QUESTION
Does the father have any custody rights or is the baby legally in my custody since we’re not married?
Asked on Jun 19th, 2014 on Child Custody - Texas
More details to this question:
I am the mother of a baby. I didn't marry the father. I wanted to marry but he didn't want to. He is an alcoholic and has become violent at times, when usually he is nice. The alcoholic part of him made me move out with the baby. I paid all my own prenatal care, insurance, hospital bills, the baby's bills and his well-baby checkups and shots. The father didn't pay anything. Now he gives me a little to help with baby food and he buys the baby food for his house. I have not tried to keep the baby from him, but he is threatening to take him. I think I have full custody but the father says he has every right to keep him too. With his drinking, it is scary.
1 ANSWER
Criminal Defense Attorney serving Houston, TX
at
RJ Alexander Law, PLLC
Update Your Profile
Under Texas law if there is no custody order in place then parents share equal rights to the child. This is of course assuming that the father has legally acknowledged the child in some form accepted by state law. You need to hire a local family lawyer to help you file an Original SAPCR that will provide for the visitation, support, and custody of the child. It is possible that you can prove that he should receive supervised visitation with the child if he has a drinking problem or demand that he does not drink alcoholic beverages 8 hours before receiving the child into his care.
Answered on Jun 23rd, 2014 at 9:56 AM