Legal Question in Family Law in Texas
How can a father protect himself?
A friend has seperated from his girlfriend of less than 2 years. The seperation is on her initiative. She has moved in with a friend, leaving him with the apartment to pay for and the baby to care for during the week. She picks the baby up on Friday nights and returns it sunday nights. She pays for day care. He pays for all of the child's needs during the week and provides transportation for it. I would like to know if he can legally shield himself against her escalating requests for money and threats of taking him to court. If she does take him to court, I would like to know how he can go about proving that he is the child's primary caregiver. What documents or records will best provide a legal defense to support his claims? Under what circumstances would it be possible for him to seek support from her, and how likely is it that this can happen if necessary? Any information would be appreciated.
2 Answers from Attorneys
Re: How can a father protect himself?
Your friend should be keeping a diary/log of what is happening.
He also needs witnesses that he has the child over 50% of the time.
He needs to keep every scrap of paper concerning his expenses paid on behalf of the child.
He should RUN (NOT WALK) to a lawyer's office and get an attorney to represent him ASAP.
A court will then determine who gets custody and who pays what to whom.
Your friend needs to live a "squeaky clean" lifestyle right now. No drugs, alcohol, or girl friends staying overnight.
Good luck!
Re: How can a father protect himself?
Under the circumstances you describe, it would be to his benefit to go to court. The cause is called a Suit to Establish Parent-Child Relationship, and it would establish the rules of child support, conservatorship and visitation for all of the parties. A DNA test will establish that he is the father, and he has rights and obligations just as the mother has. He is likely entitled to child support, and his testimony, as well as that of the day care provider, friends, family will establish that he is the primary caregiver.
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