Legal Question in Family Law in Texas
what rigts as a father of 16yrs have if mother is incarcerated..
Asked on 1/05/12, 5:47 pm
1 Answer from Attorneys
Thomas Daley
KoonsFuller PC
If there are no orders in place pertaining to the child and you are either the mother's ex-husband OR you have signed an acknoledgement of paternity, you can just go get the child.
If there are orders in place, you might try to go get the child, but you would probably need to file a Petition to Modify the Parent-Child Relationship, alleging a material and substantial change in circumstances (i.e. Mom in jail) as the basis for taking the child.
If neither of those apply, first you need to legally establish yourself as the father, then go get the child.
Good luck!!
Answered on 1/07/12, 8:30 pm