Legal Question in Family Law in Texas

My boyfriend has a 10 yr old son, my boyfriend was caring for his maternal grandfather in 2007-2008 and his mother (the sons grandmother) was caring for the child because the mother of the child (boyfriend's estranged wife) was in and out of drug rehab and was neglecting the son.

My boyfriend's mother went to court and did not notify her son (the boys father - my boyfriend) and she ended up getting right to the child, so she is the grandmother who has custody of her grandson. The boys mother was deemed not fit to care for her son and ordered child support. My boyfriend, the boys father, was stated not in court, so they deemed him not fit to care for his son and ordered child support of him as well.

He pays child support, always has, has tax return garnished for support.

His estranged wife doesn't work and doesn't pay child support, his mother (boyfriend's mother) wont allow him to take his son overnight, and is difficult with visitation.

What are his rights as the father to go to court and ask for visitation and let them know he was not notified by his mother of the court date in August 2008?

Thank you.


Asked on 3/13/13, 2:52 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Your boyfriend needs to hire an attorney and get in front of a judge. He needs a tough, smart attorney. I recommend the attorney that I rent office space from - Patricia Bushman at 713-807-9405. She represented my male cousin and got him custody of his kids.

Her first appointment is free. He needs to bring in all his papers and let her read them. She will assess his case and tell him what to do.

Quite frankly, the judge does not care that his mother did not tell him about he August 2008 court date - it is water under the bridge - so to speak. This is 2013 and he needs to worry about today!

So tell him to get his money together and hire a tough, smart attorney!

Good luck!

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Answered on 3/23/13, 12:34 am


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