Legal Question in Family Law in Texas

guardianship of my son

I have a seven year old son whom I have raised since birth while sharing a home with his biological mother who is a drug addict. Is there a way that I can obtain emergency guardianship of him in the event of her neglecting him when I am working? I don't want CPS to get involved, but she refuses to get out of bed, take him to school, or be a parent to him. I am afraid CPS will be called, and I would like to be able to take my son without legal repercussions. There is currently no written custody agreement of any kind.


Asked on 1/15/09, 2:24 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: guardianship of my son

It sounds like you may not have done anything to document your fatherhood. You can file a Suit Affecting Parent Child Relationship (SAPCR) and an Acknowledgement of Paternity. Then, if you can prove that the mother does not take care of the child as you say, you could probably get custody. Good Luck.

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Answered on 1/15/09, 2:43 pm


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