Legal Question in Family Law in Texas

I live in Texas and have a 7 month old son with my exgirlfriend. There is currently no order for custody and she has only let me see my son one time in the last approximately 3 months for five minutes at a public park. She has had CPS called on her for several different allegations. Normally she will at least text me and tell me how he is doing when I ask her but she has been completely ignoring me for about 5 days. I have no idea if my son is okay, healthy or alive for that matter. Is there anything I can do? Can I file kidnapping charges?


Asked on 5/07/10, 12:52 pm

1 Answer from Attorneys

Right now, legally you are a stranger to the child. Until you establish that you are the father with custody and possession rights, Mom can essentially do anything she pleases (not contact you, not allow contact between you and your son, etc.).

You need to fix this. If I were you, I would immediately file an action to establish the parent-child relationship between you and your son. If Mom is as whacky as you say she is, you need to ask for exclusive decision making for the child, and supervised visits for mom and for temporary orders that will protect your son until the court can get to the bottom of all of this.

The court wants to protect the children above anything else, but it can't do so unless it knows there's a child out there that needs that help. Establishing your legal relationship with your child will allow you to make the court aware of your concerns and get orders that protect your son's health, safety, welfare, and best interests.

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Answered on 5/12/10, 1:02 pm


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