Legal Question in Family Law in Texas
Single Fathers
Do I as a recently non-married single father have any chance of getting any kind of custody of my child? By the state of Texas I was Common-law married.
3 Answers from Attorneys
Re: Single Fathers
As the father of the child, you will be responsible to pay child support for the child for the next 18 years. At the time the child support is determined, you may assert your request for custody. The family code gives you a right to custody.
Re: Single Fathers
You certainly have a chance, but every case is fact specific. Also, the sooner you assert your rights the better off you are in attempting to obtain custody. In your situation, you will have to estblish your parentage and seek custody. Sometimes it is tough for a very young child. However, if the child's best interests are served with you being the primary caretaker, then you must provide the court with evidence to rule in your favor. The court is supposed to be gender neutral, however I'd be lying if I told you the chances are 50/50. However, you can obtain custody if you assert your rights and demonstrate that you are the better parent.
Re: Single Fathers
Mr. Teller gave you excellent advice, as did Mr. Grissom. Right now, if you need to file a suit to establish paternity. Even if the mother is given primary custody, you will likely be given visitation rights and in Texas, the standard visitation will give you custody more than 40% of the non school hrs. Please be aware that if you do nothing and never have contact with this cild you could be slapped with a lawsuit for child support at any time - up until the child was 22 in the past, it seems there is no time limit now. Most judges like fathers who want to be fathers, if you assert your rights early you have a good opportunity to be a part of your child's life. Good luck and act quickly.