Legal Question in Family Law in Texas

I am a 20 yr old single parent to a 11 month old. When I gave birth I did not put a father on the birth certificate, it is still blank. When I found out I was pregnant I filed for Medicaid, and put the fathers name on the application. They opened up a paternity case with the father. The father has not seen MY son but 5 times since birth. He hasnt given me any money for him. They wont let me cancel the court date. The lady at the AG office did suggest both parents come in to discuss a agreement of payment of insurance and we wouldnt have to go to court. I just want to know if I should get a lawyer and just take him to court. However, the father is a drunk and uses drugs fairly often. Im scared to leave my son with him alone. I dont think my son would be safe with him. And I really dont want him to have any custody. He just really doesnt have a right mind. What should I do? I dont know if I could afford a lawyer.


Asked on 3/18/10, 7:25 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

A lawyer would probably want $2000 up front.

If you don't get a lawyer, you can still represent yourself (remember that the AG does NOT represent you. Ask them about this sometime). Tell the Judge what you told me (about Dad being a drunk and a drug user). You can even bring your own witnesses to the hearing - people who have seen Dad use drugs (these folks are usually hard to find).

If you have $175, file an answer to the AG's petition that asks the Judge to order Dad to take a nine-panel drug screen test. The Judge will probably order it, but may order YOU to pay for it.

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Answered on 3/23/10, 2:15 pm


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