Legal Question in Family Law in Texas

Pertaining to a 3 yr old born in TX, parents never were married to each other and not in relationship. Child given bio father's last name (indicated on birth certificate), child resides with bio mother; bio father is not denied access to child, and does provide some financial spt, however there is no legal documentation pertaining to custody, support, etc. Question: if father decides to take child to live with him vs mother or just leaves with child what rights does mother have.


Asked on 12/30/11, 9:24 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

The father has no legal relationship with the child and has no right to abscond with the child (or even to have contact with the child, unless Mom allows it). If he wants to have actual legal rights to the child, he must (1) file a paternity suit with the court and seek a court order that makes a finding that he's the father or (2) marry the child's mother.

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Answered on 12/31/11, 10:29 am


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