Legal Question in Family Law in Texas

Re: Child custody and child visitation

Wow! In one short sentence, you asked a very powerful question. I highly recommend that you sit down with an attorney and go over the details of your case in greater depth.

I will now attempt to answer your question based on the brief facts you gave. Please be advised that my answer is based on what you have said and after talking with you I might change my answer.

It sounds as if you want to go after him for child support. If that is the case, please be advised that he will also be entitled to visitation. Initally, the visitation will be set up so the child can get to know his father with the intent of gradually moving to a Standard Possession Order. In fact, in Texas visitation and child support are mutally exclusive. That means that even if he never pays child support he is still entitled to visits with his child.

Regarding his prior bad acts, how long ago did these occur? The Judge will look at his behavior during the past year or two. If he has been "clean" during that period, the judge will possibly ignore his prior bad behavior. If he sexually molested a child, for example, my answer might be different and I would ask for supervised visits only.

Regarding custody, based on the fact that he has no contact with the child, the chance of his getting custody is slim. However, if you do something bad (like go to jail) the father of the child will move to the head of the line -- if he is even interested.

Please be advised that just putting his name on the birth certificate is NOT proof he is the father.

If you have any additional questions, please call me at 713-847-6000. I offer a free telephone consulation.