Legal Question in Family Law in Texas
Can a man who was convicted of drug posession by a federal court and spent three years in a federal prison and upon his release 3 years ago was arrested for 2 DWI's In Texas be allowed visitation with a 3 month old? He currently still has a breathalyzerin his vehicle.
Will a court take into consideration that another man has been raising this child as his own? The felon in question has only laid eyes on the child once at the paternity hearing but wants to have overnight visits with the child. What will a judge tyipcally rule in this case? Thank you for your time.
2 Answers from Attorneys
If the man is the biological father he has rights to his child unless his rights have been terminated.
The court will take all of the issues you listed into account for determining what custody/visitation (and conditions) are appropriate.
You should consult with an attorney for a more in-depth analysis of your case.
Good Luck!
If you don't have an attorney, you definately need one. You need your advocate so that the judge will hear all the facts. Don't expect the judge to "know" anything about his criminal convictions. These must be put into evidence. There is a specific way to get this done.
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