Legal Question in Family Law in Texas

Do I have to give my son back to his mother after she left him for 5 weeks with

My ex-girlfriend had not been allowing me to see our newborn baby for months.She left him with me one afternoon.I have had him for 5 weeks now.Now,just before we are to go for child support hearing case, she wants me to give him to her. I called attorneys for advise and was told by serveral that I did not have to give him back to her seeing that she left him with me for over 5 weeks with no contact.I did not employ an attorney).I was told that if I do not allow her to see him, that a habeas corpus could be filed against me.What is that and why if she abondoned him for all this time and now that it is time to go to court for child support, she wants him back.She has a drug problem and no place to live so that is another reason why I have not let her take him.Her attorney wants to set a meeting with me allowing her to at least see him.If I do this, can she take him from me?And if I refuse this meeting will I be in trouble at the time of our hearing?I understand that I will have to hire an attorney but want to know if I am in the right for not allowing her to take him and also what habeas corpus is and is it a bad thing for me seeing how I have been taking care of my son for his own safety.


Asked on 3/27/04, 10:35 am

1 Answer from Attorneys

Rush Wells Ratliff & Wells

Re: Do I have to give my son back to his mother after she left him for 5 weeks w

You better HIRE, not just talk to a lawyer IMMEDIATELY.

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Answered on 3/27/04, 1:36 pm


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