Legal Question in Family Law in Texas

Child custody rights for unmarried mother

we were never married our son is 3 months . I wanted to settle it out of court between us . He whent and hired a lawyer , will he be able to take my son away from me and how will i go about this ? thanks becky payne


Asked on 5/22/02, 1:19 pm

3 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Child custody rights for unmarried mother

It sounds like he has filed for Paternity. That will establish child support and visitation rights. Normally with a small baby, the visitiation is short and frequent. The visitation would change after the child got older (approximately 3 years of age.)

I practice law in the Houston area. I am not familiar with courts in Dallas, etc.

If you have a 3 month old child, it is difficult for a court to remove the child from his mother.

This is especially true if the child is breast-feeding.

You need to take an active role in this case. I strongly urge you to hire an attorney to represent your rigths and your child's rights.

Best of luck!

If you live in the Houston area, I offer a sliding fee scale and weekly payments.

My office phone is 713-847-6000. Be sure to let me know that you found me on lawguru.com

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Answered on 5/22/02, 9:38 pm
James Grissom Law Office of James P. Grissom

Re: Child custody rights for unmarried mother

That is a possiblity. Most judges will not separate a mother and child unless there is some very good reason. Do not let the father have the child until there is an order of visitation from the Court. Then follow all the rules of the order. If you are not going to get a lawyer, then make sure you appear at all court hearings. You are taking a big chance, because certain legal procedures could result in something that you will probably not like.

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Answered on 5/22/02, 2:11 pm
Brandon Manus Manus Law Office

Re: Child custody rights for unmarried mother

I highly recommend that you get an attorney. It will be very difficult for you to represent yourself in court in a matter like this.

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Answered on 5/22/02, 2:56 pm


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