Legal Question in Family Law in Texas
Mother Concerned About Child's Safety
I was recently notified that I was the father of an 11 year old. We went through the paternity testing, it was established that the child belongs to me, and we have since began our visitation periods. During the last visitation, I took the child deepsea fishing. Based on the size of the boat, he was not required by law to wear a lifejacket. Although the water was a little rough, our safety was never in danger. Additionally some of the adults were drinking alcoholic beverages, which was done in accordance with the law (the boat operator just had a couple of beers all day). The mother found out that the child was not wearing a lifejacket and has expressed her opinion that I am not concerned with the safety of the child. She indicated that she may try to take me to court over this matter. In my opinion, taking me to court over this matter seems frivolous, since I was acting within the law and the safety of the child was not compromised in my opinion. Does the mother have any sort of a case against me?
3 Answers from Attorneys
Re: Mother Concerned About Child's Safety
You did not state if you have court ordered visitation. If you don't then she does not have to let you visit the child.
Courts in the Houston area will error on the side of safety. For example, it is not illegal to smoke around children. However, courts order the child not to be exposed to smoke.
If you live in the Houston (Harris or Ft. Bend counties) area and you need an attorney, please visit my website at www.familylaw4u.com
Good luck!
Fran Brochstein
Re: Mother Concerned About Child's Safety
Certainly, she can raise these questions regarding your conduct for the safety of this child. The things you are saying are defensive matters all of which must be proven.
Re: Mother Concerned About Child's Safety
I agree with Mr. Grissom.
Consider that you are somewhat 'new' in this child's life, and the mom may be a little nervous. Until you are a more permanent fixture in the child's life, you may want to err on the side of caution in these situations.
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