Legal Question in Family Law in Texas

mother refused father visitations

My brother and his girlfriend have split up and they have one child together.They are not married and have never filed any custody papers in court.His girlfriend today refused to let him see his daughter.She is a drug user and has abandoned her children on several occasions. He is scared for the saftey of his daughter.He does not have the financial ability to hire an attorney.Right now he is just scared for his daughters well being.Does he have any rights?Can she legally refuse to let him see his daughter?Is there any help he could get?? Who should he call??


Asked on 5/11/05, 8:09 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: mother refused father visitations

He needs to file a suit to establish paternity.

Until a court orders her to do so, she does not have to let him see the baby.

If the child's life is in danger you can call Children's Protection Agency. However, since he has not established his parental rights, I don't know if CPS would deal with him.

If his name is on the birth certificate, it is not enough to establish paternity. It helps but it does not mean he is the father.

He can go to Texas Attorney General Office and they will do DNA to establish paternity and set up child support. THEY WILL NOT FORCE HER TO LET HIM SEE THE BABY.

He can go to Houston Volunteer Lawyers Program or Lone Star Legal for free legal assistance if he qualifies.

I offer a weekly payment plan after the deposit (incudes filing fees with the county) is paid.

Best of luck,

Fran Brochstein

www.familylaw4u.com

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Answered on 5/11/05, 12:34 pm


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