Legal Question in Family Law in Texas

Mother abandoned child 3 years ago and now wants to pick him up

My ex-wife left me with the children for a woman. The ''new girlfriend'' didn't like kids, so she never returned to pick them up. At the time my baby was just one year old and my oldest was nine. After not hearing from my (at the time) wife, I filed for divorce and was granted ''joint custody'' with me as the main conservator.But, she was given visitation. That was a year ago. Now, she says that she is coming to pick him up. He doesn't even know who she is. And she is also saying that she is going to take me back to court with the claim that he isn't mine. (that is a possibility, but we were married and I raised him since birth and he has never known another father. And the divorce decree states that I am the father and I am on the birth certificate). My question is 1) Can I be arrested for not letting her pick him up. 2) Is there a large chance she could get custody, if a dna test shows that he is not mine (even though the other possible father died) 3)Do I have to make my 12 year old go with her if he doesn't want to. 4) someone said I could request to terminate her parental rights she has abandoned the children and never paid child support. I know I will need to get a lawyer, but right now I just want to know where I stand.


Asked on 5/17/04, 3:56 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Mother abandoned child 3 years ago and now wants to pick him up

I would immediately file for custody!

Your questions are too complicated to answer in an email.

If you want a free phone consultation, please call me at 713-847-6000.

You can visit my website at 2www.familylaw4u.com

My deposit for starting such a case would be $1,195. Then weekly payment thereafter.

Good luck!

Fran Brochstein

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Answered on 5/17/04, 4:07 pm


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