Legal Question in Family Law in Texas
I am a single mother and my sons father doesnt see him but once every 2 weeks, he tells me the reason why he doesnt see or visit him that because i tell him to stay away. Can he use that against me if we do go to court to get visitation over my 6wk old son? Can he get overnight custody of my 6wk old son if i do not agree but i do agree that he have visitation for couple hours?
1 Answer from Attorneys
You do not mention whether there is a court order governing visitation. If there is no court order, each parent has the right to custody of the child. A court order would spell out when and if the child's father would visit him. It would also require him to make child support payments.
I'm not sure what you mean by "overnight" custody. If you mean immediate, the answer is no as there will have to be a hearing which takes time to schedule. If you are asking whether he can take baby home for an evening, that depends on the evidence presented in the hearing.
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