Legal Question in Family Law in Texas

Re: Custody Question! Please Help!

You have asked a series of complicated questions that are not going to be answered adequately in an email - epsecially without a lot more information.

1. Has father established paternity? If not, he needs to start there. I recommend DNA testing in case he's NOT the father. If he does not do DNA testing now, and he later finds out that he's not the biological father, it is too late.

2. If there is a court order regarding visitation, she's in contempt and you would need an attorney to help you do the contempt. She has been ordered by a court to do certain things and if she does not follow the court's orders she is in contempt of court.

3. Regarding your living there. Most judges do not like "live ins". If Mother has a live-in too...well it just gets more and more complicated.

4. Your roommate idea is certainly creative but Judges are not stupid. You can be subpoened and will have to testify. If either of you lie under oath, that is a crime!

For all you know, she has been having you followed and has photos and/or witnesses willing to testify as to your relationship.

5. The children's ages, etc. would be considered by the Judge.

6. If you get married, it's a moot point. The mother will have to deal with you as a spouse.

However, if you have a criminal or drug history, getting married might not be a good idea if the father wants visitition with his children.

In summary, you need an attorney.

DO NOT RELY ON YOUR FRIEND'S ATTORNEY.

I've practiced law over 14 years and I've never had the same case twice - similar but never exactly the same!