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

Q: What are the chances of the father of my baby getting full custody?

I’m currently pregnant. My ex-boyfriend has two kids from other women, which he has full custody of. I’m not unfit In any way, shape or form. No drug or alcohol abuse, I make good money, house will be paid for in a few years, not abusive an any kind of way. I know if I don’t want to work things out with him, he’ll go for fully custody and I want to know what his chances of getting it will be because he already has full custody of his other two.

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2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: If the facts are as you state, and there aren’t additional facts which may materially affect the decision, it is highly unlikely your ex-boyfriend will be awarded full custody of your child.

Sharita Blacknall
Sharita Blacknall
Answered
  • Divorce Lawyer
  • Plana, TX
  • Licensed in Texas

A: In Texas, sole custody is typically only considered when there is evidence of abuse, neglect, drug use, or alcoholism by one of the parents that would place the child in danger. This is because the state's primary concern is the safety and well-being of the child.

In cases where there is no evidence of abuse, neglect, drug use, or alcoholism, the court will generally award joint managing conservatorship, which is the legal term for joint custody in Texas. Under a joint managing conservatorship, both parents have rights and duties for the child and both parents will participate in making decisions about the child's welfare.

In your case, since you have stated that you have no history of drug or alcohol abuse, neglect, or abuse, it is unlikely that the court would award your ex-boyfriend sole custody of your child. However, it is important to consult with a qualified attorney to assess the specific facts of your case and the potential outcome of a custody dispute in Texas. An attorney will be able to give you a more accurate assessment of the chances of your ex-boyfriend getting sole custody of your child, and will be able to guide you in the legal process.

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