Fathers rights? Texas

[Carguy101]

Hi Im in Texas, 2 yrs ago, I had a child with a girlfriend, since then we have broken up and I have married. I want to get full custody, how would I go about doing this? There is nothing on paper yet but we usually get her for 3 weeks a month. Now the mother is putting her in daycare and wants her 5 days a week, my wife and I would like to get full custody of her and get something down on paper, Where should we begin? We are very limited on money as well. Thankyou for any help.

 

[VeronicaGia]

Hi Im in Texas, 2 yrs ago, I had a child with a girlfriend, since then we have broken up and I have married. I want to get full custody, how would I go about doing this? There is nothing on paper yet but we usually get her for 3 weeks a month. Now the mother is putting her in daycare and wants her 5 days a week, my wife and I would like to get full custody of her and get something down on paper, Where should we begin? We are very limited on money as well. Thankyou for any help.

Has paternity been established by you either signing the birth certificate, signing an acknowledgement of paternity or taking a court ordered DNA test? If so, file for custody! If not, that must be addressed first.

 

[Carguy101]

Yes I have taken a DNA test, she is mine. How do I go about filing for custody? Do I need a lawyer to file?

 

[ktarra617]

Ok first off, your daughter is about two years old. Texas courts still very much operate under the tender years theory that mom is the best parent for any child under the age of nine.

The fact that you are remarried will have no bearing on the custody of the child. In fact if you are percieved by the court as putting forth your wife as better for the child than her mother then you will NOT get custody. The court will place the child with whoever they deem will encourage the relationship between the parents better and short of that they favor the mother for young children especially girls.

You need to get this full custody thing out of your head. The mother is entitled equal time with her daughter just as you are entitled to equal time with your daughter.

I don't mean to sound so pessimistic but been there done that and my stepdaughter STILL lives with her mother. Your best bet is to try and work something out and short of that hire an attorney one who preferrably has represented many fathers.

Custody is not cheap and neither is child support. And keep in mind that even if you are lucky enough to get custody of your child the court may not order the mom to pay anything, courts are still pretty wishy washy on ordering moms to pay child support but don't for a minute think that they won't order you to pay support and come after you when you don't pay up. I would start saving up and find a way for you wife to make the bulk of the income. Her income is not attachable for child support in any way at least not in texas. Yours is the only income the court will care about.

I wish you the best of luck..