Legal Question in Family Law in Texas

Gaining sole legal custody

I want to get sole legal custody of my son. The father has been in prison since 2007 and the last time I physically saw him was August of 2006. I don't know when he is getting out of prison and I don't want anything to do with him. Being that he is in prison, could I automatically gain full sole legal custody of my son if I refuse child support? If not, what do I need to do to make that happen? I have been raising him on my own since then, the father is a meth addict, has been in prison 2 times previously, and I believe he will endanger my child when he gets out of prison if he wants custody. He is in prison for breaking and entering and theft of his parents home, and when he gets out of prison he will serve 365 days in SafePlace in Dallas, TX for foraging my checks. Thank you for your help.


Asked on 9/24/08, 4:45 pm

2 Answers from Attorneys
TC Langford Langford Law Office

Re: Gaining sole legal custody

I agree with Ms. Bushman, but want to add that you also appear to have a decent case not only for sole custody, but termination of his parental rights, an avenue you might want to explore.

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Answered on 9/25/08, 2:22 pm
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Gaining sole legal custody

You really need a good family law attorney to handle this for you. Sole custody has nothing to do with whether or not you get child support.

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Answered on 9/24/08, 5:44 pm


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