Legal Question in Family Law in Texas
Custody
My husband has a 11 month old child that was given to his mother since birth and the child has been in her custody since birth. My husband has been with the child since he was 4 months due to his time of incarceration. The birth mother has given the child to the grandmother (my husband's mother) since birth and she has not had any interaction since the baby was born. We would like to know what my husbands rights are as the paternal father of his son. His name is not on the child's birth certificate but his son does have his last. We would like to know what he would have to do in order for him to be the custodial parent with full legal rights since he has been caring for the child since he was 4 months.
1 Answer from Attorneys
Re: Custody
A child is not like a puppy and cannot be "given" away. If your brother wants full custody of the child he will have to hire a lawyer and file a petition in court to obtain a court order for his rights.