Legal Question in Family Law in Texas

child custody

A married couple that are seperated but not divorced and are expecting a child, What actions have to taken for joint custody on fathers part when the child is born?


Asked on 7/06/07, 7:19 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: child custody

First, it is presumed in Texas that most custody will be joint custody.

That said, most lay people do not understand the legal defination of "joint custody".

There are 3 sets of rights and duties that are vital. The rights and duties set out what each parent can legally do regarding the child.

Also, usually for a baby (especially if the mother is breast-feeding) the visitation will be frequent and short.

If you think the father will get one week on and one week off of a new-born, it would be highly unlikely.

I recommend that that you request DNA testing at the child's birth. It is only a mouth swab so there is NO pain involved on the baby's part.

You can file the divorce now and finalize the divorce AFTER the baby is born.

Even thought this is a newborn, I'd be sure to include telephone and internet access in your decree.

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Answered on 7/08/07, 3:51 am


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