Legal Question in Family Law in Texas
not allowed around step child?
my fiance andi currently live together, but he has a child with another woman, (child born 2-4-09). the mother of the child will not let him take the child anywhere or be alone with the child. She has agreed that he can see the child when ever he wants as long as it suits her, but he wants typical visitation agreements. he would like to have his daughter on weekends and wednesday from 6-8. she says that he can take the child on weekends but, he must stay somewhere else because she does not want me around her child. She says that she has a restraining order on me, and that i cant be around her or her child, but ive talked to the local police and i know that she cant have a restraining order on me without me being served papers. is there anything we can do? does she have the right to deny him visitation as long as we are together or to say that the child cant be around me?
1 Answer from Attorneys
Re: not allowed around step child?
The Standard Possession Order (1st, 3rd, & 5th Weekends and 6-8 on Thursdays)is usually used for an infant or child under the age of 3.
Sounds like you boyfriend needs to get himself an attorney and go to Court and get a paternity order naming him as the father of this child and setting the various possession and access and custody terms. Unless the Mom and your boyfriend are married, until there is some kind of order in place, he really has no rights and Mom can set all the rules she wants.
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