I want to break up with my fiance, how do I get 50% or full custody of my 4 month old son?

My fiance has been threatening me (kicking me out of his home, physically and emotionally abusing me, etc) for a good while. I did file a police report earlier this January (just in case he hurt me so the police could go after him but NOTHING happened). I still have the file number and a copy of it. He employs full time and a home but he is in alot of debts and he is about to sell his house moving back to his parents. I have no intention to marry him whatsoever. I have my own home with no debts. I am self employed (stable). He wants full custody of my son but I don't think so (after alot of consideration). Note that I don't want to support him financially but i want to support my son (full custody if possible). I don't want to get ugly with him and I don't want to break the law either.

Houston, TX -

Attorney Answers (3)

Brian Douglas Walters

Brian Douglas Walters

Child Custody Lawyer - Houston, TX
Answered

You will need to file a Suit Affecting the Parent-Child Relationship (SAPCR) in Harris County, and set it for a hearing on Temporary Orders. At that hearing the Judge will decide who has custody ("Conservatorship"), how much time each of you will spend with your child ("Possession") and child support.

There are many factors that go into determining who is going to get custody of your son. I would have to know a lot more about your case before I could speculate on that. But certainly if he did commit family violence in January, that would hurt his case. Where your son spends most of his night (assuming you are separated) is important.

Just because you are standing up for your rights does not mean that things will get ugly, but they may. You should consult with a lawyer for more information.

This information is not legal advice and does not form an attorney-client relationship.
Adam Kielich

Adam Kielich

Employment / Labor Attorney - Bedford, TX
Answered

You should speak with a local lawyer about filing a SAPCR to obtain conservatorship of your child.

Michael Glynn Busby Jr.

Michael Glynn Busby Jr.

Family Law Attorney - Houston, TX
Answered

If you are a stay at home mom, then this should happen no problem. To get custody of a child that is four months from the mother, can be described as very difficult, provided the mother is not doing drugs and spends a fair amount of time with the child. You need to "lawyer up" and file a suit affecting parent child relationship first, then will give you leverage to shut him down now. Do not delay, it will only cost you more in the long run.

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