Legal Question in Family Law in Texas

Re: Fathers Visitation Rights

If you have NOT gone to court and established his parental rights or he is NOT on the birth certificate, then he has no parental rights.

He has the same rights as a stranger if there has been no court order or DNA testing.

Even if he is violent, he has the right to some sort of visitation. In Harris County there is a SAFE Program for violent people to see their children in a supervised environment.

He and his parents can threaten you until the cows come home. You don't need to listen to them or try to negotiate with them. They are just trying to scare you.

If he comes to the door and there is not court ordered visitation, you don't have to open the door. If he calls the cops, you can tell the cops that there is no court-ordered visitation.

I'm not sure what the cops will or won't do.

I strongly urge you to talk to a lawyer about your rights.

You need to be very careful. The baby cannot protect herself. She does not know your legal name or home phone number and if he takes her then she won't be able to go to a policeman for assistance.

Re: Fathers Visitation Rights

You have several issues to address, and need to address them in order of importance.

Does your ex have an order of protection or restraining order or injunction from coming around your daughter?

If not, you need one, since he has a pattern/history of violence.

Absent a court order, one parent has the same rights as the other, so if he follows through and gets your daughter, you will have fight to get her back.

Whether or not he has been faithful in visitation or child support is not relevant in this case, since he has shown 'effort'.

Whether or not he is on the birth certificate is not relevant.

You need to talk to the DA to see if they will get you an order of protection.

If that doesn't work, then you need to file a paternity case, file a Suit Affecting Parent Child Relationship, and ask for child support and supervised visitation.

Many lawyers will accept your case on a payment plan. Email me directly if you have a problem. TCL