Legal Question in Family Law in Texas
My Baby?
My Ex-girlfriend is saying she is pregnant. She is also in jail. She will be in jail when the baby is born. What legal rights do I have to the child if he/she is born in jail? How do I establish paternity?
Do I need her permission for paternity testing and can testing be done while she is in Jail?
Thank You,
J.D.
P.S. If I can get custody of the child while she is in jail what are the chances of me losing custody when she is released. (She is in jail on an aggravated assault charge.)
2 Answers from Attorneys
Re: My Baby?
You would have to file a SAPCr suit and as part of that request paternity testing. The court would then order it so that access to the child and mother can be had. Custody matters are always to be decided on what is the in the best interests of the child. So, your personal situation would come into play. I suggest you contact an attorney to more fully discuss this situation.
Re: My Baby?
Dear J.D.: You most certainly can file a suit claiming paternity and seeking paternity testing and access to the child. Assuming that testing showed you to be the father, with the mother in jail, you would have an excellent change of obtaining primary custody. This, of course, assumes no serious problems on your part.
If you obtained temporary custody, the odds are good for obtaining permanent custody, even if she had been released by then. Once permanent custody is obtained, changing it is much more difficult.
You need to call an attorney quickly since time is on your side while she is incarcerated.
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