Legal Question in Family Law in Texas

I am going Friday March 18th, into court for a child support hearing. The father to my son , who is 18 mths, has never had anything to do with him. We broke up before he was born. He was way at college when he was born. When he came home he went and signed the birth certifcate. In the passed 5 months i have had two protective orders against him for harrasment. One which he broke and was arressted. (he has not gone to court for that charge yet) He has droppped out of school now and is living with him parent who are both drug addicts. (i am not sure if he is using or not) Their house is nasty.( plastic on the roof to keep it from leaking, trash all over the yard, junk cars sitting everywhere) He also has other charges against him for rape of a 12 yr old, and texting another 12 yr old. I can not afford a lawyer, being a single mother, but he has one and i am scared. He has told me be is going to get my son on friday in court. This court hearing is for child supprt thur the attorney general. Because my son is on medicaid. Since I am going to have to represent my self, I would like to know how can can i ask for, a home study ,a mental evaluation, and drug test. And do I have to pay for them.


Asked on 3/13/11, 8:05 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

It makes a difference if this is a hearing on temporary orders or a final hearing. My guess is that it's for temporary orders.

Ask the Attorney General to help you (they technically don't represent you). You have the right to ask the Judge to order Dad to take drug tests; tell the Judge that you can't afford to pay for it. YOu can ask for a "mental evaluation," but the Judge probably won't order it unless you're willing to pay for it ($2500-$3000).

If Dad is asking for custody of the child, you can ask for a social study to be done, and the Judge will probably order each party to pay half.

And the Judge probably will NOT give the child to Dad. But he may order visitation for Dad.

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Answered on 3/16/11, 2:10 pm


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