Legal Question in Family Law in Texas
Custody of unborn child
My daughter is 5 months pregnant and currently estranged from the baby's father (they aren't married). He keeps threatening to take her to court and get custody of the child - he says this during arguments to hurt and upset her. The reason they aren't together now is because he won't quit drinking and taking drugs and she doesn't want to expose the baby to this lifestyle. Is there a chance that he could be awarded custody? She has not done anything to put the baby at risk...this is strictly a personal issue between the two of them.
2 Answers from Attorneys
Re: Custody of unborn child
If he brings a paternity suit to be adjucated the child's father, then it is likely he will be granted some kind of access to the child, perhaps only supervised visitation. From what you have said, it seems unlikely that he would be be made the possessory conservator, but it would be impossible to say for certain without knowing more about the situation. Ultimately, the judge will do what he or she deems to be in the best interest of the child.
Feel free to contact me at [email protected] or at (832)443-7170 if you have any further questions. Good luck.
Stephanie T. Shipp
Attorney At Law
Re: Custody of unborn child
Based on what little you have told me, I don't see "dad" getting custody. You haven't told me anything about your daughter such as age, maturity level, ability to care for child, any negative traits, ect. This will all be considered by the court in determining who will have primary custody. Assuming your daughter is awarded primary custody, then the father would get some access to the child, maybe supervised, maybe just some days till the child is older. In any event, I suggest that your daughter consult an attorney and be prepared to file a paternity action. She can then start getting some child support and maybe reinbursed for prenatal and maternity costs. Good luck and feel free to call for an appointment. I offer a free 30 minute consultation.
John Pfister
972-712-9208