Legal Question in Family Law in Texas
I have a 9 month old son and his mother shows very little to no interest in him. She and I seperated about 4 months ago and he has been living with my mother and I. His mother does not support him in anyway not even a package of pampers. She has only seen him about 72 hours within the last 3 months. I am a student in college and I am trying to make sure my son is secure. Do i have enough to file abandonment charges against her. She also receives public assistance (food stamps, medicaid, wic) for my son. She will give the wic and medicaid but she keeps the food stamps for herself. I don't want the stamps but if he does not reside with her; she should not be receiving this assistance. What should or could I do???
2 Answers from Attorneys
It sounds as if there are no court orders in place at this time. You need to retain an attorney, and file a Suit Affecting Parent-Child Relationship, and establish your paternity. The suit will also establish your rights of conservatorship, possession, access and support. I recommend you do this soon, before she does something unpredictable which could make your situation more complicated.
What Ms. Langford stated is true. You need to file a suit to establish paternity, and have the court award formal custody to you. I am a board certified specialist in the field of family law practicing in the general Houston area. I would be glad to discuss the options available to you if you would call me at 713-600-5500.
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