Legal Question in Family Law in Texas

Child Custody with Unmarried Couples

My daughter has left her live in boyfriend of the last two years recently. However, he refuses to let her take her daughter,she's 2, with her. Anytime my daughter tries to get her he puts out demands before allowing her to pick her up. My question is, next time my daughter gets the baby, is she required by any law to turn her back over to him. There has not been any offical court hearings to determine custody.


Asked on 1/01/00, 2:21 pm

1 Answer from Attorneys

David Sergi Sergi and Associates PLLC

Re: Child Custody with Unmarried Couples

The answer is that inthe absence of a court order both have rights to the child. I would get a paternity case going asap.

It would be best for your daughter to leave with the child and then get a restraining order. If she cannot afford an attorney she should contact her nearest womens shelter for help.

If he has been violent and has hit her within the past few month she can apply to the DA for a protective order and he can obtain one if the facts warrant one.

If you are in the Austin area I would be happy to help.

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Answered on 1/03/00, 7:51 pm


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