Legal Question in Family Law in Texas

My fiance and I are getting married next summer. He has a 5-year old son from a prior relationship. They were never married and do not have a formal/legal agreement. He just sees his son and gets him when he can and gives his mom money and buys him clothing and shoes and toys whenever he can. She is on welfare with 5 kids under the age of 8, doesn't work and lives with her mom (the sole income) and sister. They move from apartment to apartment (1 onr 2 bedroom for 8 people), getting kicked out becuase they trash the place or don't pay rent. Right now they are all living with grandma's co-worker, becuase they had to leave the hotel they were living in. We live in a 2 bedroom home (can provide his own room and bed) and have 2 incomes. We are stable and have been in the same place for 3 years. He is starting school this year and my fiance wants to try to gain custody. What are his chances of getting him? Do I matter at all in the situation (second income, second stable caregiver)? Does he have to first petition for a legal agreement and pay her child support before he can petition to be the primary parent?


Asked on 6/22/10, 10:46 am

2 Answers from Attorneys
Mark Dunn Mark D. Dunn

He would file a voluntary paternity suit and in his petition he would ask for custody of his child. And yes, he has a good chance of winning.

You do "matter" as far as being a part of the household, and a stable influence on the child.

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Answered on 6/22/10, 2:01 pm
Fran Brochstein Attorney & Mediator

If you want to improve your changes of gaining custody, then get married tomorrow. Then you are a married couples. Now you are just a live-in and not a stable couple.

Sorry!

Get married now. Be a step-mom.

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Answered on 6/22/10, 8:45 pm


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