M. Deland. The results of that test determined, with 99.99% accuracy, that David Deland is excluded as the biological father of Nichole M. Deland.

September / November 1996
On September 18, 1996, Superior Court Of Riverside County California entered a divorce judgment, (Case Number 163829), and that divorce became final on November 12, 1996. Two important orders contained in that judgment were (1) that Linda Galvan Deland’s name be restored to Linda Susan Galvan and (2) there would be no order of child support. This courts lawful decision to deny child support payments was supported by the overwhelming and undeniable evidence described above.

December, 1996
The Texas Attorney General files a lawsuit in Dallas County Texas seeking child support from Mr. Deland for the Nichole M. Deland, even though Mr. Deland had previously proved he is not the biological parent of this child. Mr. Deland furnished the Texas Attorney General with statements, evidence, and a copy of the the lawful California Court order and the lawsuit was dismissed in January of 1997.

This SHOULD have been the end of this story.
But it isn’t.

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July 24, 2009
The Texas Attorney General’s Office in Dallas County Texas once again sues Mr. Deland in an attempt to force Mr. Deland to pay child support payments for Nichole M. Deland, a child which Mr. Deland is NOT the biological parent of, as proven with DNA Parentage Testing in 1006.
303rd District Court – Dallas, Texas
Cause Number 09-13855
This lawsuit, along with other documentation related to this child support case and lawsuit, refer to a “Linda Deland” and describe “Linda Deland” as the custodial parent of Nichole M. Deland. In 1996 Linda Deland was ordered to change her name to Linda Susan Galvan by a California Court, therefore this entire lawsuit is legally flawed because the “Linda Deland” described in the suit does not legally exist.Mr. Deland immediately responded to both the Court and the Texas Attorney General. That response included references to the 1996 California divorce proceedings and related orders and also included copies of the overwhelming supporting evidence previously presented to both the California Court and the Texas Attorney General’s Office.
However, as of February, 2010, the Texas Attorney General continues to pursue this ridiculous lawsuit.

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Clearly, the Texas Attorney General believes that a sterile man living with his wife in a strictly platonic non sexual relationship can become the biological parent of his wifes child. The Texas Attorney General believes that a sterile man can impregnate a woman without ever coming anywhere near the woman. Even though a DNA Parentage Test proves that man is not the biological parent of a certain child, the Texas Attorney General feels that this man should pay child support for a child which is clearly the result of an adulterous extramarital affair by his former wife.Texans should be very concerned about what the Texas Attorney General is attempting to do in this particular case. The majority of people would probably agree that “dead beat dad’s” SHOULD be agressively persued and forced to take financial responsibility for their biological children. The Texas Attorney General has been doing just that for many years and most Texans feel that is a great policy.
But now the Texas Attorney General is harassing, suing, and attempting to force men to pay child support for children whom they are NOT the biological parent of even when DNA testing proves they are not the biological parent.
It does not matter if the man in question is sterile. It does not matter if the biological mother was refusing to have any intimate relations with the man in question when she became pregnant. It does not matter if overwhelming evidence suggests the biological mother was involved in an adulterous extramarital affair when she became pregnant. It does not even matter if DNA testing proves a man is not the biological parent of a child.
If a man is living with a woman, (under any circumstances), when she becomes pregnant, then that man IS the parent of the woman’s child in the Texas Attorney General’s opinion.

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