Legal Question in Family Law in Texas
my son and his girlfriend have a child together. Right now they all live with me and have since before the baby was born. The baby is now almost nine months old and I have been taking care of her since she was born. The mother does nothing but sleep all day. My son works 2 jobs to support his daughter, does he have a legal right to his daughter? The mother wanted to leave lastnight without the baby but her family said she could not leave without the baby. The mother doesnt work. My mother and I have done everything for our grandbaby that a mother should do. She does not wash her clothes, bottles and I went in one day to put her in bed and there was dirt all over her sheets, They had not been washed so I do that too. The mother pays for nothing for her daughter. I have the baby from the time she wakes up till I get her to bed at night. The mother only plays mother when her family is at our house, as soon as they leave she gets on the computer, plays video games or draws. The baby cries every time I try to give her to her mom, when she does have her she just puts her on the floor with no toys and doesnt play with her. She doesnt try to teach her things. Her family doesnt want the baby as far as we can tell. They come to see her maybe twice a week and every time I have her at my moms(which is next door). Does my son have the right to keep her if the mother leaves?
2 Answers from Attorneys
Your son needs to file a petition (right now) for voluntary paternity. In the suit, he will ask the Court to make a finding that he is the child's father (right now, legally, he isn't). He will also ask for some kind of access to the child - either a visitation/possession order, or he can ask for full custody.
Even though you (and everybody else) know that he is the father, legally he is a stranger to the child. The child's mother can pack up tomorrow and leave with the baby, and there's nothing anybody could do about it.
I charge $1 per minute to sit down with your son and talk to him. If you want to tag along you can. In fact, you can bring a maximum of 4 people to the meeting.
If you want an appointment, email me at [email protected].
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