Legal Question in Family Law in Texas

Re: Fighting for a baby

It is rather difficult to give you a complete analysis of your situation without knowing more. First of all, where is the biological mother in all this? Is she out of the picture entirely? Has she had ongoing contact with the child? How did the child come to be living with you instead of his father, or by "we" do you mean he and his child live with you? Is his name on the birth certificate? If so, he is a presumed father and that is a presumption that can be rebutted only through paternity testing. My question for you is, if you and the father of the child may lose possession of her (if the results are unfavorable), why are you doing it? From what you've said, you want to keep her either way. My advice to you would be to force the mother or whoever else wishes to challenge paternity, to foot the expense in attorney fees and testing fees to prove he's NOT the father. Why would you want to do that work for them? Your brother may have a burning desire to know the truth, but is that desire so paramount that he is willing to facilitate the loss of his a child he considers his own?

Here is a little something else you should also be wary of. If the mother is not paying you child support at this time, don't press the issue if you have any doubts about the paternity of the child. If she doesn't want to pay, she will challenge the paternity in order to take the child away from you and avoid paying child support.

I wish you the best of luck

Sincerely,

Stephanie T. Shipp

Attorney At Law

#122

12 Greenway Plaza, Suite 1100

Houston, Texas 77046