Legal Question in Family Law in Texas

My husband decided to walk out on me and our 2 month old. I am filing for full custody. With a child so young (and I am breastfeeding) what will a judge give him for visitation? I can't just send her to him overnight. And as of right now he doesn't have a stable place for himself to live.


Asked on 8/29/10, 12:00 pm

2 Answers from Attorneys

David Ortiz Law Office of David Ortiz

Most Courts will apply what is called a Modified Possession Order that is for children under 2. They are usually custom designed to meet the needs of the child. I have seen some very liberal and some very strict. Depends on the situation. Usually goes to the father's ability/willingness to provide good care for the child. You need to make a list of the child's needs and how you provide those needs and how the father is able to or unable to do the same.

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Answered on 9/03/10, 4:09 pm
Fran Brochstein Attorney & Mediator

I would definately keep breast feeding. If you are breast feeding then the father's visits will work around the baby's schedule.

If you are in Harris county, most judge's won't have any overnights with such a small baby. The judge will order frequent short visits. You will get to see the father possibly several times a week so that the baby gets to know the daddy.

You need to hire an attorney that can explain all of this to you.

Good luck!

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Answered on 9/03/10, 8:33 pm


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