Monday, February 8th, 2010

What are the child custody and visitation laws for newborns in Texas?

I am fixing to have my baby and the father is my now ex and has not been around throughout the pregnancy. He is wanting the infant to stay overnight with him even though I am breast feeding and it is not in the best interest of the child. He is very irresponsible, selfish, and does not know how to care for an infant (basically he scares me!). How should I proceed if he does take me to court for visitation rights? Has anyone been thru this before?

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2 Responses to “What are the child custody and visitation laws for newborns in Texas?”

ron_mexico Says:
February 8th, 2010 at 4:57 am

In an ideal situation, both parents can agree on custody and visitation. When parents cannot agree, such as in your case, then you will need to go to court. A court will issue a court order defining the custodial/non-custodial parent as well as possession rights for the child. In Texas, the standard is in the “best interest of the child.”

More information on the court process can be found at the link below.
http://www.lanwt.org/txaccess/VISRIGTHS.asp

I highly recommend you seek the help of an attorney. Yahoo Answers isn’t an appropriate place to ask about your real life situation that could potentially affect the well-being of your child.

Bailey's Mom Says:
February 8th, 2010 at 5:18 am

I found this on an attorney’s website in Texas:

How is visitation handled for children under the age of 3?

Most courts will establish a limited visitation schedule for very young children, but in some cases the amount of visitation is significant and overnight visitation is allowed. It all depends on the age and needs of the child and the circumstances of the parents.

(My opinion) I think it will depend on your judge, but most judges I have seen do not give overnight visitation to small infants. They tend to give more frequent, shorter visits during the week.

Also, unless your ex has any idea about how to care for a baby, he’ll probably be very happy with shorter visits.

I know my ex tried the same thing. We went to court and he ended up getting 3 hour visits 3 times a week – of those, he missed about 80% and the ones he did keep, he only kept him for 45 minutes tops!

Good luck and congrats on your new baby!

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