Legal Question in Family Law in Texas
Child Support Procedure pro-se
I have a 4 month old and moved into the father's home after the baby was born. Our relationship has been very volitile and father has a violant temper. We have never been married nor have I ever shared his name and are not common law married. I plan to move out secretly and seek child support and only supervised visitation for the 1st year since I breastfeed and the father's lifestyle is somewhat permiscuious and alcohol and drugs present a problem. My question is how can I get started filing for child support and also get a judge to restrain the baby's father from visitation unless it's supervised. I would like to file a TRO until the court date can be set. Is this possible? Any advice you have is greatly appreciated. I have had a restraining order against this person for physical abuse which he plead guilty to a couple years ago. Thank you for your response.
3 Answers from Attorneys
Re: Child Support Procedure pro-se
You seem to know the basic procedures well, but I would not recommend handling the case pro se. There are too many procedural traps that can hurt you if you do not know them.
Yes, you can file a Suit Affecting the Parent-Child Relationship and possibly get a temporary restraining order which will be valid from the moment that it is served until the hearing. At that time, you can get a temporary injunction until the end of the suit.
If you cannot afford an attorney, call your local bar association and ask if they can give you the number to the local legal aid office, volunteer lawyer organization, or an attorney that might take your case pro bono (without pay) or for a reduced fee.
Re: Child Support Procedure pro-se
I offer a free consultation if you live in the Houston area.
If you cannot afford an attorney, then try Gulf Coast Legal Services (look in the phone book for their phone number) or Houston Volunteer Lawyers Program at 713-228-0732. Both of these non-profits offer free legal assistance.
Best of luck to you.
Re: Child Support Procedure pro-se
I agree with the previous response. Basically, the order you are seeking can be accomplished with a temporary order prior to a final hearing. You can obtain a tro when you file which will be effective till the temporary hearing. If you have a protective order, this will accoplish essentially the same goal as a tro but will not address visitation, the child or support. The temporary orders will provide for that. I recommend you use an attorney. If you can't afford one, try a local legal aid. In the North Texas area, try North Texas Legal Aid. They are located in Dallas and Mckinney. They will either directly take your case or refer you to a pro bono attorney. Also, if you only want support, you can ask the Attorney General to assist. They don't move quickly and are not very responsive to your individual needs and will not really address visitation, especially supervised visitation but they are free.
Good Luck
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