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N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 218
Experience:  Attorney
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Unmarried mother of newborn child, kicked out of home by

Customer Question

Unmarried mother of newborn child, kicked out of home by child's father in January. In March, after being served with child support papers from AG for 3/14 appearance, Father steals the child the week before court and will not let mother have any contract. On 3/14 the judge set a new hearing for temporary orders for 4/11. Henderson County Texas. Can she get attorney help? Doesn't Texas Penal Code state "unmarried mother has sole custody until someone files for custody?
JA: What steps have been taken? Have any papers been filed in TX family court?
Customer: No papers filed yet. I'm trying to decide if we should go pro se and get the forms to file or what is best.
JA: Have they talked to a lawyer about this yet?
Customer: No. Trying to locate
JA: Anything else you want the lawyer to know before I connect you?
Customer: Father's 1st baby mother assaulted new mother (2nd baby Mother) and plead guilty to get newborn's mother to leave first home of child.
Submitted: 8 months ago.
Category: Family Law
Expert:  Wendy replied 8 months ago.
Hello,
I'm a moderator for this website. I'm so sorry that an Expert has not connected with you yet. I wanted to reach out to see if you still needed assistance with your question? Please use the reply box below to let me know if you'd like to continue or cancel.
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Wendy
Customer: replied 8 months ago.
I would like to have an expert answer. However, I paid $42 for your response. I don't want to do that again.
Expert:  N.Brown ESQ replied 8 months ago.

Texas penal code addresses criminal matters. The situation described would be addressed in Family Court. Below is a copy of the relevant statute and a link to the Texas Family Code Chapter 153:

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.153.htm

Sec. 153.131. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. (a) Subject to the prohibition in Section 153.004, unless the court finds that appointment of the parent or parents would not be in the best interest of the child because the appointment would significantly impair the child's physical health or emotional development, a parent shall be appointed sole managing conservator or both parents shall be appointed as joint managing conservators of the child.(b) It is a rebuttable presumption that the appointment of the parents of a child as joint managing conservators is in the best interest of the child. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. So a unmarried mother is not considered to have sole custody. Generally, the court's presumes it is in the best interest of the children for both parents to have joint custody (conservatorship). Any presumption is a rebuttable one, meaning if there is evidence that joint custody would not be in the best interest of the child, then the court can award sole custody. History of domestic violence within the last two years is evidence that the court will strongly consider to not order joint custody. The decision to handle the matter on your own or hire an attorney is not an easy one. If the matter is not contested, and it's likely that the parties can come to an agreement, then that can usually be handled on your own. But if there is no agreement, and it is likely to be a contested matter requiring hearings, and gathering of evidence that may be more than a self-represent party can handle. The courts have a lot of assistance for self represented parties. Feel free to speak to them first to get an idea of what would be required, and then follow up with an attorney if necessary.

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Expert:  N.Brown ESQ replied 8 months ago.

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