Legal Question in Family Law in Texas

single mother: custody

I am a single mother and want sole custody of my 6wk old baby girl. The father was a former friend and was not supportive during the pregnancy, has not mentioned child support. He does not deny her as his child but failed to sign the birth certificate and is very forceful about visitation (we have taken a DNA test). I want him to have visitation with his daughter, but his views on how much are very off the wall to me, and it seems that he is not looking into the best interests of our child. He is telling me that it is fine that he comes to my house for the first three months, but then he wants her by himself and every other weekend after that. My thoughts are that she needs to have a stable home environment until 3 years like the law says, plus she is breastfeeding. He does not have any experience with babies and is very awkward caring for her at the visits currently in my home. I have set up visitation three times a week for an hour each time. Is this fair and close to what the court would give him. He wants joint custody and I read that Texas does not do this unless both parties agree. What is generally given to unmarried couples?


Asked on 7/17/04, 6:15 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: single mother: custody

You really need to hire an attorney.

I am especially concerned since you are breastfeeding. The baby cannot be away from you for an entire week-end while breastfeeding.

It sounds like you have read the Texas Family Code. However, you need to read it again. You can also visit the Texas Attorney General website for additional information.

He is free to ask for whatever he wants. However, only a Judge can make the final determination.

Also, joint custody is just a term. Read the Texas Family Code to learn it's legal meaning in Texas. Joint custody does NOT mean he will see the child whenever he wants or that he can decide when he wants to see the child.

Good luck

Fran Brochstein

www.familylaw4u.com

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Answered on 7/17/04, 6:41 pm


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