Legal Question in Family Law in Texas

nonrelative custody
My son was with his then married girlfriend through her pregnancy, delivery, etc. Baby supposedly belongs to exhusband, but wasnt given his name and he is not listed on the birth certificate, and he makes no effort to contact the baby. She has several other children that are with the exhusband. She has never been a mother to this child and now has left and the baby is with us. My son takes care of the baby at night and I take care of him during the day while son is working. We love this baby dearly and my son is the "acting father". The mother visits occasionally, once every week or two. What rights do we have,if any, to this child? We are the only family he knows. The mother has been investigated by CPS over the past 8 years for neglect of her other children whom she has very little contact with and does not support. She has given no support to this child other than formula she receives from wic. I have asked her to sign legal guardianship over to us so the baby will be protected and can be put on our insurance, but she refused because she is afraid I will try to take custody, which I would if I had any legal grounds.

Asked on 7/08/99, 1:27 pm

Donald Teller Law Office of Donald E. Teller, Jr., P.C.

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Re: nonrelative custody

You should consider filing and requesting that

the court award custody to you. Be careful, b/c

both parents will be pulled in, and it sounds

like they will not both relinquish voluntarily.

Or else you can wait and further establish your

relationship with the child, hope the parents

screw up, and try it then. Keep in mind that

your chances may not be good. You should check

with an attorney for more information, or if you

decide to pursue gaining custody.

Answered on 7/19/99, 3:18 pm

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