Legal Question in Family Law in Texas

Having a Baby

am contemplating having a child with someone who I do not intend on marrying in the future..What are my rights and what are his? Could we draw up a legal agreement to set up how the child would be raised? Can I have sole custody if agreed upon?


Asked on 1/26/07, 7:25 pm

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Having a Baby

You cannot enter into any agreement that cannot be modified in the future.

If the man is not someone you plan to marry, then why would you want his child?

As my father always says, once you have a child together you are "stuck together" for the rest of your lives -- not just until the child turns 18.

I strongly urge you to think long and hard before you move forward with this idea.

I might not be psychic, but I predict this is going to be a nightmare and something you will regret for the rest of your life.

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Answered on 1/27/07, 11:44 pm
Lewis Palomino Law Office of Lewis Palomino

Re: Having a Baby

I would say that both of you are in stepping into a minefield. You should understand that any agreements you come to notwithstanding, both of you are in for at least 18 years of contact and possible conflict. He will always have standing to challenge you for custody, and have liability for child support. Convincing a court that it is in the child's best intererest to allow him to voluntarily relinquish parental rights is difficult and not a sure thing. He needs to understand that it is likely that he is going to be made financially responsible for the child whether both of you like it or not. Tread lightly. Consult with a competent family attorney.

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Answered on 1/27/07, 12:13 am


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