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

Q: My son’s mother has been incarcerated since December 2022. I want to file for custody but I don’t know where to start.

My child’s mother was arrested on some very serious charges even put my child’s life in danger.

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1 Lawyer Answer
Melissa O'Neal
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  • Divorce Lawyer
  • Angleton, TX
  • Licensed in Texas

A: I would advise where you start depends on what your relationship has been. As the father you should have a priority right to possession. But if you have not has a relationship or supported your child that can create some grey area. If you have had regular contact with your child, you should file for custody. If there is a prior divorce or custody order that would mean a modification. If there has never been a court order you would file a Suit Affecting Parent Child relationship if you were never married to the mother. You should consult with an attorney in the area where the child has been residing for the last six months as that will be the proper court to file unless there is a prior order then you will need to file in the same court because that court is a court of continuing jurisdiction unless and until a transfer has been ordered.

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