texlawyer : Good afternoon. I'll be assisting you with your question.
texlawyer : To answer your question directly, if paternity has not been established, then he has no legal claim to visitation with the children without your consent. Further, you have good reason to prevent him from having overnight visitation with them, so a court would likely not view your actions thus far negatively.
texlawyer : As far as what you should do if he continues to contact you, there isn't much you can do, other than not take his calls or answer the door. As long as he isn't calling you to harass you, you can't stop him from calling.
Customer: As for the other questions?
texlawyer : If you need to move, the answer is pretty much the same as the first question...if paternity has not been established, then he has no legal right to the children.
texlawyer : If he wants rights, he will have to take you to court and establish paternity, at which point he would be ordered to pay child support.
Customer: Ok, so if he is continually calling, texting, or coming over, it is not considered harrasment?
texlawyer : When calls or texts become harrasment is a failry blurry line. They are only harrasment when they are done with the purpose to "annoy, harass, or alarm." If he's calling about wanting to see his children, it's unlikely that would be charged as a crime.
texlawyer : You always have the option of blocking his phone number.
Customer: The question as to overnights has to do with when/if he takes me to court. As I understand it, if the father has had continual visitation with the child, then the courts will allow him overnight visitation. Is that correct?
texlawyer : Not necessarily. While the standard visitation order does allow the non-custodial parent regular overnight visitation, that does not mean the judge is obligated to do so. If you can make a strong argument that that would be harmful to the children, the judge is not required to give him overnights. Ultimately, the judge is supposed to base all of his decisions regarding custody off what's in the best interest of the children.
Customer: If I have to move and do not tell him where I went and he tries to take me to court, what happens? Do I get in trouble since he cannot serve me? Will it be looked at as I have failed to appear to court?
texlawyer : In custody cases, you will frequently hear judges and lawyers refer to "the best interst of the child." That phrase is used repeatedly in the statutes.
texlawyer : In order to be compelled to appear, you have to be properly served. You have no legal obligation to inform him if you are moving. If he wants to take you to court, he is obligated to locate you.
Customer: Would you be willing to give me your name?
texlawyer : I'm sorry, but the terms of Just Answer do not allow me to do that.
Customer: Alright, thank you.
texlawyer : Communication with an expert on JA does not create an attorney-client relationship; the questions and answers are "for informational purposes only."
texlawyer : It's a legal thing.
Customer: I appreciate it. I will contact a lawyer I can talk to, but this makes me feel better for the time being. Last question. Although this service does not establish privledge, all of the answers you are giving me would be reflected in court as correct. Is that correct?
texlawyer : If you are asking if you can use this question and answer as authority in court, no. To do so would cross the line to an attorney-client relationship. You can, however, use this information for your own purposes and use it as refrence for yourself if you do have to go to court. I hope that makes sense.
Customer: Somewhat. What I was implying was that this information, although cannot be used as a court document, does contain information that would be compliant with the court system...does that make sense?
texlawyer : I'm not clear what you are asking.
texlawyer : If you are asking if what I'm telling you is legally correct, it is.
texlawyer : If you are asking if you can directly refer to this in a court document, no, you cannot do that.
Customer: If I were to go to court and say I did research to make sure that I was not doing anything wrong by keeping him from his children, this information that you have given me would make sense in the eyes of the court.
texlawyer : Yes, it would. Like I said, you can use it as your own personal reference, but you cannot directly refer to it.
Customer: ok. Thank you.
texlawyer : Glad to help.
texlawyer : If there isn't anything else I can do for you, please remember to "rate" my answer. Good luck!