Texas law states that paternity must be established before he can?
Im not sure where you got your information but it appears to be incorrect. A suit affecting the parent-child relationship (referred to by its acronym SAPCR) can be filed in order to establish paternity - its not a prerequisite to filing. A SAPCR is an automatic part of a divorce proceeding so Im assuming you and he are not in the process of a divorce. If youre not and have never been married to this person, he can file a SAPCR seeking a determination and a court order that he is, in fact, the biological father of the child. Then, based on that, the SAPCR may seek other orders such as custody and/or visitation. If hes going straight to a SAPCR seeking custody, visitation or other orders without being established as the childs father (and, as I said before, you and he havent been married) - the Court may order the SAPCR amended to put things in the proper order, but I doubt it will be thrown out entirely. What you should do is consult with a good family law attorney ASAP, explain all the circumstances and let them handle it.