Legal Question in Family Law in Texas
I have a six month old baby with no job and lives with a relative can her father take her away from me?
1 Answer from Attorneys
This is what I learned in law school - anyone can sue you at any time for any reason.
Technically, I could sue you for custody of your baby. I would lose but you would have to come to court to defend yourself.
If you are worried, I highly recommend that you save money because eventually he will file a lawsuit for at least visitation and access to the child. How much money will you need? I recommend having at least $10,000 in a bank account to hire an attorney. So start a savings account today. If you don't use it, then your child can use it for college.
If you file for any state or federal aid for the child, such as food stamps or Medicaide, you have already signed away your rights and the TX A G will eventually go after him for child support. If you read the fine print, in order to receive any sort of government assistance, you agreed to allow them to go after the father for reimbursement.
Usually in approx. 3 years the TX A G will file a lawsuit against the father for reimbursement on behalf of the taxpayers and that will usually "trigger" the father into filing for custody of the child in order to try to avoid paying child support. At that point you will need your own attorney to "defend" yourself. The TX A G office represents the TX taxpayers and not you.
What do I recommend that you do NOW?
Live a boring life - no drugs, alcohol, etc.
Don't date registered sex offenders
Don't post anything "nasty" on facebook
Don't "piss" the father off
Anticipate that he is recording all your conversations
Take good care of the child
Take the chid to the doctor on a regular basis
Never hit the child with an object (like a wooden spoon or a belt)
Never allow a registered sex offender near your child
Never allow anyone that does drugs near your child
Don't smoke around your child or allow others to do so
Take classes & improve your life
Eventually get a job to support yourself & your child
Do the very best you can for you & your child
Have witnesses willing to come to court to testify that you are a good mom
I hope this information is helpful.
I've been practicing law over 20 years and I could write several books on this topic.
Good luck!