Houston, TX asked in Family Law and Child Custody for Texas

Q: Wants to pick my son up and take him to his friends instead of staying here. My baby is exclusively breastfed! Help

I am going through a probono divorce. Baby daddy cane to visit for the weekend and has went left twice now to visit his friend instead of staying with his son. And tomorrow he’s saying he is going to pick him up. He does not have a car seat, my baby is 3 months old is breastfed only. Does not take a bottle. He has said he’s taking him for the day. But we have discussed until he moves near the baby he only comes to visit. My problem is that for one the baby doesn’t take a bottle or even take formula, for two that he is trying to take the kid and use someone else car seat, and take him to his friends house. I need advice what do I do?

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2 Lawyer Answers
Rick  Davis
Rick Davis
Answered
  • Divorce Lawyer
  • Bryan, TX
  • Licensed in Texas

A: Has a Petition for divorce already been filed? If so, your rights and the father’s rights may be governed by a standing Order. It depends on the county in which your petition was filed.

If not, you and the father have the same rights to the child. If he were to take the child from you and not return the child, you would have to file an Application for Writ of Attachment which would be expensive. Likewise, you have the right to not let him take the child until he files and seeks a Court Order granting himself visitation.

You should get a lawyer. If you cannot afford one, you might try a local legal aid clinic.

Chad Zubi agrees with this answer

Chad Zubi
Chad Zubi
Answered
  • Divorce Lawyer
  • Humble, TX
  • Licensed in Texas

A: I agree with the answer provided by Hon. Richard W.B. Davis, however, if your county does not have a standing order that governs visitation then an option you may have is to get temporary orders that outline exactly what visitation is going to look like while the case goes on. A temporary order hearing can be very important because it can set the tone for what the remainder of the case is going to look like. It sounds like you have a potentially heated custody lawsuit on you hands and you need a lawyer to make sure that you don't unwittingly forfeit certain rights and so that you get what you are entitled to. It may seem like a bad idea at the time to hire a lawyer because of the cost, but in the long run it is a wise choice.

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