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What are the visitation, custody and child support laws in Texas for the non-married father of an umborn baby?

San Antonio, TX |

I am married and had an affair. Unfortunaately, the woman I had an affair with, ended up pregnant. My wife and I have managed to save our marriage and want to do the right thing by the child. I want to be an involved dad and have full access to visitation. I am not sure how this works with a newborn. How soon can I start having visitation and overnight / weekends? I am prepared to pay child support and make sure this child is taken care of. Also, will my sifes income be used to determine child support?

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Best Answer

You need to file a Suit Affecting the Parent Child Relationship (SAPCR). In that suit you will ask for joint managing conservatorship, possession and access, and offer to pay guideline child support.

The standard possession order, which is the one that gives the possessory conservator every other weekend, etc. does not automatically apply to children under the age of 3 so your visitation will be determined by the court. Some courts order a 50:50 possession and access schedule with newborns, many only allow a few hours of visitation at the mom's house.

You should hire a local family law attorney to help you through this. You need to file as soon as you can. For every month the child lives, you are accruing a retroactive child support obligation. Get orders in place, make sure both sides follow them, and you will have more peace in your life.

I'm glad you and your wife were able to work things out.

Mary Katherine Brown

Mary Katherine Brown


It is always a good idea to give priority consideration to the information provided by your state's attorneys as they are most often the best source of up-to-date information on local law.

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