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Newborn's mother is difficult to reach to any agreement, what are best legal actions upon paternity to custody?

Houston, TX |

Today to be exact, the mother of the child who may in any chance be mine does not respond, I want to make a paternity test as to find out if the newborn is mine. If mine, I want to take custody of the child, the mother has attempted abortion and "suicide." She's lived with another man 5 months prior to delivery. Also her mother is very well in my side and may provide help on medical records against her. What steps, forms should I take or am I too late to take action?

Attorney Answers 2


You should immediately file a custody suit (SAPCR) and set a Temporary Orders hearing. At that hearing you can get a DNA test on the spot, and then if the results are positive you can come back to court to deal with custody. It will be difficult to get custody of a newborn, barring very strong facts against the Mom. I don't think the fact that she's living with another man or was considering an abortion are very relevant. The suicidal behavior and her own mother's concerns might be.

This is a complex matter, and you will need to hire the best custody lawyer that you can find. I have posted a link to some further information below.

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

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You live in Harris County. Depending on the court and the facts of your case, you could end up with custody. The burden will be on you to prove that the child is in danger.

Quite frankly, the fact that the mother considered having an abortion is irrelevant. I would not bother bringing that up in court. The baby is born now and that is all that matters.

Her mental frame of mind is what is important now.

Hire a tough, smart attorney now.

If you want a referral to an attorney, contact me.

Attorney Brochstein is donating her time and talent by answering questions to help those in need of legal information. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific problem.

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