How do I get sole custody of my child in Texas if the father is currently incarcerated with a history of violence?

Asked about 3 years ago - Houston, TX

My son's father is currently incarcerated and has a criminal record ranging burglary to a felon in possession of a fire arm. He also did time for family violence because he beat me up. He has DWIs and I fear that my child will be hurt if he ever took him. He is not on the birth certificate and my son has my last name. How do I get sole custody and supervised visitation for my child?

Attorney answers (1)

  1. Fran Brochstein

    Contributor Level 17

    Answered . It does not sound like this man has any court order to have any visitation with the child at the present time.

    Therefore, I highly recommend that you sit down with an attorney in person and discuss your legal situation. I cannot give you any legal advice without more information.

    I do NOT recommend that you go to the TX A G office. I don't believe that you will help you since he is in prison at the present time. The TX A G office is primarily set up to collect child support. Therefore, with his history of DWI & other criminal activity, you do not want to get them involved in your visitation issues. They are only going to be interested in setting up child support. They are not going to try to help you with restricting his visitation.

    If you do not have an attorney, I recommend that you look on this website & on for an attorney.

    I am not accepting new cases so please don't call me. I can suggest that you contact an attorney that I rent office space from - Patricia Bushman at 713-807-9405. Her prices are reasonable. She is used to cases like you describe. She is in court on a regular basis & she is well respected at the courthouse. She offers payment plans. Please tell her that I sent you to her.

    Good luck!

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