Before Cowboys owner Jerry Jones can show that Alexandra Davis and Cynthia Davis breached a 1998 contract to resolve alleged paternity obligations, the contract must be valid.
A federal judge has found that it is.
Via Lana Ferguson of the Dallas Morning News, Judge Robert W. Schroeder III has concluded that the agreement does not violate Texas public policy.
Alexandra Davis argued that a settlement agreement prohibiting a child from attempting to establish paternity violates a Texas public policy that “protects the best interests of children and states that parents ‘share in the rights and duties of raising a child.’” Jones claimed that the Texas courts permit parents to waive rights on behalf of their children.
The judge agreed with Jones, finding that “Texas law is clear” that parents may enter legal agreements on their child’s behalf.
“All parties — Jones, through [an agent], and Cynthia Davis, on behalf of herself and her daughter Alexandra Davis — performed their duties under the settlement agreement for more than 20 years until the alleged breach occurred, indicating their intent to be bound by the terms of the settlement agreement,” the judge wrote in the order. “Accordingly, the contract is valid and enforceable as to as least Jones, Cynthia Davis and Alexandra Davis before she reached the age of majority.”
“It’s really shocking,” attorney Jay Gray, who represents Alexandra Davis, told the Dallas Morning News on Thursday. “I respectfully disagree with ruling. . . . I can’t in good conscience let this ruling stand without trying to fight it. I can’t let my legacy be allowing a rich father to prevent their child from being able to establish paternity.”
Jury selection happens on July 19. The trial begins on July 22.
Separate and apart from the question of whether Jones is within his rights to pursue this matter is the question of whether he should. The decision to proceed carries with it more than a whiff of vindictiveness.
He allegedly fathered a child. He provided for the child in lieu of being sued for paternity. Two decades later, the child wanted an acknowledgment that Jones is her father. It has spiraled out of control, and it’s going to potentially culminate in a judgment allowing a man who doesn’t need the money to try to squeeze it out his alleged child and her mother.