Legal Question in Family Law in Texas

Okay I'm going to make this short I want to leave my boyfriend we are not married,we have a 5 month old son and he has never changed his clothes,diapers,bathed him,put him to sleep, never fixes his bottles,and won't hold him or play more then ten minutes won't hold or play when he wants his daddy and he gets mad and irratated everytime he crys even if he doesn't feel good and that's why he's crying,he's never got up with us at 5am when our son wakes up he never gets up during the night to help with feedings not one time! So you see my problem if I leave him he's going to get joint or visatation and he does not need to be overnight with him or alone with out me or supervision during day visits. I want him to see his son as much as he wants just not alone or overnight I do not think and I know its not safe, so what do I d I can prove him unfit its not like I can video tape him that's a little difficult so sole custody probally would be denied and I can't risk that! I need advice please I love my son to death and he needs his father just not alone or overnight till he is A LOT older. So what can I do or can I d anything?


Asked on 1/31/11, 2:46 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

The standard possession order, which provides for overnight visits, does not apply to children under the age of 3. Usually, in cases like yours, the final order has two possession schedules. One for now, say every other Saturday from 10:00 a.m. to 2:00 pm at your house and every Tuesday night from 6 to 8 at your house. And then the standard possession order for when the child turns 3.

You are making the right argument--stay with it.

Read more
Answered on 3/10/11, 9:54 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas