Legal Question in Family Law in Texas

If I request child support, will the unwed father have the same rights as I in Texas? He is 17 I am 15 and he has not seen the baby since he was born 7 weeks ago. Paternity has not been established. He drinks, and has a violent temper, I fear that if I file for child support he will have visitation. I have been with my baby since day 1.


Asked on 11/29/11, 9:30 am

1 Answer from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Unless there is a court order that says differently, mothers and fathers have the same rights. He has the right of possession whether you file for child support or not. If you deny that he is the father, then he would have to prove paternity, but if he turns out to be the father, then you might be asked to pay the cost of proving that.

If you can prove that he is violent, then you might be able to get his possession restricted or supervised, but you will not be able to deny possession entirely. The judge will want to know why you think that he would be dangerous when just a few months ago you slept with him. If you do not have a good answer, then he will probably get a right of possession according to a schedule.

Also, if you ever apply for governmental assistance, the attorney general will take him to court to collect child support.

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Answered on 11/29/11, 12:28 pm


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