Legal Question in Family Law in Texas
I have 2 questions. First my daughter's father is violent, abusive, and not stable. He has hardly taken a part in her life and has spent most of her life in jail or prison. He recently stabbed his own brother in the face twice with a steak knife. How probable is it that I can get full custody of her so I do not have to allow her to possibly be exposed to these kind of actions.
Second, my soon to be ex husband and father of my little boy exposed himself to my daughter and "peed" on her (this came from my daughter) around 2 years ago. I made a cps report and there is now an investigation in progress. I do not want him to have rights to my son either (he also has barely been around- my son doesnt even know how to refer to him), how does the court deal with these things in court when dealing with custody. Can I get full rights to my son or do I have to settle for supervised visitation?
1 Answer from Attorneys
Termination of parental rights is serious. You have a good chance with your daughters father given his criminal record - assuming it is for the violent acts you described. Remember, if you terminate parental rights, you end the obligation to pay child support.
I think the courts would be curious about the cps investigation on the second matter.
Generally the court will appoint a social worker to interview the parties and the child and make a report to the court. The court usually follows these recommendations.