Legal Question in Family Law in Texas
Confused, lost and need help!!!! My daughter needs me
I have a 3 1/2 yr old daughter who lives in Michigan with her mother and I live in Texas.mother has just sued me for child support. I was paying what I could and then stopped because she has not let me see my d for 3 yrs because I didnt stay with her. I now know very stupid thing on my part but Im willing to do whatever it takes to make it right.The mother has been jobless many times bounces from house to house. Wont let me take her just to help until shes on her feet. I have a fiance/wife been together for almost 3yrs and a son. Daughters mother actualy did not want my dughter from the beginng now wont let see her. I dont mind going to court to give her child support but I want sole custody of my daughter so she has a stable life and not living with who ever will take her mother at that time. How do I get all this going and will I be able to get legal aide? I dont have much money and my fiance stays home wth son. Please help me I need my daughter in my life and I dont want her to end up like her mother pregnant at 15 and not wanting her baby.
2 Answers from Attorneys
Re: Confused, lost and need help!!!! My daughter needs me
I assume that the case is in Michigan.
You need to try to find a Michigan attorney.
I don't know Michigan law. However, I think you are going to have some hurdles to overcome:
1. You say that you love your child, but you have not provided her with support.
2. The child does not know you. You are a stranger to this child. If you did not get visitation, you should have hired an attorney to enforce your legal rights.
3. If you have no money and your fiance does not work, then she needs to get a job to help. I can't tell from your email is this son is yours or hers. If it is her son, then you are going to look particularly bad -- supporting a child that is not yours while allowing your own child to go without any form of financial support.
4. The court will probably wonder where you have been for the past 3 years.
5. If daughter's life style is dangerous for her well-being, where have you been?
Re: Confused, lost and need help!!!! My daughter needs me
I agree with all of Ms. Brochstein's statements.
If you are being sued in a Texas court, and are in North Texas, you can email me directly, and I can provide you with the names and numbers of some pro bono services. Since you are employed, and your fiancee could be employed, you may not qualify for their services. If not, then you need to retain an attorney to answer the lawsuit and reach an agreed payment schedule for child support. The law in Texas says that you cannot withhold child support for visitation. You can certainly fight for custody, and are entitled to at least visitation so that your daughter can develop a relationship with you. Regardless you are obligated to pay support, and need an attorney to resolve the arrearage and future support.