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What will be his parental rights when we divorce?

Ennis, TX |

I have full custody over my 3 year old daughter from a previous relationship. When she turned two, I married another man and now we are five months pregnant and are now separated. We know we can't divorce until after the baby's born.I can't deal with his issues anymore and I don't want my girls around it. He's in the military soon to be medically discharged, but his leadership has him in and out of a mental hospital. He's been on so many medications (for depression, back pain, anxiety, PTSD, high blood pressure, sleep apnea)...he wholeheartedly believes he will take the newborn away from me (he said I won't be able to afford court without him) and I'm not sure why he thinks that. But is it possible? He's not stable enough. I will fight to gain full custody of her.

Attorney Answers 3


I don't think you should wait until the baby is born. Go ASAP and have a consultation with a local divorce attorney.

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Although you cannot finalize a divorce until your baby is born, you can most certainly begin the process by filing the petition for divorce! Keep in mind that Texas is a community property state, so the assets (property and income) belong to both of you. Find a local family law attorney ASAP, and get the divorce started. Unless he can prove you a danger to the children, the fact that the child will be newborn will make it more likely that your husbands visits will be short, but frequent. If you can show the Court that he is not stable, they may be supervised. Don't waste time getting the evidence together, and contact an attorney immediately! Good luck!

This answer is general information which does not establish any attorney-client relationship between the person asking a question and the person answering, or a duty to respond to ongoing questions; nor is it intended to replace competent legal assistance in the jurisdiction where the matter/issue arises or is before a Court.

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I agree with the other attorneys. I would like to add that if he is medically discharged, he may be eligible to receive disability benefits based on his mental health conditions. A portion of these benefits may be awarded to you as child support. If his mental stability is a major concern, I recommend that you start keeping a journal or timeline of your observations of why he may be unfit to be a parent. Keep in mind that mental health records are generally privileged in Texas civil courts, but can be disclosed in limited circumstances.

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