Legal Question in Family Law in Texas

Filing for child support can ex-boyfriend get custody?

I'm trying to file for child support for my son who is 7 months old. I am afraid when I do this my ex-boyfriend(the child's father) will try to get full custody of him. Will he be able to do this? Can you please give me some information to help?


Asked on 2/29/00, 12:24 pm

2 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: Filing for child support can ex-boyfriend get custody?

It's very rare for a Family Court to remove a child from its mother. Texas law specifically provides that the Courts must not discriminate against mothers or fathers, but custody is usually granted to the mother, unless there is absolutely some serious situation where the mother simply cannot provide the child a safe and happy home. That doesn't mean necessarily the best of everything, but just the best that she can do for the child. However, when child support is obtained, the Court will usually provide for visitation with the father. Sometimes they use it, sometimes they don't.

Good Luck

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Answered on 3/10/00, 11:47 am
Paul T. Hebda, Ph.D., J.D. The Hebda Law Firm

Re: Filing for child support can ex-boyfriend get custody?

Initiating a court action to obtain child suport for your son doesn't necessarily mean that you ex-boyfriend will get custody of your son. The courts look to what is in the best interest of the child. From my experience, it has been extremely rare where a court takes a child as young as yours away from the mother. Only under very unusual circumstances have I seen that happen. However, your ex-boyfriend does and will have visitation rights. I strongly suggest you contact an attorney to handle this matter for you.

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Answered on 3/11/00, 10:04 am


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