Legal Question in Family Law in Texas

My husband and I are currently separated but still legally married. He and a one night stand have a child, with whom he has joint custody of. The child's biological mother has not seen the child in over four years but she still has papers stating she has joint custody. The child is 11 years old and lives with me not her father. The biological mom has moved to our city and is starting a lot of problems now and the 11 year old does not want to see her. I have been a part of this child's life since birth and have been the primary caregiver since my husband gained custody when the child was 3. I love this child deeply and will do anything possible to maintain our current living situation. I just do not want to "rock the boat", make the wrong move and lose this child. Should I get a lawyer for the child? This child wants to live with me, calls me mom. I have been this child's cheerleader. I support this child's dreams and goals, I attend the school functions. I am the mama!

Asked on 2/10/11, 11:33 am

1 Answer from Attorneys

Thomas Daley Power Daley PLLC

You should consult with a local family law attorney and consider asking the court to make you a conservator of the child, perhaps even the primary managing conservator. The sooner, the better, so as not to give bio mom a lot of time to rehabilitate her facts.

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Answered on 2/10/11, 5:35 pm

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