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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Texas
- (979) 330-5122
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
