Legal Question in Family Law in Texas

I have a 5 month old son. His father and I split up when I was 5 months pregnant. He said he was not the father and he would quit his job and live on his property and hunt and fish for his food in order to not pay child support. I filed with the OAG for child support. He showed up and said he wanted DNA. We went back and got the results. Of coarse he was the father. I had no doubt. The lady at the OAG asked what he wanted to do and he wanted to know what we had to offer. Here is the thing. My son had open heart surgery at 8 days old. He was informed of this and never called nor did he come to the hospital. So when we were at the OAG he said he was going to go after full custody because he said I smoked, drink and did drugs during my pregnancy and this is what caused my sons heart problem. So now we wait for court. I have letters from my sons cardiologist and the surgeon stating that nothing I did during my pregnancy has anything to do with his heart condition. I did smoke and dring before I knew I was pregnant and the drug he is referring to is my ADD medication which I have a prescription for. After finding out I was pregnant I stopped ALL.... This is his 6th child from 3 different woman and he has never paid child support for any of them. His last son who is now 20 is in contact with me and wants to meet his brother. But wants nothing to do with his dad and has even written a letter telling what type of father he was to him. He was never there for this son. My question is will the court go by his word and take my son away from me? I am just curious and worry that they will listen to him. They can drug test me all day long and forever. I have nothing to hide. I do have an attorney and know what he has told me but just would like to get another opinion. He did hit me when I was pregnant and I have pictures of the marks he left only problem was I never filed a report. Please advise.

Asked on 6/13/12, 1:23 pm

Mark Dunn Mark D. Dunn

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0 attorneys agreed

The court will not "take your son away."

This father is nothing but a bully. Don't let him scare you.

Answered on 6/20/12, 6:47 pm

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