Legal Question in Family Law in Texas
biological parents of a minor that are not married and want to fight for fuul cu
i have a 16 month old child and i'm not married, never was to the mother of the child. she lives w/ me along w/ my child b/c she has no job, no education so therfore can't support herself and definately not my child. so i support them both to ensure the mother won't try and take my child away from me as in move to another state. i have a stable source of income, but she threatens me that if i try to get custody, she will take our child and move to another state so that i will never see my child. is this legal, or would i even have a chance to get full custody of my child if i decide to go to court?
1 Answer from Attorneys
Re: biological parents of a minor that are not married and want to fight for fuu
You need to be named a conservator of the child as soon as possible. If you don't, then she might move and file suit in another state and you might have to defend it there.
You should file a "Suit Affecting the Parent-Child Relationship", establish paternity (if it is possibly in question) and ask that the court enter temporary orders restricting the child to your county and granting you temporary conservatorship. At that time, one of you may be required to pay child support. Given the circumstances, you probably have a good chance to be named managing conservator and have the primary custody of the child.
After the final hearing, the court will apportion conservatorship, possession, and support between the parents. What will happen primarily depends upon the facts of the case. If you are in the Austin area, I would be happy to consult with you.
Good luck.
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