Legal Question in Family Law in Texas
Child custody / support
My son is in the military and is engaged to be married next summer (2009). His fiancee has a 6 month old baby. The mother and father of the baby were never married. The father of the baby does not pay child support and there is not a court document between them regarding support or visitation rights.
There is a very good chance that my son may be stationed in some other state than Texas. Can the baby's father prevent my future daughter-in-law and the baby from leaving the State?
Any advice would be greatly appreciated as this is causing a lot of stress on all the parties involved.
1 Answer from Attorneys
Re: Child custody / support
It's possible - particularly if everybody sits back and waits for the baby's father to take action. It would be better to take the initiative to address this problem rather than wait for the sky to fall. If your son does not want to adopt the child right now (and that's understandable), the child's mother should at least take the initiative to get an order concerning custody, support and visitation. It may well be that it would be in the child's best interest (what the judge looks at) to be with the mother and her new husband rather than to stay near a deadbeat dad who does not pay child support or attempt to see his child. Good Luck.