TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-18-00705-CV Jude Ugwu, Appellant v. Cynthia Ugwu, Appellee FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY NO. D-1-FM-17-004244, THE HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING MEMORANDUM OPINION This suit for dissolution of the marriage between Jude and Cynthia Ugwu revolves around the results of a paternity test that was admitted for the purpose of showing infidelity. Jude 1 asserts that the district court erred because (1) the final divorce decree lists his daughter as one of the “children of the marriage” even though he introduced a paternity test showing that he was not her biological father, and (2) Cynthia received a disproportionate share of the property. We will affirm. BACKGROUND Jude and Cynthia’s daughter was born in 2004. In 2008, Jude expressed doubts about his daughter’s paternity but did not have a paternity test at that time. Jude and Cynthia’s 1 We refer to the parties by first name because they share a last name. son was born in 2012. In 2013, Jude had a paternity test that confirmed he was not his daughter’s biological father. In 2017, Jude filed a petition for divorce in which he listed both his daughter and son as “children of the marriage.” He sought the exclusive right to designate their primary residence and asked that Cynthia be ordered to pay child support and medical support to him for both children. Jude also sought to be the exclusive decisionmaker with regard to the children’s medical treatment and education based on his expertise as a nurse and familiarity with education in the United States. In her counterpetition, Cynthia sought the exclusive right to designate the children’s primary residence and asked that Jude be ordered to pay child support and medical support. She took the position that both parents should be involved in medical and educational decisions for the children. At a bench trial on the merits, Jude testified that he became a licensed vocational nurse (LVN) in 2008, and continues to take classes to obtain a bachelor of science in nursing and become a registered nurse. As a result of being an LVN, Jude was able to work a second job in addition to his full-time work for the State of Texas. He earns over $9,000 per month and opined that having this income makes him better able to make needed repairs to the marital home and care for the children than Cynthia. Cynthia works from home designing and making clothing, is the children’s primary caregiver, and worked intermittently as a certified nursing assistant (CNA) until obtaining a full-time position that she kept for over a year before the divorce petition was filed. In order to maintain a full-time CNA job, Cynthia had her mother move in with the family. Cynthia works as a CNA at night, comes home in time to take the children to school, and usually picks them up from school. Her mother stays with the children in the latter part of the evening ...
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