Legal Question in Family Law in Texas

In my custody agreement no non-family member is allowed at my home while my son is here from 10pm-9am. I have found out I am pregnant by my boyfriend, will he now be considered family because we are having a baby?


Asked on 11/12/14, 2:12 pm

1 Answer from Attorneys

Michelle Scopellite Goldstein & Scopellite, PC

In order to give you an answer to your question, you will need to contact a qualified custody attorney who can read the court's entire order and discuss the facts and issues of this case, with you in more detail.

However, hypothetically, in Texas, I would say, No, a boyfriend would not be considered a family member, for this purpose.

Most often, in custody definition terms, a male family member is someone such as a husband or father or son, or brother or cousin, or a "step" of the same family type such as a step-son or a father-in-law or brother-in law, etc. and then, of course there are female family members as well.

If this legal definition is used, and if you let your boyfriend stay at your home during the times specified in the order where a non-family member was not allowed to be in the home and if your son was there at the same time, then, you more-than-likely violated the court's order,

but your son's father would need to bring a contempt action against you, in order for it to come before the court's attention for review as a violation of the court's order.

Keep in mind, if your ex does bring a court action for contempt against you, and if the above is true, the court could deem the action a violation of the court's order, and it could affect the custody that you now have with your son.

Goldstein & Scopellite, PC has qualified custody lawyers who can assist you with your custody matter at either one of our offices located in Dallas, Texas and Tucson, Arizona - Please see our

websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information.

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Answered on 11/13/14, 5:44 am


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