Legal Question in Family Law in Texas
My son has a 1 month old daughter. (They baby was given his name) The mother and him are not married but they live together. They have been having problems so she decided to go home to grandmas, against his wishes. Grandma lives about 2 hours away from us, in a little town just this side of the Mexican boarder. They finally agreed on her being gone for 3 days, but one day after being gone she texted him saying she was going to stay a week. My son is furious and wants to drive out and pick the baby up. He's...we're afraid we will never see the baby again. I think it is a good posibilty that she will stay with her mom. What are my sons legal rights?
1 Answer from Attorneys
Your son can file a Suit Affecting the Parent Child Relationship. In this suit, the court will determine child custody rights and child support payment obligations.
Right now, mom and take the child when she wants and for how long she wants. Your son has the same rights.
If your son obtains a court order spelling out visitation periods, this order is enforceable by the contempt power of the court.
However, the court is likely to give custody to the mother and provide him limited visitation until the child is no longer a baby.
Your son needs to see an experienced family law attorney.
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