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My wife of almost four years is pregnant from another man.

Hi, my wife of...

Hi, my wife of almost four years is pregnant from another man. she had an affair and we separated 7 or 8 months ago. shes with the guy she had the affair with and since we split we share time with our daughter.I get her Thursday-Monday and then my wife takes her because she works during the weekend. Cps somehow got involved.i think my mother in law called.maybe even my wife and ive cooperated fully with them and my wife and they have said im allowed to see my daughter and shes supposed to work with me and she hasn't been. I went to get my daughter today and she wouldn't let me

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

No. no papers have been filed. All the sudden after my mother heard my daughter say 'daddy johnny' which is her boyfriends name, my mom brought it up to my wife and they had a verbal altercation and that's when this all started. I thought she would come around because she knows I'm a good father just like everyone else we know but I think since she is pregnant and whatnot that her boyfriend and things on her own agenda are whats keeping me from seeing my daughter. Not a valid concern with me and about my daugters safety or well being

Lawyer's Assistant: Family law varies by state. What state are they in?

Texas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My daughter is 3 years old. Besides that,nothing that I can think of right this second. Just wondering what I can do and what routes I can take to get my child back

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Answered in 2 minutes by:
6/22/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and no attorney-client relationship is formed. Please allow me just a few minutes to review your question, thank you!

Ask Your Own Family Law Question

I'm sorry to hear about your situation.

As of now, have you filed a request through family court for a formal custody order?

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Customer reply replied 1 month ago
thank you and no mam. I have not. I'm not sure what steps to take going forward so I figured I should probably get some help..

Of course, no problem. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 1 month ago
thank you mam

You will need to file a motion for custody through the local family courthouse.

The judge will then make a determination on setting up a permanent parental time sharing plan -- designating the days your daughter is scheduled to be with you, and the days she's scheduled to be with her mom.

This offers you much more protection because then the mother cannot simply decide to deny you visitation. If she does, she would be in violation of a court order and could be held in contempt.

When making determinations of custody, the judge will use the best interest of the child standard.

There are several factors the court will take into consideration under this standard, they include:

(1) the desires of the child;

(2) the emotional and physical needs of the child now and in the future;

(3) the emotional and physical danger to the child now and in the future;

(4) the parental abilities of the individuals seeking custody;

(5) the programs available to assist these individuals to promote the best interest of the child;

(6) the plans for the child by these individuals or by the agency seeking custody;

(7) the stability of the home or proposed placement;

(8) the acts or omissions of the parent that may indicate that the existing parent-child relationship is not a proper one; and

(9) any excuse for the acts or omissions of the parent.

You can choose to retain a custody lawyer to represent you in this process, or you can self petition by visiting the clerk's office at the local courthouse and they can provide you with the forms to get started.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

Ask Your Own Family Law Question

You will need to file a motion for custody through the local family courthouse.

The judge will then make a determination on setting up a permanent parental time sharing plan -- designating the days your daughter is scheduled to be with you, and the days she's scheduled to be with her mom.

This offers you much more protection because then the mother cannot simply decide to deny you visitation. If she does, she would be in violation of a court order and could be held in contempt.

When making determinations of custody, the judge will use the best interest of the child standard.

There are several factors the court will take into consideration under this standard, they include:

(1) the desires of the child;

(2) the emotional and physical needs of the child now and in the future;

(3) the emotional and physical danger to the child now and in the future;

(4) the parental abilities of the individuals seeking custody;

(5) the programs available to assist these individuals to promote the best interest of the child;

(6) the plans for the child by these individuals or by the agency seeking custody;

(7) the stability of the home or proposed placement;

(8) the acts or omissions of the parent that may indicate that the existing parent-child relationship is not a proper one; and

(9) any excuse for the acts or omissions of the parent.

You can choose to retain a custody lawyer to represent you in this process, or you can self petition by visiting the clerk's office at the local courthouse and they can provide you with the forms to get started.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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