Legal Question in Family Law in Texas
Paternal rights
Can the father of my child, who is now 2 years old, gain full or even partial custody of him if we are not married? He has given money sporadically as a form of ''child support'', about $100 - $150 whenever he feels like it, never more than once a month(in a good stretch). The child lives with me and I have allowed him to see the child as often as he likes. The child lives with me, but everytime we have a disagreement, he threatens to exert his ''rights as a father'' to win his way - What exactly are his rights? He had signed acknowledgement of paternity and his name is on the son's birth certificate. I do not wish for this kind of emotional blackmail to continue at his whim.
By the way, he is a foreign national whose work permit had expired more than a year ago, so he is currently staying in the US illegally. Will the fact that he is an illegal in the United States eliminate any parental rights he might have? I am also not a US citizen - but have been working at a managerial level position under a valid L-1 work visa for the past 3 years. The baby is born in Houston, Texas.
1 Answer from Attorneys
Re: Paternal rights
You have asked an extremely complex question.
I cannot possibly thoroughly address your question in an email.
To give you a broad and generic answer to your question -- yes, he can file a lawsuit and ask for custody.
I would encourage you to hire an attorney and get court-ordered custody, child support and visitation. Then he won't be able to threaten you any more.
Good luck!
Fran Brochstein
www.familylaw4u.com
713-847-6000
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