Legal Question in Family Law in Texas

My fianc� has been divorced from his wife for over a year. We found out in April that the youngest (age 3) is not his. His ex wife is now having him served with papers to have his rights taken. Can she do this? What might happen in court? He has no lawyer, and he hasn't seen the child since the DNA test was done, and hadn't seem him before that for a year because of his working out of state most of the time. He also requested the DNA test... and she won't let him see the child, but we have no proof that she will not let him see the child. She never tells him no in a text, email, etc.


Asked on 8/18/14, 6:46 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Yes, she can do this. It's covered in 160.607 of the Texas Family Code.

As for visitation: I assume there's a court order in place that sets forth times and dates - a visitation schedule. Dad needs to do two things:

1. Write a letter (paper letter - keep a copy - STOP USING THE CELL PHONE) telling Mom that he'll be coming over on Friday, October 3, at 6:00 pm to pick up the child.

2. Show up at Mom's house at 6:00 pm on Friday, October 3, and knock on Mom's door. Maybe somebody can bring a video camera to record what happens next.

If Mom refuses to obey the Court order that ORDERS her to surrender the child, Dad can sue her for contempt.

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Answered on 9/17/14, 10:20 am


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