Legal Question in Family Law in Texas

I am married (21 years) but recently ended an affair. My wife is aware. I have a child with the woman I had the affair with. Recently the mom has let me see her one day per weekend with stipulations and on occasion when she is in a bind. While we have not sought child support payments, I recognize my responsibility and give the mom 20% of my check each month. Payton (the child's name) has been introduced to my wife and 2 boys and we want to see her consistently. We are ready to see her on a consistent basis but the mom is not interested in allowing us to integrate her into our family. We are not looking to remove her or replace her as the mom even though some aspects of her life are concerning to us. She is a good mom.

What path should we take in having a more consistent relationship with Payton?


Asked on 3/24/15, 8:51 am

1 Answer from Attorneys

You will need to file suit to establish conservatorship and support for your daughter. She has no obligation to give you access to your child without a court order. Unless Payton's involvement with your family is not in her best interests then you are almost certain to at least have some weekend visitation under what is known as the standard possession order. You could certainly pursue more involvement as well.

Establishing child support now would actually be in your benefit because it will prevent a situation in the future in which she decides to pursue support and alleges you have never paid support and asks the court for backpay on the child support obligation. Quite frankly, you are also likely paying more than you are legally required to pay for child support and a court order may be for a lesser amount. You can always give more but if you fall on hard times you don't want to have to climb out of a financial struggle and have that be the time the mother sues you for child support. Establish the order now and then give whatever extra amount you can/want.

At any time the mother can disappear into the night and you will have no recourse. She may be sticking around for the child support or because she wants you to have some relationship with your daughter but all that could change at any time down the road. Avoid those problems by getting court orders established now. If this is something you are interested in pursuing I would be happy to talk to you about my services.

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Answered on 3/24/15, 10:19 am


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