Legal Question in Family Law in Texas

I recently found out I have a soon to be a 2 year old son. AOG has signed off on a modified Possesion order until then including everything else concerning child support and guardianship. I informed the attorney I wanted to file for custody the same day I found out the child was mine. So far I’ve only seen my son once and the ex isn’t letting me see my son anymore due to a cps report. Due to social media and various videos and post the safety and upbringing of my son had risen. From her constant post on social media looking for someone to smoke with and referring to weed to teaching my son how to curse at such an young age to being in Facebook live with her boyfriend while my son is in bed asleep and stating he is lighting up a blunt. She has had previous jail time for Possesion of Marijuana And also has two active warrants failure to appear and disorderly conduct/ fighting since 2016 . She has anger problems and has been nothing but disrespectful from name calling to threats . She also moves from address to address and doesn’t have stability including financially. She doesn’t care if my son has a relationship with me and constantly requests for me to sign over my rights she always refers to my son as being only hers . I was not trying to take my son away from his mother I just wanted to get physical custody so that he could have a father figure in his life to teach him how to become somebody great in life something I never had. So far I’m pro se and seeking legal advice


Asked on 11/15/17, 7:59 am

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

This sounds like a bad situation for your child. The OAG will not be helpful to you. You need to file a counterpetition asking for primary managing conservatorship and requesting drug testing on both parents. I hate to say this because I know that no one is drowning in money, but you need an attorney. Custody battles are complicated and you have to present the information to the judge in a particular manner if you're going to win. It's not enough to make accusations, you have to present evidence that is admissible and you have to be able to overcome objections. For that reason, you need to find a family law attorney in your area.

The way I'd find one is I'd go to w w w . a v v o . c o m and search for "family law attorney" in your city or county and pick one with the best client reviews.

Good luck!!

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Answered on 11/15/17, 11:45 am


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