Legal Question in Family Law in Texas

What rights, if any, does the ''intended dad'' have?

My husband has been in his ''son's'' life since birth. He isn't the birth father and has never married the mother. He has been the majority provider up until a year ago. His son is living with his unstable mother and it is a constant battle between her verbally abusing him and her alcoholic nature. The son wants to live with us, but his mother refuses. He isn't in a safe environment. CPS hasn't been any help. We want to fight her for custody but everyone says it is a losing battle due to no paternal rights. Is there anything we can do? He will be 15 in Feb. We told him to hang in there until he turns 17 then he can move in with us.. but the way his mother is destroying his mentality, we want to move him out asap. His mother is a manic depressive alcoholic with suicidal tendancies. She has been hospitalized 3 times in straight jackets no less! She makes him take care of her 2 month old baby like it belongs to him. My husband's son is very emotionally messed up. He has gone to anger management and counseling to help deal with his issues of his mother.. It just keeps getting worse with her drinking and verbal abusing him. Any suggestions as to what we should do??


Asked on 8/18/08, 4:15 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: What rights, if any, does the ''intended dad'' have?

Interesting. I usually don't respond to these types of questions, but this poses a couple of possibilities. (1) the child through an attorney ad litem could file a petition affecting the parent child relationship seeking custody in your husband. Surely, the kid is a interested party. Or, (2) you and your husband could file a contested petition to adopt the child, involuntarily terminate the parental right of the mother and make a happy home. This might give you something to talk about with a good family law attorney in your area. Good Luck.

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Answered on 8/18/08, 4:21 pm


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