How do I get parental rights to my son?

I’m on the birth certificate. She has kept him from me for over a year.

Asked on November 10, 2012 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to start off by filing a paternity suit. In Texas, this type of suit is called a "Suit Affecting Parent/Child Relationship," also known as a SAPCR.  Since your name is on the birth certificate, you'll be able to assert your status as the "presumed father" of the child, have yourself officially declared "dad" by the court, and then request access and visitation rights.  Once you have this order in place, you can then file contempt or criminal charges against her if she continues to refuse you access to the child.

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