Legal Question in Family Law in Texas

Common Law Custody Battle

I am currently in a common law marriage (already established). I have removed myself from the marriage and am living with my family. I have a four year old with this guy. I am currently trying to save money to retain a lawyer and know that once I do, the father will be horribly upset. But I do not want him to see my son until it has been established the ''guidelines'' to visitation because in the past, violence and my child have been used by his father to ''control'' me. I want to place a restraining order on the father so that he can not contact me or have contact with the child until I retain a lawyer. No child support is being offered or ever is offered. Can I restrain him like that? Is that possible? Or does that mean he can't contact me but can still see my son? If he gets a restraining order place on him, and can get to my son, I can see him taking my son and disappearing. HELP!


Asked on 4/26/04, 3:05 pm

2 Answers from Attorneys
Fran Brochstein Attorney & Mediator

Re: Common Law Custody Battle

You need to file for divorce -- the temp. orders are part of the divorce.

Our deposit for a case with temporary orders if $1,195 then a weekly payment plan thereafter.

Good luck!

Fran Brochstein

www.familylaw4u.com

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Answered on 4/26/04, 3:30 pm

Re: Common Law Custody Battle

While you may have found out, some family attorneys charge a high retainer, however, some great ones will not. Call around because many will work out a plan by which you can pay it down over time. You can even ask other attorneys if they recommend anyone.

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Answered on 4/27/04, 8:07 am


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