Legal Question in Family Law in Texas

I have custody of my 7 year old son and we live with my fianc�. My son's father has been in and out of prison for DWI's involving prescription pain killers. He is supposed to get our son every first, third & fifth weekend and every Wednesday. I used to let him have him on the weekend we agreed on, but he was never interested in getting him on Wednesdays. I stopped letting my son go with his father about 3-4 moths ago because I saw signs of drug abuse again. Not to mention, he lives with a friends of his, and our son does not have his own room or space over there. Also, on the weekends he had him, he would bring him to his girlfriends' houses or to his friends houses and stay the night there. Most of the time there were other kids to play with there. But his friend's house has other light drug abusers or dealers living there. I also thought it best to stop him from going with his dad because our son was coming back from there with an attitude and started cussing in school, and was acting unnaturally sexual around me and other boys his own age. I may be over reacting but I am, like most mothers, MOMMA BEAR. He recently started paying child support and now on occasion, asks to have our son for the weekend. I told him I did not want him to have him over the weekend until I knew he would be safe. I told his father that I would meet with him anywhere any time so they could see each other and I have asked him to lunch or dinner a few times because our son asked about him and wanted to see him. His response, if there was one, was that unless he could have him at his house on his weekends, no questions asked, then he would not come and see him. I am trying my best to work something out with him without bringing in the law/courts because it would more than likely violate his parole and that would help no one. we used to communicate well but since he has started paying child support and I stopped letting our son go with him on the weekends he doesn't want to communicate anymore. My question is this, what are my rights as a custodial parent to 'protect' my son, but still find a way for him to see his dad, and keep his stubborn father's butt out of jail/prison? And should I get a lawyer just incase my good intentions fail?


Asked on 9/13/13, 7:38 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

You are asking complex legal questions that need to be answered in person. This site is not an appropriate place to try to attempt to answer all of your truly complex questions.

The questions you are asking are totally appropriate. You are right to be a "momma bear" and I wish all parents would act the way you are doing right now!

So look on this website & on www.avvo.com for an attorney to talk to. It appears that you live in the Houston area based on your zip code. There are many attorneys in the Houston area that offer a free consultant. I office with an attorney that offers a free consultation - you can look on my website - www.familylaw4u.com - for her name and phone number.

I would also be worried based on the facts that you have presented. I would urge you to have court orders entered because he is not communicating with you regarding the child.

Good luck!

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Answered on 9/14/13, 8:29 am


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