Legal Question in Family Law in Texas

Child Custody...Please Help

I have a son going on 2 years in january and his grandparents on his dad's side have been taking care of him for a little over a year due to losing my job and house...I just could not put my son in that kind of situation.My question is when I get my house again and am back on my feet and I get him back, can they do anything about it? Also my son's dad's name is NOT on the birth certificate so what rights if any do they have?Can they take me to court for keeping my own child?


Asked on 9/12/03, 9:57 am

2 Answers from Attorneys

Stephen A. Nicholas Nicholas and Barrera, P.C.

Re: Child Custody...Please Help

The first reply is more or less accurate ... I would need more information to give you an accurate response but one thing is certain, I believe that you need to act fast to preserve your rights and you need an attorney within a 100 mile radius that knows the court system in your area ... Call me at 210.224.5811 if you have any questions ... Good Luck

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Answered on 9/14/03, 8:47 am
Fran Brochstein Attorney & Mediator

Re: Child Custody...Please Help

If the people have had the child over 6 months without you being in the household, they have standing to bring a suit to get custody of the child. They have rights (separate and apart from their son) because they have been raising him while you have been gone.

If they get custody, you will be ordered to pay them child support. You will be allowed visitation with him if you ask the court for visitation rights.

If they file for custody, you really need to hire an attorney and make sure that your rights are preserved. If you ignore the lawsuit, then they will be the only people to testify to the Judge. The Judge will calculate your child support based on their testimony. You may or may not get visitation with your child because the judge will base your visitation on their testimony.

I hope this explains your situation.

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Answered on 9/12/03, 12:41 pm


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