i have a two in a half daughter . I haven't let her real father see her because when she was born he didn't have a stable life and was smoking. Now he is trying to get dual visit and take her. I have a appointment to show up to child support court . Do I need a lawyer
Yes you need a lawyer. Courts look at the best interest of the child when deciding conservatorship. There is a presumption in Texas that joint conservatorship is in the best interest of the child. Based on the little bit of information here, I would assume there might be some facts that could help you overcome that presumption but I think it would be very difficult for you to do without a lawyer. Once orders are put into place it'll be much more difficult to have them modified absent significant changes and a modification is even more difficult without a lawyer. If you want what is best for your child, then get a lawyer. It'll be well worth it. Keep in mind this isn't just an appointment for "child support court," this is the beginning of at least 15 years of custody and support issues that will be part of you and your daughter's life.
There are plenty of great family lawyers in your area. Many offer free consultations. Set appointments with a few then hire one.
You need family law counsel to represent you and your child on conservatorship, visitation and support matters, but primarily conservatorship and visitation. The OAG takes no position on custody issues. The OAG represents the State of Texas. Not letting her father see her was not necessarily the right way to address your concerns about smoking and not having a stable life. I am unsure what dual visit is, but he will get some visitation, normally standard possession order at minimum when your child is 3. If you need more time to get counsel, go to court and ask for a continuance (postponement)
Absolutely. I would never advice anyone to show up to court on a custody issue without being represented by a Family Law Attorney who has experience in the County in which the case is being heard. You need to be able to present your case to the Judge in the proper manner so that the Judge understands your issues with the child's father. My advice is to contact a Family Law attorney as soon as possible, so that your attorney will be able to prepare for the hearing with you. Good luck.
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