Legal Question in Family Law in Texas

Custody of a child

What are the rights of a father that is separated from his common law wife and child. She has gone to live with her parents for the last 6 months and now has left their home and left the child with them. She has called them once, but has not returned and they don't know her whereabouts. The father has not been permitted to see the child in the time he has been gone. The parents of the wife are filing for custody of the child. The father is in the county jail in another county but will be out in 2 weeks. The mother of the child has spent 30 days in a drug rehab center and now has relapsed and left her parents home. The father is currently incarerated and is attending a rehab program. he will be out in 2 weeks. Does the father have to be notified that the parents of the wife are filing for custody of his child. What rights does he have in the matter. He is the legal & biological father of the child.


Asked on 3/09/07, 2:11 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Custody of a child

If the father does not have a lawyer yet, he needs to get one. Yes he has to be notified of the pending proceedings. The inlaws may claim that they had no way to notify him or that his whereabouts were unknown, and thus serve him by publication. The father has an uphill battle in this case, and needs to have an attorney well-versed in family law.

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Answered on 3/12/07, 6:04 pm


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