Dallas, TX asked in Criminal Law, Family Law, Child Custody and Federal Crimes for Texas

Q: What will happen if I haven't given birth yet, the dad isn't signing the birth certificate etc?

The dad is a drug dealer with 5 other kids. He’s sold drugs in front of them before, he’s told me this himself & Ive actually seen him have 2 of his youngest with him in a junkies car while he went to go get the drugs while on face time. He smokes weed/cigarettes around his kids. I'm guessing his other children's mother doesn't care or know that he does it but i care about what my first born will be around & he’s very unfit with just that alone. I looked up arrest records from him & they're assault/family violence which he lied to me about by saying they were random charges. He’s also admitted to killing people, hanging with the cartel & said he would put his “big drugs” & guns in my unborn daughters & i’s closet because no one would know where he is. Also brags about the fact that he’s a known runner when police are on to him. Constantly keeps calling my mom, than pretends to be his family members to get us to reply. If i get a protection/restraining order will this give him rights?

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

A: In short, very probably not. To get a more complete answer to your question, you need to talk to your local District Attorney's Office or County Attorney's Office. They should be able to file an Application for you for free.

Chad Zubi
Chad Zubi
Answered
  • Criminal Law Lawyer
  • Humble, TX
  • Licensed in Texas

A: Upon the child's birth he has the same rights as you. A protective order will not likely bestow rights upon him.

If he has committed domestic violence against you or a member of your household and it is likely that this will happen again then you could potentially get a protective order.

Even if there was no domestic violence, you can file a suit affecting the parent child relationship and ask that a court put orders in place regarding the child. You can ask the court to do things to alter the rights that a parent would normally have, such as the right to make decisions regarding the child. You can also ask that you be appointed the parent with the exclusive right to designate the child's primary residence and that his possession and access to the child be supervised or limited. You can also ask for child support. Note: you can file a suit affecting the parent child relationship before the child is born.

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