Legal Question in Family Law in Texas

Custody

Family member has had possession of child he believed was his daughter for over two year, and has cared for the child, given her a home, and his name. Mother appears back recently saying she is not his, and wants her back. Took internet DNA test, and she is in fact NOT his, but he still wants her. He loves her and fears for her if mother takes her back because she has drug problem and is in and out of jail. Is there anything he can do to keep her. The parent-child relationship is definitely established.


Asked on 5/17/06, 10:11 pm

2 Answers from Attorneys
TC Langford Langford Law Office

Re: Custody

Maybe.

It could be a difficult fight. The dad really needs to meet with an attorney immediately. An attorney can file a SAPCR, and ask the court for conservatorship, granting the mother possessory, supervised visitation. He will have to build a very strong case to overcome the legal presumptions afforded to the biological mother.

If that is impossible, then as a last resort, I would advise him to contact CPS. In an emergency situation, and he would have to be able to establish an emergency situation, CPS could ask to take managing conservatorship, and place the child with him. This approach could backfire, and strongly recommend that he hire his own lawyer, if there is any way at all to do so. Custody battles are expensive, but he might be able to get a good lawyer, that is willing to work out a payment arrangement.

Good luck.

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Answered on 5/18/06, 7:35 am
Fran Brochstein Attorney & Mediator

Re: Custody

If a court has found him to be the father then he is the father whether he is biologically or not.

If he's had the kid for over 6 months then he has the right to file a lawsuit for custody.

Good luck!

www.familylaw4u.com

Fran Brochstein

713.847.6000

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Answered on 5/18/06, 5:12 pm


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